my son was pulled over for traffic infraction and they said his license was suspended we did not know, we had paid the ticket online to the wrong court, and never got notice that we paid the wrong court, we moved and did not update his address so we never got any notification. We have since paid the outstanding ticket to the correct court, but now we have to go to court for driving on a suspended license and we are not sure what to plea or how to get the judge to hear us out? we do have the receipt showing we paid the original ticket in a timely manner to the wrong court.
Thank you for any advice.
Alexander F SavojniCriminal Defense AttorneySeattle, WA ·
Sounds like your son is facing a "driving while license suspended 3rd degree" charge. This is a misdemeanor, which means the maximum penalty is 90 days in jail and a $1,000 fine. However, it is unlikely that he will get any jail time unless he has a history of driving on a suspended license. A criminal conviction probably can be avoided as well if he doesn't have a criminal history.
He will want to enter a plea of not guilty. Whenever being charged with a crime, even one as minor as this, I recommend having an attorney. He can either have a public defender if he qualifies or he can hire a private attorney. The attorney should be the individual speaking to the court and prosecutor. Remember, anything said by your son can be used against him. Whatever attorney rout he goes, make sure his license is now valid. That will make things go a lot more smoothly for him and will make it more likely that a favorable resolution without a criminal conviction can be attained.
When you get to the court room, ask to speak with the public defender who will be there. Never speak about the facts of the case to the prosecutor or the judge. Give the public defender your name and explain why you're there. 99% of the time, these types of charges will get resolved with an amendment from a criminal charge to a traffic infraction at the first hearing if your son has had his license reinstated.
There is no defense that you paid the wrong court or did not receive notice. DOL is required to send notice to the address it has on file, but you're not required to actually receive it. Sounds like you moved without updating your address.
This is technically a criminal charge, so I've changed the practice area from speeding ticket to criminal defense.
Lennard Anthony NahajskiCriminal Defense AttorneyBellevue, WA ·
The first thing you need to know is that this is not an infraction, but a criminal offense that not only carries up to 90 days in jail and a $1,000 fine, in addition to having a permanent conviction on his criminal record. You need to consult with an experienced criminal defense attorney right away, but the first thing that your son needs to do is not just pay off the outstanding ticket, but make sure that his license is valid.
You son should plead not guilty and he needs to get an attorney. If he is not eligible for a court appointed attorney he should hire one. Then might be able to get the charges reduced or maybe, if you re very luck, dismissed. Always keep the DOL advised of your current address. Always, always, always.
Good luck.
You could get an attorney to help, but you may be able to resolve this with the prosecutor yourself. First, pay the ticket in the correct court and get your license reinstated completely with the Department of Licensing. Then collect paperwork from both courts (mistake court and correct court). Go to your arraignment and prior to the hearing speak with the prosecutor and show them the paperwork. Ask them if they are willing to dismiss now that you're reinstated. Assuming you have little criminal history or none, they may. They may also offer a reduction to a traffic infraction. A mistake in getting your license suspended likely won't be a full defense at trial, but many prosecutors will dismiss this charge upon getting a license. Especially under these circumstances. Good luck.
