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Lv 6
? asked in Politics & GovernmentLaw & Ethics · 9 years ago

Please explain if this is legal.?

In Kansas my son has a CDL license. He is periodically pulled over for a DOT check and his CDL license is ran. He has no problems. His most recent DOT check was in January 2012.

In summer of 2011 he was pulled over (in his car) and cited for not having proof of insurance. The following day he went as required and showed his proof of insurance that he was indeed insured.

At the end of January he was arrested for having a suspended license. He went to court today. The judge said that he can see that he did show his proof of insurance but the information was not entered correctly into the system. The judge stated that it his his responsibility to check the status of his license every few days. ?? 800 dollar fine for driving with suspended license! I think there was also an illegal lane change or something, failure to signal on entrance ramp in his car.

If he was checked by DOT in January and his license was clear, wouldn't that be sufficient evidence as knowing your license was in good standing (reasonably)

And the juge said that it was a mistake at the court house inputting data that resulted in the suspension but he is still guilty for driving because the result of that mistake made his license suspended and he was supposed to somehow know that.

He had to miss 3 weeks work already because of this, we don't have 800 dollars.

Update:

Edit-the judge said his license had been suspended since Sept of 2011. Since that time my son's license has been regulary checked and passed by both DOT and his employer numerous times.

Update 2:

My son presented his employers license checks as evidence that his drivers license was shown good by the state of Kansas at least in January of this year but the judge disregarded it.

1 Answer

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  • Anonymous
    9 years ago
    Favorite Answer

    You didn't post it in the wrong category, it's just nobody has the balls to tell you the truth.

    -this is about an inept/corrupt law enforcement and judicial system not so different than any other in this nation.

    Yes, showing your proof of insurance should be reasonably seen as enough of a check. What really happened was someone in their office screwed the pooch and they do not want to accept the blame for it.

    IT'S THE SAME EVERYWHERE. I have no respect for either entity and this is the reason why. I've been through the court system a couple of times fighting for what was right. Each time I was slapped down because of extenuating circumstances that relate to the legal system.

    -in fact, I'm the only guy I know who has spent $3,000 fighting an $80 ticket. No kidding. I value the truth more than I value the money. They LIED, I proved it and they wouldn't hear it.

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