legal advice for traffic violation

rammstein · 02-13-2004, 08:27 AM

I am hoping some members of this board might be able to offer me some advice on how to proceed with a matter I am now facing. I will outline what has happened up to now:

1) Driving across country with a friend. Get stuck in traffic in Iowa. We were hoping to make it to a firing range in Nebraska that rented full-autos, and time was getting tight. Traffic let up, and I STUPIDLY decided that I would try to make up for a 2 hour loss by driving faster. So I got a ticket for going 29 over the limit. The cop tells me if it had been 30+ over, I would have lost my license.

2) I decide to just pay the ticket. Ticket paid. Matter over (I thought).

3) 2 months later, I get a letter in the mail from the Massachusettes DMV stating my license will be suspended 3/10 due to a violation in Iowa. This is a shocking surprise. I had to make a few phone calls to figure out what it was even about (letter was VERY generic). Apparently, if you are 25 or more above the limit in Iowa, you lose your driving priveleges for a couple months. And I have come to learn that in the beautiful state of Massachusettes, if you lose driving priveleges in any state, you lose it in Mass too.

4) As far as I know, here is what my options are:

a} Allow the suspension to happen. Don't drive for 2 months.
When it ends, pay Iowa $200 plus Mass $100 to reinstate my license. And play all kinds of games getting the appropriate paperwork to the Mass DMV

b} Appeal the suspension. This postpones the suspension until the process ends. I am supposed to fax them an appeal. I have no idea what I would say on this appeal, and I am hoping somebody has a suggestion.

c} I inquired about an Iowa attourney and it seems I will be paying $1500 just to open the door. BIG money.

I am lost as to how I should proceed, but I need to make a decision within a day or two. If there are any lawyers here, I could pay some money just for some advice over the phone.

And as for the speeding, yes I know it was stupid, and I am paying for it in unimaginable ways still, 3 months later.

pwd72s · 02-13-2004, 09:23 AM

Once upon a time, long long ago, I got too many speeding tickets. State of Oregon pulled my license for 2 months. So, I parked my then new GTO (a '65), borrowed a friends 10 speed and peddled my ass all over town for 60 days. I figured it was cheaper than the appeals process, which I'd probably lose anyway. Sure wish they'd made Valentine Ones back then...

rammstein · 02-13-2004, 10:19 AM

At least its gonna be spring. The buses here are actually pretty good. A little walking and riding would probably get me in better shape. What sucks is even after the suspension ends, I will have to pay Iowa $200 and Mass $100 to get the license back. That represents the brakes rotors I need to buy!!! Dammit.

vash · vash's Garage

you need to check. i had my driving privleges removed from me in california. i didnt know (if i knew i wouldnt have given a rat's a$$) because i lived in texas, and had little thoughts of moving back to cal. but i did move back, but the licence was automatically reinstated after the time limit. i went get my new cal license at eh DMV, and nobody said anything. phew i thought i got off scotfree. no! i went to get insurance, the person told me that my record reflects a suspended license and that my driving experience would start over when it was automatically reinstated. i had the experience of a 16 year old driver! my quote was almost 3k per year! holycrappola! i managed to find i person that lied to the computer somehow and it only saw my texas experience, and i paid $1700 per year. i was reamed viciously for 3 years like that lubefree. now after 3 years and driving like a old lady, i have nurse my record back to health. good luck, check with your insurance company first. it may be cheaper in the long run to fight the fight!

RickM · RickM's Garage

Many moons ago I too lost my privilege. Fortunately I was allowed to take a class to waive the suspension. Perhaps that's an option for you.
It may be worth you going to Iowa to speak with the prosecutor or have a local lawyer give a call.

BTW, $1500 sounds very high to me.

B D · 02-13-2004, 03:50 PM

Try to find out if you are really suspended from driving at all. I have heard of people having a suspended license, but were still able to drive to work or school. Then the two months may not be that bad.

Zeke · 02-13-2004, 06:07 PM

Apply for a new license under a different name. The immigrants do it here all the time. "D

singpilot · 02-13-2004, 07:25 PM

I would second the thought that the civil penalty is nothing compared to the insurance penalty.

Call a different insurance company and ask about a policy with your present limits, and the suspended license. Don't give any names, and see what the rates might do.

You might decide that the costs of fighting for a lesser sentence in Iowa are less than the YEARS of increased premiums.