Thread: ATTN: IM Legal Team

Hey guys, been awhile.

I got a suspended license ticket a month or so ago and I'm trying to figure out the best way to go about handling it.

I got a ticket probably about 7 months ago for failing to obey a street sign (the cops nice way of not writing me a speeding ticket, the "street sign" was the speed limit sign), and at my age (19) and in my state, Virginia, I have to pay a fine and take an 8 hour driving class within 3 months.

So fast forward to a month ago, I get pulled over b/c one of my lights is out. All I get is a warning, and the cop is just running my license to make sure everything's kosher, and when he runs it comes out suspended, a surprise for the both of us. Turns out I took the class ONE DAY late. Obviously my fault, but still it sucks.

To further complicate things, I took the 8 hour class over 2 days, in 4 hour blocks. I actually took the first block within the 3 month period, on the last day, but didn't finish the second until the next day. I did pay the fine on time though.

I had one of my parents ask their lawyer about his opinion, and he wrote:

" I don't think he needs an attorney. One, he
apparently never got official notice of his
suspension (That's true, I received a notice saying I needed to take class before 3 months was up, but never a notice saying my license was suspended), he completed his class and he has his
license now(I went to the DMV the next day and payed the 135 to get it reinstated). He'll just have to show his license to
the court and the judge will probably dismiss the case
rather than reducing it.

Under the code, conviction for driving on
suspended license is mandatory jail time, so judges
don't like to find people guilty of this unless it is
a suspension imposed by the court for something like a
DWI and the person knows he is suspended but drives
anyway."

I've only gotten a couple tickets in the past 3 years, and no accidents. My question is, when I go into the courtroom, am I pleading innocent, in order to try and get it dropped to something else? Or do I plead guilty, b/c it was suspended, and then the judge will see the facts stated above? Anything else to try and get it lowered or dropped?

Long post, but thanks

Andy

You won't be pleading innocent. You'll be pleading not guilty, guilty, or nolo contendre. There is no plea of innocent.

Most crimes are at least "general intent" crimes, meaning that you have to know that you are doing it. If an item falls into your pocket in a store and you aren't aware of it, it isn't shop lifting.

Some crimes are "strict liability," for instance statutory rape. You don't have to know you are doing it, the act alone is enough. It doesn't matter if she had grey hair and was buying you shots at the bar, if she's under the age of majority and you penetrated her, you are guilty.

Whether you are guilty or not guilty will depend on whether driving with a suspended license in your state is a strict liability offense or a general intent offense. You might call up the local public defender and simply ask them what the required intent is for driving with suspended license in your state.