Road Law
A game plan to unravel the damage

By Jeff McConnell & James Mennella, Attorneys at law

In this issue of Road Law we discuss two recent client scenarios that together worked our collective minds to their fullest. Both individuals had numerous outstanding or paid violations, a bench warrant, and the Department of Motor Vehicles ready to take their licenses. Whether a stroke of genius or pure luck, both individuals still have their full operating privileges much to the dismay of several court clerks and the head hearing officer at the DMV.

So, although your ticket may charge you with a simple, non-moving violation, you may want to go ahead and fight it. If you’re successful with your ticket in court, you’ll have a much better chance to remove or reduce any points you got from the inspection report.

Q. I received a letter from the Department of Motor Vehicles that my license was going to be suspended. Can you help me?

A. We certainly can try to assist with your problem; however, we need to know the specifics of your problem. In this type of situation, we need to see the letter of suspension/disqualification, a copy of your Motor Vehicle Record (MVR), and copies of the tickets that you received.

Once we analyze the problem, we can formulate a game plan to unravel the damage that has occurred, or is about to occur, to your driving record and livelihood.

Q. Well, I have several driving-under-suspension tickets and a warrant out for my arrest for failure to appear. Will this take long to fix?

A. It depends. If the underlying cause of your suspension is corrected and we can show proof of a reinstated/valid license, then the odds are better that we can have the violation dismissed or amended.

If the license cannot be reinstated before the upcoming or a continued court date ,then we are going to have a difficult time preventing bad things from happening to your driving privileges.

A bench warrant is a different issue and many times can be withdrawn with the posting of a cash bond to reset your case.

Other times, it requires an appearance before the court to explain and or “show cause” as to why you failed to appear.

Q. I received a citation for speeding and failure to show proof of insurance. I wasn’t able to make my court date, and now my license is going to be suspended for failing to comply and also for not having insurance. Can you help?

A. Yes. In these scenarios, when you have what we refer to as “fix-it” tickets, it is vital that you provide proof that you in fact had valid liability insurance at the time of the stop. Generally, supplying this information in a timely fashion will dismiss the charge.

Q. That’s good to know. Unfortunately, when I blew off my earlier case, I continued to drive, and I have two other tickets for driving under suspension that I went ahead and paid. The Department of Motor Vehicles is going to suspend my license for these convictions. Can you prevent me from getting suspended?

A. Maybe. If you had submitted proof of a valid license prior to the court date, the charges should have been able to be dismissed and or amended to non-suspending violations. Since the violations have already been paid, the only option we have is to petition the court for post conviction relief. There is no guarantee that the court will grant our request or that we can salvage your case at this point. LL

Send any questions or comments regarding transportation law to: Jeff McConnell and James Mennella, Road Law, 3441 W. Memorial, Suite 4, Oklahoma City, OK 73134; call 405-242-2030, fax 888-588-8983, or email roadlaw@att.net.

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.