In case you haven‘t noticed, criminal defense attorney John Guidry has been defending driving while license suspended charges since 1993, but for a moment here we‘ll forget about criminal charges and focus on an act of prevention. The best way to begin fixing a suspended license is a driving record printout from DMV, and also check WEBSITE for a DL check online that will outline all suspension issues. Here’s a few common reasons for license suspension and what can be done to fix it.
Unpaid Toll Violations
These violations rack up fast, often without any knowledge, because there’s no cop pulling a person over here to sign a ticket, it’s just a bunch of fines arriving in the mail one day. You thought your e-pass or sun-pass was fully operational, but maybe not. And later, its discovered you owe thousands of dollars. The clerk can, sometimes, offer a payment plan in exchange for lifting the non-payment suspensions. If not, consider hiring a traffic ticket / citation attorney (I handle criminal cases and driving while license suspended citations but unfortunately, I don’t handle toll violations. If you cannot find anyone to handle your old toll violations, and the clerk will not help, try writing a letter to the judge requesting that your suspension be lifted in exchange for a payment plan).
Unpaid Traffic Tickets
The two main concerns with paying old tickets off involves the points assessed and the license suspension implications. First, many old traffic tickets have not yet counted as points against your driving record until you’ve actually paid the ticket. Often, the clerk of court explains that simply paying old tickets x, y, & z will help get your license reinstated. But, each ticket you pay carries 4 points (for example), and those 12 points added to points already on your license cause a “point suspension”. The best way to fix this situation is to first head to the DMV and obtain a copy of your driving record. Next, call criminal attorney John Guidry for an analysis of your driving record to determine if the payment of the old tickets will cause more problems. As a general rule, NEVER pay an old Driving While License Suspended citation without first contacting criminal defense attorney John Guidry, because the simple payment of such citations can lead to a 5 year DL suspension as a Habitual Traffic Offender.
Child Support Suspensions
PLEASE NOTE: I DO NOT HANDLE CHILD SUPPORT SUSPENSIONS, sorry! REACH OUT TO A LOCAL FAMILY LAWYER OR DIVORCE LAWYER, they can erase your child support suspension. Anyway, now that we’ve dispensed with the usual disclaimers, I will say that these suspensions are tricky, and how to handle this suspension depends upon quirky laws found in the state or county that imposed the child support to begin with. This suspension is a classic Catch-22, you need to work to pay child support, but you can’t work without a driver’s license. Under these circumstances, one way to handle this suspension is to request that the judge temporarily lift the child support suspension once a good faith payment is made toward the total child support balance. Part of this agreement will also require that child support payments be made monthly, even if the entire balance is not paid off, in order to keep the license from being suspended again.
Unpaid Court Costs on old Criminal Cases
Remember that old open container charge from years ago? Well, the clerk of court says you still owe $45 on the case, and they’ve suspended your license as a result. If that’s case, just head out to the clerk of court pay the outstanding balance, the DMV will want a reinstatement fee, and you’ll be driving in no time.
But, for those owing high balances on your old criminal case, it is just too much to pay at once (fines on trafficking cases start at $50,000 . . .). If this is why your license is suspended, consider reaching out to the attorney that helped with the case to see if they can motion the judge to have the failure to pay suspension lifted and impose a new payment plan.
For others, the problem is not the payment of the criminal case fines, it is their failure to complete a condition of the sentence. On DUI’s, for example, it is common for drivers to fail to complete the drug rehab portion of their sentence. If this is the case, it’s recommended that you first speak with the clerk of court to find out “exactly” what will satisfy the clerk’s requirement. It’s also possible to contact the judge (via a nice half page letter) to see if the suspension can be lifted once proof is shown of enrollment into drug rehab. Drug rehab can last six months or longer, so many people do not want to go without a license for that long (who can blame them?). Some judge’s are sympathetic to this situation.
Financial Responsibility Accident Suspensions
This is suspension is more and more common, its a long game played by debt collectors. First, an insurance company seeks payment for damages caused in an accident because your insurance didn’t cover all of the damage. Next, some debt collection law firm sues you and gets a judgement without you even knowing it. Next, your license is suspended until you pay the judgement. You’ll need an attorney specializing in this sort of thing to undo the judgement and get your license back, or maybe, your attorney will negotiate a reduction in the judgement. I’ve seen outrageous amounts of money owed on such suspensions and insurance companies unwilling to release the suspension until the amount is paid in full, some of those clients have simply filed for bankruptcy to wipe out said debt. This seems a bit extreme (depending on how important driving is…), never take such an action without first hiring a bankruptcy attorney, as some accident debts are not dischargeable in bankruptcy.
DEPENDS WHAT TYPE OF SUSPENSION, you may need to click here if you’ve been convicted of DUI or here if your DUI is still pending
Suspension as a Habitual Traffic Offender (HTO)
I have so much stuff on my website on how to remove an HTO suspension, you should check it out, and I also have some videos as well.
As you can see from the above overview, trying to clear up a driving record in order to obtain a license can be tough, and may dig a person into an even deeper hole. So, you know what to do, please give criminal attorney John Guidry a call to review your situation. If there’s a way to get that license back, he’ll find it.