How would I prove that I never got anything in the mail about my suspended license?
Apparently, my license had been suspended since last year April. I had no idea until I got pulled over today. The officer was not able to tell me why my license was suspended a year ago, but luckily he did not arrest me or impound my car. The officer showed me that they sent me the notification in the mail about my suspended license, but I honestly never received this letter!
I surmise that they suspended me because I missed a court date for a speeding ticket last year (which I paid in full) but was not informed that I had to reschedule the court hearing or pay any other fees. Yes, it was very naive of me to think I was okay after that, but let's move on:
1.) How do I prove I didn't get the notification about my suspended license when I go to court?
2.) How much longer will my license be suspended because I had been unaware driving on a suspended license for a year? (this is my first offense)
3.) Since my license was suspended for the majority of last year, and you're not covered by insurance when your license is suspended; will I be able to get that money back from my car insurance company (USAA), or at least put it towards the future year? Do I still have to pay for car insurance while my license is suspended?
4.) Do I have a better chance of "winning" my case by hiring a lawyer or will I be okay with a public defender?
I went to the dmv today and they said I was suspended because I did not go to traffic school for one of my tickets last year. I paid $3 for the official letter saying I need to go to TSS (traffic survival school). They said I would be able to reinstate my license as soon as show this letter to TSS and finish the class, which is a great relief.
1a) How much in other fees will I have to pay after TSS? Reinstatement fees and etc?
2a) Will having my license reinstated increase my chance of getting a better/lesser sentence in court?
Thanks for your help everyone!! ^_^
- wizjpLv 77 years agoBest Answer
(1). You can not prove a negative. Would you believe you?
(2) Jurisdiction specific. Ignorance, as they say, is no excuse. I'd assume you are going to get another 6 months.
(3) No. They insured you at your request.
(4) You always have a better chance with a paid lawyer.
- Bob BLv 77 years ago
1- It would be very difficult to "prove" you didn't get it. However, it would be equally difficult for the prosecution to prove beyond a reasonable doubt that you actually received it either. If a letter isn't sent via registered mail, there is no guarantee of arrival.
2- Depends on the jurisdiction, and how sympathetic the judge is.
3- Depends on insurance company policy, but do not be surprised if they don't refund you.
4- You always have a better chance with a private lawyer than a public defender. Public defenders often have a lot of cases on their books at any one time, and are unlikely to devote much effort to small matters like this. There are law firms that specialise in traffic law who might pay more attention.
- David SLv 77 years ago
1. It's impossible to prove that you did not receive normal, first-class mail.
2. You weren't arrested for driving while license suspended, so it's doubtful you will face further suspension.
3. You will not receive a refund from your insurance company because even though your license was suspended and you were not supposed to drive, you did drive, thereby using the insurance you paid for.
4. If you have the funds, hire a lawyer.