Is This Even Legal!?!?

[DrFaroohk]

Long story, but to shorten it: my wife's license was suspended, and a few months ago she got pulled over and charged with OAS. Not a big deal, really. Went to court, plead guilty, judge ordered a 300 dollar fine. End of story.

Now we get a letter saying her license is being suspended again, because of the OAS charge.

Isn't it kinda "too late"? That'd be like the state saying "Oh, remember that 2 years probation we gave you? We changed our mind. You have to go to prison now after all."

I would almost think this would be similar to a double jeopardy kind of thing. Not exactly, but in the same spirit. She was already tried, convicted and sentenced. It should be too late to add extra shit on there now.

[Peppergirl]

I can see your point, but the DMV is probably a whole seperate entity from the actual county/state goverment that handed down her 'sentence'. Bullshit, I know - but I also am painfully familiar with DMV vs state-juristiction shenannigans.

I lived in Florida from 1998-2000. I got pulled over when I lived down there and told I had a warrant/suspended license in Ohio. I was all , and after some research figured out that I had 2 unpaid parking tickets from 1992, and they decided to come after me in 1999. Seeing as I lived in Florida and it was beyond the 1 year limit in which the USPS forwards mail, I never received the notice. Nice.

It should also be mentioned that I was in a backwoods, hick town in Florida and could have easily had the cuffs slapped on me and been thrown into jail....for 7 year old unpaid parking tickets 800 miles away.

Also, I was allowed to transfer my Ohio license into a Florida one less than 6 months prior to this incident.

If their technology for tracking me down BACK THEN was THAT good, can you imagine how it would be now? LOL

[BroomJockey]

Was she scheduled to get it back recently? If she didn't already have it back, it might be standard to only send out a letter detailing getting it back, or if the suspension is being extended, thus not sending it out then.

I dunno. I'd call and ask why you're only being notified now.

[Boozy]

I can see your point, but the DMV is probably a whole seperate entity from the actual county/state goverment that handed down her 'sentence'.

I think you're probably right. Driving is a "privilege" and not a right, so the DMV is not held to the same rules the courts are. Double jeopardy would not apply.

It would be similar to getting arrested for throwing a cup of hot coffee out your window and hitting a passerby. The state might charge you for assault, but it wouldn't stop the municipality from ticketing you for littering after the fact. Different laws, different jurisdictions, etc.

[Nyoibo]

What's OAS?

[BroomJockey]

"Operating after a suspension," apparently.

You know, I'd say they did it because if she was driving with a suspended licence, she didn't "learn her lesson." So under their separate rules, they're gonna do more to punish that. I'd still ask why so far after, jic.

[Nyoibo]

I'd look at it more "remember that probation we gave you, yeah you breached the rules"

[DrFaroohk]

Yes but she already paid her debt on that. It just seems like bullcrap. Fortunately, upon reading more of the fine print, all she has to do is pay a 50 dollar reinstatement fee and she can have it back.

[Peppergirl]

Fortunately, upon reading more of the fine print, all she has to do is pay a 50 dollar reinstatement fee and she can have it back.

Of course. It's ultimately all about the almighty dollar with them. Ugh.

[Flyndaran]

Of course. It's ultimately all about the almighty dollar with them. Ugh.

Joking I see, but a legitimate observation. Who wants to fill prisons with traffic violators?

[RecoveringKinkoid]

Yes but she already paid her debt on that. It just seems like bullcrap. Fortunately, upon reading more of the fine print, all she has to do is pay a 50 dollar reinstatement fee and she can have it back.

But she didn't pay her debt on the original charge. She only paid it on the OAS charge. The original charge she pretty much ignored. Which is why she's in this mess now.

[DrFaroohk]

Hmmm, maybe I explained it wrong in my original post:

1) she got a stupid little speeding ticket that we both just plain forgot about

2) license got suspended when ticket wasn't paid

3) ticket got paid, we assumed it was taken care of

4) then she got caught for driving with a suspended license, which had NOT been taken care of as we assumed

5) went to court, paid a 300 dollar fine for said charge in #4. now the speeding ticket was taken care of, license was taken care of, OAS was taken care of.

6) license got suspended AGAIN...

everything was all taken care of. ah well, i guess there's no help for it. i almost think we could hire a lawyer and win, but that'd cost more than the fine itself.

[Flyndaran]

...
everything was all taken care of. ah well, i guess there's no help for it. i almost think we could hire a lawyer and win, but that'd cost more than the fine itself.

I seriously doubt you would win. You made the mistake by assuming paying a fine would reinstate her license. Ignorance of the law is no excuse, no matter how byzantine it may be.

[RecoveringKinkoid]

Yeah, okay, I see what you are saying now. That does seem a little much, since you took care of everything...or so you thought.

I dunno what to tell you. I feel like everything's addressed, so her licence should not be suspended again. But I doubt you'd get very far suing a government office, which is unfortunate, because we all know what level of screw-uppedness they are capable of.

[DrFaroohk]

I guess its just the unfairness of it that sucks. If it were the other way around, and we found out there was a slight technicality that enabled us to not pay a fine, they'd be like "Well sorry, the trial's done and it's too late now."