Appealing A Drivers' License Suspension?

[Katsmeow]

Quote:

Originally Posted by Senator I have known plenty of people that continue to drive after a suspension. If you get caught, they just suspend your license (again...) I suspect there is an additional fine for additional violations. If those fines are not paid, they suspend your license (again, 2x). Since he will not have a license, you do not need to insure him. Of course, if he does continue to drive and gets into an accident, make sure you have a great umbrella policy.

It is a serious mistake to assume that the law is the same in every state. In some states, driving with a suspended license can result in jail time. Not worth it.

On reading this, my first thought was to wonder the age of the son. Is he a teenager? An adult? Is he still under parental support? What kind of job does he have that he needs to drive to?

I felt that some of the responses assumed answers to some of this. For example, in some areas not being able to drive would mean having to lose the job because there is no public transportation (where I live for example). In other situations, taking the bus might be an option.

My first thought was to be inclined not to have him appeal for just the teachable moment.

But, the consequences might be severe enough that maybe that isn't the best option. Increase in insurance premiums for years is one. The other that I think is even more compelling is the potential harm to future employment. Employers do often get DMV records and this might make a difference.

Perhaps as a parent it would depend on the child and whether I felt he took the violation seriously or whether he would take appealing and getting a restricted license as basically meaning he didn't have to take the violation seriously.

[Texas Proud]

Check to see if there is a drivers training course he can take that would negate the penalty....


I do not think this is as bad as drug paraphernalia or DUI.... but, I would still fight it if possible...

[38Chevy454]

Let your son appeal it himself. Possibly with some advice and guidance from you, but he is the one that has to go to the hearing and be the face in court. He will learn the process and also realize he one responsible for his stupid driving. Seems you have nothing to lose by trying to appeal, and a lot of potential gain.

FWIW, I joke that I graduated from traffic school before I graduated from college. Went 6 times in 5 years span. Back in the day before all this electronic records and each county had their own system. So none knew about the others. Even though state law only permitted once every 2 years. I never did passing school bus or DUI, just tended to drive too fast. That was back in the wonderful 55 mph limit days. As Sammy Hagar sings, "I can't drive 55" applied to me. Still tend to drive fast now, but grey hair and driving an old hot rod does wonders.

[Rusty]

Thanks for the replies and feedback.

A bit more info for those who asked. My son is 25 years old and active military, stationed in Arkansas. The transgression happened off-base shortly after he was stationed there, he was still getting used to knowing his way around down there and just had a plain old brain fart.

Cop pulled him over, gave him a ticket. My son goes in front of an Arkansas judge at traffic court a few weeks later, says I did it and I'm sorry. Judge asked if he was military, my son said yes, the judge said lots of new airmen get pinched near base, reduced the fine significantly, and said get out of here and be more careful.

Thing is, my son has an Illinois driver's license, and it was the IL Secretary of States' office that got wind of the ticket and mailed him the suspension letter just now, three months after he appeared in Arkansas traffic court.

Stay tuned, will let folks know how things develop. Thanks again.

[Senator]

Quote:

Originally Posted by Rusty Thanks for the replies and feedback. A bit more info for those who asked. My son is 25 years old and active military...

He should well know better at 25. Let him handle the case himself. If I was a judge, I may give him 30 days in jail, or longer. I thought he was a lot younger in the original post.

I am sure his commander would like to know about the violation, perhaps he will be reduced in rank, as many people with DUIs are.

Luckily he did not kill anyone.
Boy, 7, fatally struck while waiting for school bus in northwest Minnesota – Twin Cities

Was this like his transgression? This guy got a year in jail. It's amazing no one got killed in this school bus video.

Quote:

An Apple Valley semitrailer truck driver who nearly hit a young girl after illegally speeding past a school bus on the shoulder of a central Minnesota highway was sentenced Wednesday to one year in Kandiyohi County jail, two years’ probation and a $1,000 fine. https://youtu.be/7VbRtnzzK34

[MichaelB]

Quote:

Originally Posted by Rusty Thanks for the replies and feedback. A bit more info for those who asked. My son is 25 years old and active military, stationed in Arkansas. The transgression happened off-base shortly after he was stationed there, he was still getting used to knowing his way around down there and just had a plain old brain fart. Cop pulled him over, gave him a ticket. My son goes in front of an Arkansas judge at traffic court a few weeks later, says I did it and I'm sorry. Judge asked if he was military, my son said yes, the judge said lots of new airmen get pinched near base, reduced the fine significantly, and said get out of here and be more careful. Thing is, my son has an Illinois driver's license, and it was the IL Secretary of States' office that got wind of the ticket and mailed him the suspension letter just now, three months after he appeared in Arkansas traffic court. Stay tuned, will let folks know how things develop. Thanks again.

Well, those details do change things a little. If the judge reduced the charge and then ruled, the Il Sec of State office needs to know that immediately.

[ponyboy]

Good. Sounds like he is a dangerous driver and put others at risk. Should suspend his license for a year.

[Aerides]

Hope he has a bike.

[samclem]

There are lots of grey areas in an infraction like this that significantly change the degree of danger/negligence. The judge should have heard all the factors and taken them into account, and apparently didn't see fit to suspend his license. Maybe IL has some sort of automatic suspension for any infraction like this? It can't hurt to take appropriate steps to contest the suspension in IL. FWIW, your son has a lot of latitude in choosing his state of legal residence. IL would not be my first choice.

[ivinsfan]

Why doesn't your son ask for a teleconference appear from Ill.? What does he have to lose,I'm surprised he's even asking if he should do this.

[Bestwifeever]

Quote:

Originally Posted by MichaelB Well, those details do change things a little. If the judge reduced the charge and then ruled, the Il Sec of State office needs to know that immediately.

+1.

[RE2Boys]

Yep, I would appeal the IL decision, those closer to the incident have already ruled.

That said, I don't have much sympathy when it involves school zones. I'm a school crossing guard and have seen many cases of speeding and careless driving in the vicinity of school buses and schools, even got hit once by a van not paying attention. Fortunately, no children involved and it was winter, so I was bundled up and just rolled on the street (otherwise would have had road rash). Just sore hip and wrist for a few days where I landed. All had stopped and then one minivan proceeded to make a left turn.

[euro]

Quote:

Originally Posted by Senator He should well know better at 25. Let him handle the case himself. If I was a judge, I may give him 30 days in jail, or longer. I thought he was a lot younger in the original post. I am sure his commander would like to know about the violation, perhaps he will be reduced in rank, as many people with DUIs are. Luckily he did not kill anyone. Boy, 7, fatally struck while waiting for school bus in northwest Minnesota – Twin Cities Was this like his transgression? This guy got a year in jail. It's amazing no one got killed in this school bus video.

While I certainly don't want to diminish the seriousness of the transgression, do we REALLY want to lock up a guy who stood up and admitted his mistake in front of a judge? Do we really need to destroy his military career over this?
You do realize that we already lock up an inordinate percentage of our entire population? Very unproductive and expensive to society! Hundreds of thousands of people pass a stopped school bus - not saying it is right but are we going to lock up all of them?

[Bestwifeever]

Appealing a decision is no different than taking all the tax deductions one is entitled to take. It is an option that is out there, nothing wrong with using it. OP's son took the blame and the judge reduced the charge--why not appeal another state's automatic suspension based on the original charge?

[kitesurfer2]

EDIT:

That's a light punishment,

[Texas Proud]

I read all the people who are wanting to throw the book at the guy..... but, we do not know all the info...


Was the bus just stopping and turning on their light but he kept going? I have seen buses stop here and have their yellow lights blinking.... and blinking and blinking... I passed one after waiting almost a minute without the red lights coming on.... never knew what the driver was up to....


Was the bus stopping at an apartment complex and had pulled over into the driveway, but still pointing down the road? I have seen this also... the bus is not on the street but the lights are on... I stop at this, but I have seen others who do not...


Was it a 4 lane road with a middle turn lane? Kids are not allowed to cross the road in this situation and all lanes are supposed to stop, but I have seen people going the opposite way pass the bus...

Was it in a school zone and he was going the school zone speed but just missed that the bus had its lights on... there are many buses at some schools... I have counted 20 at a local school here.... they are not on any street, but that does not mean all locations have bus lanes at all schools...


Now, if he was doing 40 in a neighborhood passing a school bus that had its light going for awhile, that is different... there really are degrees of how bad someone did something wrong....

[mamadogmamacat]

Perhaps a solution: let the suspension happen and either find rides/alternate means of transportation or go ahead and get an AR license if he can make that his state of residence as other things like taxes will I imagine be cheaper anyway, especially if contacting IL for appeal is just too much of a hassle

[kgtest]

Just don't let your son pass the accountability buck, He was wrong, but I recommend fighting any suspension as the opportunity costs could be greater in terms of psychology.

I only say this because this exact thing happened to me when i was 16 only it was a car accident and it was my ole man's scissors promptly cutting my license in half that was the suspension.

He told me no friends in the car until I had been driving for a year. I got in a fender bender with my friend in the car and was busted red handed. (on a side note still not sure how my ole man managed to make it to the accident scene before the policeman lol). My friend was injured in the accident but he was soo scared of my dad's infuriated attitude at the scene he never mentioned he was hurt.

That seemed like eternal summer for me, but I learned from the experience. I was actually pretty hard on myself, but learned how resourceful I could be without a car at 16.

Put the boy on his own insurance policy. That's what my dad did and it wasn't until that moment I had to pay my own insurance premium that I realized driving was a privilege and not a right. ooooh wait, it took a few more "offenses" and some increased premiums before I FINALLY realized this.

[Big_Hitter]

sounds like he should apply for an Arkansas drivers license, if he is a resident and everything is above board

he probably needs to reinstate the IL license first though

[ChiliPepr]

Have him cancel his IL license and get an AK license before the hearing.