Road Law – July 2021
Call it procrastination, denial or just ignoring it, but there are many problems that arise when you fail to appear in court or fail to comply with your traffic citation. In this edition of Road Law, we will take a look at several issues when a driver has failed to respond to a ticket and the court has issued a bench warrant or license suspension/hold and the driver can’t renew his or her license.
Q: I received a ticket several years ago and never appeared for my court date. The court sent me a notice, but I never responded. I recently tried to renew my license and the department of motor vehicles said I can’t renew because there is a hold on my license for an unpaid ticket. My license was never suspended in my licensing state, so how can another state prevent me from renewing?
A: The Driver License Compact, Non-Resident Violator Compact and similar agreements allow states to communicate with each other about not only convictions but also about noncompliance issues. Not every state participates to the same degree, but in your case your licensing state had a record of the noncompliance. However, they did not suspend your license for the noncompliance. Many other states will suspend your license if you don’t resolve the out-of-state matter within a certain time frame.
The downside to being administratively suspended is that the word “suspended” will appear on your motor vehicle record.
In your case, however, you only have a hold so if you clear the citation there should be no entry other than a conviction if you pay the ticket.
Q: I had a citation that I didn’t resolve, and I received a notice from the court that there is a license suspension and warrant outstanding. Will I need to appear to fix this?
A: It depends on what court you are dealing with. In some states, you can just pay the amounts due to the court and the warrant or suspension will be recalled. However, there are other places that will require a personal appearance by you and that you be processed through the jail before an appearance before the court. Yes, this may still be required even if you have a lawyer.
Q: I paid all of the outstanding money due on a traffic ticket case and confirmed that my case is closed at the court. The clerk also confirmed that she sent notice to the DMV to recall my driver license suspension, but I still can’t renew my license because of a hold. What do I do?
A: This is a very common problem that many are not aware of.
If your license is suspended because of noncompliance, there are up to two reinstatement fees that will need to be paid.
If your license was only suspended in the state where you received the ticket, you will need to pay the fee to that state in order to clear the suspension and remove the hold that is preventing you from renewing. If your licensing state also suspended your license for the out-of-state ticket, then you will need to pay a reinstatement to them as well. If your license was revoked or has expired during this time period, you may need to retest as well, so it can make the process even more onerous if you procrastinate too long. LL
This column is the opinion of the writer and does not necessarily reflect the opinions of Land Line Magazine or its publisher. Please remember everyone’s legal situation is different. Consult with an attorney for specific advice on your situation.