In need of a lawyer

[jsharmon7]

For real, guys? Read a few posts back. It has already been covered what he did...

You mean, people are supposed to actually READ others' posts on this site? Most arguments on here are a product of people assuming what the other guy said and then responding with whatever it was they wanted to say anyway. I like your idea though...

 

[indytechnerd]

Smart man,

I had insurance, damage was to my vehicle, and was less than 1000 dollars. The judge won't talk to me.

Who determined the damage amount? From what I've experienced, if you weren't able to provide proof at the scene, then you would have to submit an SR22 after the fact. Now, if you didn't submit the accident to your insurance as a claim (because of a low damage amount), they probably didn't send in your SR22. This lead to the suspension. Where happened to you is that you got stopped during the suspension. This led to the DWS and your current legal headache.

How am I doin' so far?



*I have no personal experience in similar matters.

 

[jedi]

Who determined the damage amount? From what I've experienced, if you weren't able to provide proof at the scene, then you would have to submit an SR22 after the fact. Now, if you didn't submit the accident to your insurance as a claim (because of a low damage amount), they probably didn't send in your SR22. This lead to the suspension. Where happened to you is that you got stopped during the suspension. This led to the DWS and your current legal headache.

How am I doin' so far?



*I have no personal experience in similar matters.

So it's really just one big paperwork misunderstanding then right?
Could the OP just not take the issue to court and show that he did have proof of insurance during the said event which in turn who make the suspension nulled and thus also null the driving while suspended and then also the last incident (minus the speeding part).

Off course this would still mean that as of right now and until the item gets to court the OP would still be under the "no driving privillages" while the matter was resolved right.

 

[Jeremiah]

Who determined the damage amount? From what I've experienced, if you weren't able to provide proof at the scene, then you would have to submit an SR22 after the fact. Now, if you didn't submit the accident to your insurance as a claim (because of a low damage amount), they probably didn't send in your SR22. This lead to the suspension. Where happened to you is that you got stopped during the suspension. This led to the DWS and your current legal headache.

How am I doin' so far?



*I have no personal experience in similar matters.

Spot on and I never received a notice of being suspended. i then provided proof of insurance to the BMV. They reinstated my driving privilages, and told me al was well. I made did ASS/U/ME, after they told me the matter was resolved that everything cleared up, then the day before I thought I had court I called to see if it had been dropped, or if I still had to appear, and if so when. At this point the Clerk told me I missed my appearance with the judge, and that he passed a default judgement against me. This is where my complications really begin. I missed my appearance and he won't talk to me. It seems to be a fairly straightforward and simple matter, that is caused me to lose my license for 90 days. In my mind, and with my intepurtation of the law, I did nothing wrong, except miss a court date for actually being in compliance with the law, and having insurance, and since the damage was under 1000 dollars by my interpurtation of the law I don't have to provide proof of actually having insurance.

https://myweb.in.gov/BMV/mybmvportal/SuspensionReinstatement/ProofOfInsurance.aspx

 

[Jeremiah]

So it's really just one big paperwork misunderstanding then right?
Could the OP just not take the issue to court and show that he did have proof of insurance during the said event which in turn who make the suspension nulled and thus also null the driving while suspended and then also the last incident (minus the speeding part).

Off course this would still mean that as of right now and until the item gets to court the OP would still be under the "no driving privillages" while the matter was resolved right.

The judge will not respond back to me, nor see me personally.

 

[Ashkelon]

1. Here is my two cents coming from 13 years in the practice of law: If there is a situation that warrants hiring of legal counsel whether it be low rate or high dollar - every dollar counts. When seeking a referral ask those you are close and personal friends with not a public internet forum. Not trying to be an arse but when your arse is on the line and you seek a referral - ask someone who will really be there for you in the event things go south. The lawyer they refer you to will be the right choice.

2. Don't buy into advertisements, marketing or other ploys that you will likely receive in the mail.

Hire someone based upon the respect and esteem you have for those that recommended him or her.

 

[Panama]

Dude, seriously you have my sympathy.

BUT, I have had LOTS of tickets in my 40 years behind the wheel, I have NEVER missed a day in court.

Judges "really" do not like to be ignored.

I'm gonna guess this is a lesson you will not forget anytime soon.
You got a court date, don't trust anyone, just be there.

 

[Jeremiah]

Dude, seriously you have my sympathy.

BUT, I have had LOTS of tickets in my 40 years behind the wheel, I have NEVER missed a day in court.

Judges "really" do not like to be ignored.

I'm gonna guess this is a lesson you will not forget anytime soon.
You got a court date, don't trust anyone, just be there.

I had a contractual obligation to be somewhere else that monday, legal trouble is leagal trouble. I did beleive that the matter was resolved, as the BMV lead me to that conclusion.

 

[indytechnerd]

Spot on and I never received a notice of being suspended.

This is not surprising to me. My friend discovered he had been suspended when he received notice from the BMV that his 90 days were up and he was eligible for reinstatement.

i then provided proof of insurance to the BMV. They reinstated my driving privilages, and told me al was well.

Did you go to a reinstatement center, jump through the hoops and give them $150 (or whatever the fee is/was)?

I made did ASS/U/ME, after they told me the matter was resolved that everything cleared up, then the day before I thought I had court I called to see if it had been dropped, or if I still had to appear, and if so when. At this point the Clerk told me I missed my appearance with the judge, and that he passed a default judgement against me. This is where my complications really begin.

Yup, here's where the pile of begins. When you went to the BMV, they fixed your suspension and gave you your license back. It had nothing to do with the DWS. Leading to...

I missed my appearance and he won't talk to me. It seems to be a fairly straightforward and simple matter, that is caused me to lose my license for 90 days. In my mind, and with my intepurtation of the law, I did nothing wrong, except miss a court date for actually being in compliance with the law, and having insurance, and since the damage was under 1000 dollars by my interpurtation of the law I don't have to provide proof of actually having insurance.

https://myweb.in.gov/BMV/mybmvportal/SuspensionReinstatement/ProofOfInsurance.aspx

You got boned because of a whole lot of circumstances smacking into one another at the same time. I feel for you because of that. My advice still stands, minus the talking to the judge. Cowboy up, deal with the additional 90 days, and learn from the experience.

For the record, my friend's story involves getting plowed into on the day his insurance expired. One of his planned stops that day was to stop at the ins. agent and pay. Unfortunately, some douchebag decided to left turn in front of several cars collecting my friend's car in the process. Had this happened a couple hours later, it would have been a non-issue due to the insurance being paid. What did he learn? Pay it early because happens. Incidentally, this was also the first interaction between him and a LEO regarding his carry weapon and LTCH.

 

[Jeremiah]

This is not surprising to me. My friend discovered he had been suspended when he received notice from the BMV that his 90 days were up and he was eligible for reinstatement.Did you go to a reinstatement center, jump through the hoops and give them $150 (or whatever the fee is/was)?Yup, here's where the pile of begins. When you went to the BMV, they fixed your suspension and gave you your license back. It had nothing to do with the DWS. Leading to...

You got boned because of a whole lot of circumstances smacking into one another at the same time. I feel for you because of that. My advice still stands, minus the talking to the judge. Cowboy up, deal with the additional 90 days, and learn from the experience.

For the record, my friend's story involves getting plowed into on the day his insurance expired. One of his planned stops that day was to stop at the ins. agent and pay. Unfortunately, some douchebag decided to left turn in front of several cars collecting my friend's car in the process. Had this happened a couple hours later, it would have been a non-issue due to the insurance being paid. What did he learn? Pay it early because happens. Incidentally, this was also the first interaction between him and a LEO regarding his carry weapon and LTCH.

I still feel I did nothing wrong, If I accept not having a license then I cannot work this summer, and wil have to file banckruptcy. Its been a year since I have worked, work is poping up, and I can't get hired without a license

 

[Wesley929]

They don't have some sort of restricted license that would allow you to drive only to and from work?

 

[Bigum1969]

You mean, people are supposed to actually READ others' posts on this site? Most arguments on here are a product of people assuming what the other guy said and then responding with whatever it was they wanted to say anyway. I like your idea though...

Maybe I just wasn't smart enough to piece together all the cryptic information in bits and pieces.

I'll work on it.

His explanation later in the thread made more sense. Maybe I just got smarter as the thread went on.