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Fraudulent Tickets / Convictions

Posted by: euser
August 08, 2006
Topic: Traffic

An interesting bit of legislation passed with relatively no notice in the North Carolina House.  Although there may be concerns over racial profiling and police stops, it does pose an interesting opportunity to fix a legal DMV headache for some people. 

All too often we see clients in court, or jail for that matter, who have terrible problems with their driver's license.  One might be shocked to find out that a cousin or other alleged friend has used their name to avoid a ticket.  It happens with surprising frequency. 

That same friend sometimes never pays the ticket. . .or even worse, they mail in payment, which is an admission of guilt.  If the ticket never gets paid, a Notice of Revocation or Suspension gets issued by the North Carolina Department of Transportation / Division of Motor Vehicles and the problems only become worse. 
Over the years we have helped people who have had ticket after ticket on their record.  The only problem is, THEY WEREN'T DRIVING.  We encourage clients to NOT pay off old citations. . .as that can make a bad situation worse.  Despite what people are sometimes told when calling DMV, paying off old citations can result in additional periods of revocation or suspension.

There is another legal method to remove "guilty" pleas to citations that were entered by fraud or error.  It is called a Motion for Appropriate Relief.  The Court reviews the facts behind the plea and makes a determination as to whether it is fair to have it shown as a conviction.  It some cases, with VERY GOOD DOCUMENTATION, cases can be wiped from the record. 

It certainly would make it easier to prove you weren't driving if the police had a photograph.  It appears the only time they would take a picture is if the person failed to produce a license or some form of photo identification.
Here are some handy tips:

• If you receive a Notice of Suspension or Revocation, it is not necessarily the end of the world.  DMV normally provides a substantial (think months) grace period to fix any problem.
• DO NOT IGNORE letters from DMV.  As stated, ignoring a problem can make it worse.
• Talk to an experienced attorney if your license is revoked. . .especially if you believe there outstanding tickets or citations or "e-citations."
• DO NOT PAY OFF old tickets, until you are certain it will not cause an additional period of revocation or suspension.
• "Revoked" and "suspended" are the same thing.
• DMV can "revoke" or "suspend" your license or ability to drive in the State of North Carolina, even if you never had a valid license.
• North Carolina DMV shares information with other states under a Nationwide "Interstate Compact."  (45 states participate)  The Interstate Driver's License Compact is an agreement between the 45 participating states to share information regarding certain types of convictions, including Drunk Driving (DUI and DWI) convictions.
• If you fail to handle a ticket (moving violation) in North Carolina, DMV normally will put a "hold" on your license and report it back to your home state.  SOMETIMES THIS TAKES YEARS. 
• Many states will require a "clearance letter" before reissuing a license.
• Some Insurance Companies will drop coverage for a "suspension" or "revocation."

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