Dmv Mistake

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Hopeful

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HI again....begging advice for a friend this time. Here is the info as I was told...

Her b/f was stopped (in Missouri) for something which ended up causing him to have a suspended license for 12-13 months. This was I think in 2003. Last spring 2004 he was thinking that his suspension was up, ( he claims that he has never received anything relating to the suspension or to it's ending.) So thinking it was up he went to the license bureau to renew his license, which they did. Alledgely he asked the lady at that time if there was still a suspension on his license and the reply was no his license was clear. So off he goes with his renewed license. A while back he was again stopped and when the officer run his license he came back and told him that he was driving on a suspended license. This past week they went to court and explained to the judge that he had gotten a renewed license and had asked if there were any suspension or points off of it and was told no. They showed him the license that was issued. They reportedly called the local DMV and explained the situation and all they said was oops we made a mistake. The judge says that he has two choices plead guilty to driving with a suspended licesnse again and pay the court costs, serve 2 days in jail and have another year of suspension OR plead not guilty and see what happens. All she wants is for the DMV to admit they gave him a revewed license by mistake and for them to strike the record and not charge him with driving with a suspended license again. But they so far refuse even tho they have shown both the DMV and the judge the license that they issued in error. She would like to know if it would be worth their time to hire a lawyer to fight this, since the whole thing was due to an error in the DMV computer system? She would appreciate any help or insite you can give.
 
Hopeful said:
HI again....begging advice for a friend this time. Here is the info as I was told...

Her b/f was stopped (in Missouri) for something which ended up causing him to have a suspended license for 12-13 months. This was I think in 2003. Last spring 2004 he was thinking that his suspension was up, ( he claims that he has never received anything relating to the suspension or to it's ending.) So thinking it was up he went to the license bureau to renew his license, which they did. Alledgely he asked the lady at that time if there was still a suspension on his license and the reply was no his license was clear. So off he goes with his renewed license. A while back he was again stopped and when the officer run his license he came back and told him that he was driving on a suspended license. This past week they went to court and explained to the judge that he had gotten a renewed license and had asked if there were any suspension or points off of it and was told no. They showed him the license that was issued. They reportedly called the local DMV and explained the situation and all they said was oops we made a mistake. The judge says that he has two choices plead guilty to driving with a suspended licesnse again and pay the court costs, serve 2 days in jail and have another year of suspension OR plead not guilty and see what happens. All she wants is for the DMV to admit they gave him a revewed license by mistake and for them to strike the record and not charge him with driving with a suspended license again. But they so far refuse even tho they have shown both the DMV and the judge the license that they issued in error. She would like to know if it would be worth their time to hire a lawyer to fight this, since the whole thing was due to an error in the DMV computer system? She would appreciate any help or insite you can give.
What was the reason given why the error wasn't a good excuse? The challenge is this - it may be within the discretion of the judge since the friend should have known how long the probationary period is. Hiring an attorney may help as for various reasons I'd rather not delve into, it may soften any type of plea with the prosecutor. Try it if it seems that his own efforts are failing.
 
If a Missouri driver license is suspended or revoked, the driver must pay a reinstatement fee and file a SR-22 form (proof of insurance) with the Department of Revenue before the license will be reinstated. If the suspension or revocation was for an alcohol-related traffic offense, the driver also must file proof with the Dept. of Revenue that the driver has completed a State Alcohol Traffic Offenders Program (SATOP).

The Missouri Dept. of Revenue site has complete license reinstatement information for all types of suspensions and revocations.

In any situation in which jail time and a driver license revocation hangs in the balance, it would be crazy not to hire a lawyer. Just my opinion.
 
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