Thursday, July 29, 2010

I need quick legal advice? Please..?

Please Read all the details before posting:


-The other day I was charged with driving with a suspended license for financial responsibility reasons (I was pulled over for having a non functioning tail light). I later found out that the financial responsibility was not supplying the Secretary of State with the SR-22 form. Now, I requested for the form to be sent by my insurance company (I have proof that they charged me for the form which is $95), but they never sent it because of an ';administrative error';. I trusted in them and believed that they had sent it, and now I am very upset and afraid of what could happen since it is classified as Class A misdemeanor for driving with a suspended license. I have proof that I am insured and have been insured. My question is what are the chances of having the charges dismissed with a good lawyer?I need quick legal advice? Please..?
A good lawyer can get this dismissed, if I have your facts correct.





You paid your insurance company for form SR 22.





Your insurance company failed to provide it to the state.





Your license was suspended for this reason.





You had no knowledge of the suspension prior to the stop.





If all of those are true, a good lawyer can get it thrown out. You might be able to do this yourself, but some prosecutors will not return Defendants' calls (there's a lot of them) and make you wait until the court date.I need quick legal advice? Please..?
I think that you should be okay if the insurance company is willing to admit their error, and help you get your license back, see if the company can get your license reinstated retroactively. If the only issue was clerical on the insurance companies admitted fault, it should be pretty easy to get this minor problem taken care of without worrying too much
Slim. If your license was suspended, then In addition filing the SR 22 you were also required to apply to have the license reinstated. Had you done that you would have learned that it had not been filed. Thus any judge would conclude that your story about the insurance company being to blame is nonsense. On the other hand if your license was never suspended and you had to file a sr22 for some completely other reason, then you have a shot.
I think you have a good case. Get a lawyer immediately! Look in the phone book for a criminal defense attorney. A drunk driving attorney would be good since they deal with traffic violations all the time. Interview two or three to find the best one. (They usually give you a free phone call or interview to lay out your case.)





If you can't afford one, use the free court appointed attorney.
If you have proof you paid for a SR22, get a lawyer or go talk to the DA. Show him the proof, but don't Give it to him. Only a copy if requested.
You won't need a good lawyer, you show proof you were insured with an SR-22 at the time, the charges should be dropped.

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