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Wrongful Failure to Stop, & exp'd license by 30 days, clean record, what do I do?

Discussion in 'Speeding Tickets, Traffic & Moving Violations' started by MBarton, Dec 30, 2005.

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  1. MBarton

    MBarton Law Topic Starter New Member

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    This morning I was followed through my subdivision by an officer who pulled me over before I pulled into daugther's daycare. He said I failed to stop at a stop sign.

    There was a lot of other things involved (sick 23 month old in car), I'll spare those details.

    I stopped. A woman walking her dog even stopped to say she saw I stopped. This is a bus stop for children, and it is impossible to get through that without stopping.

    Also rec'd tkt for "driving with no license". I had my license, but it exp'd 31 days ago. I've been to DMV twice to renew, and the first time the system was down, and they couldn't help me. The second time, I had to leave after being there over 2 hours, and couldn't miss anymore time from work. I'm attempting this again, today, but I've been told there is a 3 hour wait (single working mom, branch manager, can't miss work like the DMV thinks I can).

    I told the officer all of this, and I told him I stopped. He admitted that when he was writing the ticket, he had a problem b/c the intersection he said I failed to stop at, didn't have a stop sign. Sounded like someone new on the force to me. He told me jsut to go to court, and they'd probably drop it.

    I have a clean driving record. Does this sound right? Time off from work is almost near to impossible, I rarely even take a lunch b/c of the nature of what I do. Do I pay money to lawyer to handle? Do I go to court, and tell the judge I indeed stopped, and the officer was wrong, and I've renewed my license, and I have a clean history?

    If I go to court on my own, do I have to pay court costs if they rule in my favor? If so, how much is that? Since I'll be missing time/money by not being at work, do I just pay a bit more and have attorney do this for me?

    Thank you. The court date is 3/6/06.

    I reported all of this to the PD supervisor, who listened, but did nothing else besides say good luck.
     
  2. lwpat

    lwpat Moderator

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    In many states you can now renew your license online or by mail. Have you checked to see if that is available? I would also complain to your local legislators about your DMV.
    It is up to you to decide whether to hire an attorney or not. Expect to pay between 300 and 500 in most states plus whatever happens in court. If there is no stop sign, where is the violation?
     

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