Appealing A Drivers' License Suspension?

[Rusty]

So my youngest son gets a notice in the mail from the Secretary of State saying that his driver's license is being suspended for 3 months because of a traffic violation (passing a stopped school bus).

He has the right to appeal the suspension with a hearing officer from the Secretary of State's office. No idea what the outcome will be, although I read online that one possibility is a "restricted driving permit" that would allow him to drive to and from work.

Anybody here had any experience with this sort of thing -- appealing a license suspension? I welcome any and all advice and feedback. Thanks.

 

[Walt34]

Most states consider passing a stopped school bus on a par with DWI so it's a serious offense. I've seen restricted licenses for DWI for driving to and from work so that is probably the best outcome to hope for.

If he violates that restriction count on it being revoked for at least a year.

 

[MichaelB]

An attorney that specializes in license suspensions may be able to help. They are often able to plea a first offense down to a less serious offense, although this seems to be more prominent in some parts of the country and not others.

 

[mamadogmamacat]

My cousin (young adult, early thirties) in CT several years ago appealed a suspension due to a DUI, and yes there at that time for a first offense, a restricted permit to drive to and from work was routinely given. However, it was a small town, cousin was known to the judge and had some "sympathy points" due to the recent death of his father, and he got a stern warning to not repeat the offense and he was wise enough to be repentant and respectful in court. Others who were less wise actually got a night or two in jail and no permit. So, my only caution would be to consider your son's maturity level. No offense intended, but if you feel any concern about how he would conduct himself before the judge, you might not want to go forward with the appeal.

 

[Sunset]

Good thing he didn't hit any kid or it would have been worse.

 

[AlbaCrush]

Unless he needs the license to drive to work, I'd let him be without a license for three months to teach him a lesson. He could have hit a kid by passing hat school bus.

 

[rodi]

How old is your son? My oldest turned 16 today... he didn't insist on going to get his permit... but I suspect that discussion is imminent. I'm terrified of his driving. Smart kid - can do physics with ease... just can't seem to apply it in real life. We were at Costco 2 weeks ago and he kept hitting things with our shopping cart - including the back of my ankle. If he can't drive a shopping cart - how can I let him behind the wheel?

Sorry for the hijack.

Personally, I would consider this a "teachable moment" for your son... traffic rules should be obeyed and there are real consequences if you are caught breaking a traffic law.

 

[ivinsfan]

So is this his first violation? And what is his story about passing the school bus? You also did not mention his age.

What would be the basis of his appeal? /these questions matter, as to paying the price his insurance company will be taking that right out of his pocket.

 

[Newventurer]

So my youngest son gets a notice in the mail from the Secretary of State saying that his driver's license is being suspended for 3 months because of a traffic violation (passing a stopped school bus).

He has the right to appeal the suspension with a hearing officer from the Secretary of State's office. No idea what the outcome will be, although I read online that one possibility is a "restricted driving permit" that would allow him to drive to and from work.

Anybody here had any experience with this sort of thing -- appealing a license suspension? I welcome any and all advice and feedback. Thanks.

Ouch! My mother in law just experienced this, the bus had a camera that caught her transgression. She had her license suspended for 21 days, so much less than what your son is experiencing. I believe she would have had to go to court to fight it which would have cost her more (attorney) and potential for same outcome, especially since they had the video evidence.

 

[Just_Steve]

3 month suspension, thats all?

 

[Bamaman]

Unless he needs the license to drive to work, I'd let him be without a license for three months to teach him a lesson. He could have hit a kid by passing hat school bus.

At face value, you could be right. But he really should do everything possible to fight the suspension--being humble and sorry.

Any youngster that has had a suspension for any reason will have difficulties obtaining car insurance for a decent price. And this may be for 7 years--depending on the insurance company underwriting standards. This infraction could cost $ thousands and thousands in the long run.

 

[rodi]

I see your point Bamaman... but I'm a hard nose and still look at it as a teachable moment. Have the kid get a buspass or a bike. Consequences of actions.

 

[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.

 

[Hermit]

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.

This does not seem like the best approach a father should have with an impressionable son...

 

[jazz4cash]

3 month suspension, thats all?

21 days=3 weeks, not months.

 

[Senator]

This does not seem like the best approach a father should have with an impressionable son...

You are 100% right, but that is the way the world works, at least the USA.

 

[samclem]

I've found that some lessons my daughter was only able to learn from the school of hard knocks, and my efforts to get in the way or insulate her from these lessons only increased the ultimate tuition. Your son has a problem, it is not your problem. If he asks for advice, I would give it to him. Just like any of us would, he'll have to decide if fighting the suspension is worth the cost (this would be a great time for him to learn how much a lawyer earns per hour--so he may want to be one, or to avoid the need for their services in the future).

Since he's a juvenile, perhaps there is a way to get the infraction removed from his record at a later time, if he shows responsible driving behavior? That would reduce the long-term insurance costs while providing an important reason for him to pay close attention to his surroundings and his decisions when behind the wheel.

 

[Car-Guy]

this does not seem like the best approach a father should have with an impressionable son...

+1

unless he needs the license to drive to work, i'd let him be without a license for three months to teach him a lesson. He could have hit a kid by passing hat school bus.

+1

 

[euro]

I see your point Bamaman... but I'm a hard nose and still look at it as a teachable moment. Have the kid get a buspass or a bike. Consequences of actions.

I hear you about being hard-nosed. That said, this suspension will cause him all sorts of grief. Including, very possibly, being turned down for jobs down the road. This happened to my son (who got busted with pot paraphenelia in his car when he got stopped for speeding. He got fired from his part time job with the City's Park and Recreation department (for some reason, he felt compelled to tell his supervisor that he got stopped - and promptly got dismissed), and, 2 years later, was turned down for several jobs because they asked for his DMV record and it was still on there.
While I don;t feel that sorry for him, he IS paying an inordinate price for a pretty small transgression while a teenager.

 

[harley]

Back when I was young, dumb, etc., I always appealed any traffic violation. They would always allow me to plea minor things like speeding down to the next lower level, ie. dropping from 15 mph over the limit to 9 mph over, resulting in a smaller fine and lower number of points. I did get a DUI many years ago, and since it was a first offense my license was suspended but I was allowed to drive to and from work only. I would appeal it. What's the worst that could happen?

Luckily, somebody invented cruise control and I don't have these problems anymore. And DW doesn't drink so the DUI thing isn't an issue either. My life has gotten better.

By the way, I wouldn't bother with a lawyer. These things tend to have set results, and all the lawyer does is increase the price. Some things they are necessary for, but not this, IMO.

 

[Katsmeow]

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]

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.

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