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I was cited for driving without an expired operators license, how do I prove in a traffic court that it was indeed valid.

London, KY |

I was pulled over for speeding 26 MPH over. The license I possessed was a 21 and under license that expires in April 2013. I have 90 days after my 21st birthday to renew my license, according to a letter from my court clerk's office and the traffic stop occurred 5 days after my birthday. I am charged with speeding and driving with an expired license, however the state trooper that pulled me over did not issue a ticket, did not take my license, did not search my vehicle but handed me back my license and insurance with a court citation (includes date, time, and location of hearing) and immediately drove off without further encounter.

Some additional information: This is my first time ever being stopped, cited, or ticketed. The same day I renewed my license, as per the reason I was driving that day. I cannot explain these things to the court date listed on my citation? Perhaps these two facts help or am I still running the risk of the 90 day automatic suspension if I were to plead guilty to the speeding charge?

Attorney Answers 2

Posted

Contact a criminal defense attorney in your area to represent you. Speeding 26 over exposes your license to a suspension in addition to fines, court costs and points on your license. Go get a valid drivers license as soon as you can. The attorney will try to get the speeding charge amended and explain that you had a valid license at the time of the citation, if in fact it was valid. Have counsel review and advise.

I am trying to give you a general answer to your question. We do not have an attorney-client relationship by this response on the avvo website. I have not been retained to represent you. I am licensed to practice law in Kentucky and in federal court in this state and the Southern District of Indiana. You need to seek legal advice from an attorney licensed to practice in your area..

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Asker

Posted

Some additional information: This is my first time ever being stopped, cited, or ticketed. The same day I renewed my license, as per the reason I was driving that day. I cannot explain these things to the court date listed on my citation? Perhaps these two facts help or am I still running the risk of the 90 day automatic suspension if I were to plead guilty to the speeding charge?

Frank Mascagni III

Frank Mascagni III

Posted

You should not plead to 26 over. Get an attorney.

Posted

Doesn't sound like you need to worry about the expired license issue since you were able to renew it no problem. Your big problem is the speeding citation for 26 mph over. That's why you're looking at a potential 90 day suspension. Speeding 16 mph or more but less than 26 mph carries a 6 point penalty but no suspension. You should know that Kentucky counties are very localized in how they handle traffic court citations. Some counties will not agree to budge at all on a traffic citation. Others will consider amending to a lesser charge, particularly if you engage the assistance of a local lawyer. You need to contact one of the many fine lawyers there in Laurel County and see if you can find one to help you out. One of the best ways to find one is to simply go by traffic court one day (preferably before your hearing date) and pick out one who seems to know what he or she is going and ask them what they can do to help you out. Good luck.

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