What do I do if my license is suspended for FTA and “driving record” for something I didn’t do?

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I was plugging in my phone to use the hands free in my car and a cop pulled me over, didn’t listen to me, charged me with texting while driving, and gave me a citation with no fine, just a court date. I ended up in the hospital three times between being pulled over and the court date, the most recent time being about 36 hours before I was supposed to appear for court. Consequently, I forgot about the court date and got a verdict of guilty as they had the trial in absentia. The judge ended up suspending my license, active now, for a month for my driving record (been pulled over 5 times before this occurrence, but only ever given one ticket) and indefinitely for FTA, active next month. I got a fine for texting while driving, and have to pay to get my license reinstated once the active suspension is up, and I’m assuming to get it reinstated again once the next suspension is active. I’m a full time college student and cannot afford to pay any of this, so what am I supposed to do? And how do I get the charge removed from my record if possible? (I have my phone records showing I was not on my phone at all around the time I was stopped, as well as proof of my hospitalizations.)

Attorney Answers

2
Larry Couture ·
Your options are to do nothing, which you don't want to do. You can file a motion to reconsider and explain why you missed the court date and never bothered to call or handle the situation until you got the notice of suspension. At that hearing you can explain your circumstances and see if the court will do anything about any of it except remove the warrant. In most states it is against the law to use your phone for any purpose while you are driving. So setting it up for anything and driving at the same time is an offense. So, if your State is like most others, the likelihood is the court will amend the ticket to "using your cell phone" instead of "texting" with your cell phone. Either way you have an issue.
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Michael Judge ·
In Rhode Island you would file a Motion to Vacate. This must be done at the Traffic Tribunal. You can do it on your own or with an attorney. You should at least talk to an experienced Rhode Island Traffic Ticket Attorney. Most Attorneys who handle this type of matter would provide you with a free consultation.
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