how difficult is it to take the dept of transportation to court when reinstatement of license has been denied?
395788
It is expensive and difficult to take any government entity "to court."  You are also not very likely to draw much sympaty being that you lost your license for DUI.\n\nCall around to some attorneys.  You probably want to try some who handle DUI cases.  They know the system better for what you need.  You will have better luck with a less reputable attorney, as they will take a broader range of cases than a more sucessful atty with a specialized practice.
980652
It depends on the state you live in. In some states, it is possible to hire an attorney and petition the court for an Occupational Driver's License. An occupational driver's license restricts the number of hours and routes that a person may drive until their regular license can be reinstated. I am not sure how it may work in your state.
1156193
No lo contendre means that you are not contesting the ticket and will be penalized as though you have plead guilty, although you are not admitting guilt.  The only way to fight is to enter a plea of not guilty.  Your best bet is to consult with an attorney, because the prosecution most likely has a better understanding of court rules, statutes, and case law by which you are being prosecuted than you do.  The judge in your case will be willing to grant you a continuance in order for you to have time to consult with an attorney because (assuming you are in the U.S.) you have the Constitutional right to assistance of counsel.  Remember to NEVER ADMIT ANYTHING to the police, the D.A. or the judge in this case without having your attorney present, and only with his advising you to do so.  Good luck!
805720
You can't postpone a traffic violation. You can have it reset, but that consists of you showing up for the original court date and requesting it. I'm am unsure of the laws in NY and on if you can do it yourself or if you need to obtain a lawyer to do it for you. Good luck.
138493
No.  It will not be dismissed.  You go to court on Tuesday morning and get it sorted out.  If you don't, the court could suspend your driver's license for failure to appear.  When you are in court, you can ask the judge to dismiss the ticket.
971366
You have my sympathy, you can appeal the refusal, but bear in mind that there is alot of negative press at the moment due to the goverments under estimation of immigrants they would allow. Go talk to the CAB, they will be able to point you in the right direction.\nJo
323223
The government (in this case, the cop who wrote the ticket), always has the burden of proving their case (that *you* ran a red light).  You can show up for court and say nothing, if you like.  \n\nIf, after the cop testifies, you choose to speak, you can.  I'm assuming the cop has his/her reasons for thinking it was you driving, and I'd be willing to bet you contributed greatly to those reasons (switch seats with someone, did you?).\n\nNo, you (probably) don't have to say who the driver was.  The government has to prove that you were the driver and you are allowed to challenge that if you want to try, but it's still the government's burden to prove their case.  However, if you just show up and tell the judge "it wasn't me," you're not likely going to get very far.\n\nEDIT 4.19.06:\n\nSo you've answered your own question, haven't you?  The notice says you may (not must) say who the driver really was.\n\n???
460304
I found this information by going to the website below:\n\n"If you wish to request a change in the trial date, you must write the court before your trial date with an explanation of the circumstances that require the change. Your request is not automatically granted; it is up to a judge to determine whether to change your trial date.\n\n"If you do not pay your citation, it is extremely important that you appear in court on your trial.\n\n"If you fail to appear for trial, the MVA will be notified and will take action to suspend your license. Driving on a suspended license is a criminal offense for which you can receive jail time."\n\n\nThere are two kinds of traffic offenses, "payable" and "must appear". If you committed the first kind of offense, you can always choose to pay the fine, but you'll lose the opportunity to get your day in court or to apply for a PBJ (Probation Before Judgment) under which you pay the fine but avoid getting points for a first-time violation.\n\nIf you committed a "must appear" offense, that's pretty self-explanatory. You can request a new court date, the sooner the better, and hope that your request is granted. \n\nHope that helps.
125392
What town do you live in? Last I checked, the state will write you a letter telling you that your license is being suspended and where to go (Most times you have to go to the DMV) to appeal such a decision. There had to have been a legitimate reason for the license to be suspended.
314453
Your best bet is to "plea it down".  If you contact the solicitor's office that is prosecuting the ticket, you may be able to exchange a guilty plea for a reduced fine.\n\nReally this should be done by a lawyer.  A lawyer who specializes in such cases will know who to call, what to ask for and will likely even know the attorney who is responsible for prosecuting your ticket.\n\nI, personally, wouldn't even try to fight it without an attorney, but good luck to you if you do.
115153
Your opinion is noted, but your state must have passed a law to get folks to pay their debts, and allow the DMV to deny you a licence.  If it is child support or a government debt, you just need to pay up.  If you don't like it, write your state representative and senator.
915838
It varies a little in procedure by the reason the license was suspended and also state/local rules.  \n\nIf it was suspended as a part of a sentence for a motor vehicle crime then you must complete the mandatory suspension time.  You may also have other sentencing obligations, too.  These must be completed also (i.e. fines, classes, drug/alcohol testing, etc.).  \n\nIf it was suspended for non-payment of fines, fees, etc. for non-motor vehicle crimes you must complete all the sentencing requirements such as listed above.  Until then the suspension stays. \n\nWhen all obligations are met you then get a release from the court stating that.  Next step is department of motor vehicles, pay the reinstatement fee, apply for license and possibly a proof of financial responsibility (about $50.00 more).  \n\nAnd that's the overall process excluding a few local rules.  Good luck.
626870
Check with the Bar Association's Attorney Referral service for an attorney that handles DMV cases. Explain to the Bar the circumstances surrounding the pending suspension, leave nothing out, even if you are guilty. The more information that the attorney, the better he/she will be able to represent you.
1023926
Yes. That's what the appeal process is for. You appeal it to the County Court of Appeals in the county where the violation occurred. There should be instructions on the back of your copy explaining what to do. Usually, you have to file the appeal within a certain time period after the finding of the lower court. The county court of appeals is the final court on a traffic violation, but often easy to have overturned for numerous reasons. If the officer fails to show up and they try to reschedule your appearance, object to the prosecuting attorney, if he/she is not cooperative, ask to speak to the judge. Usually it will be automatically reversed and dismissed. If you have an attorney, he can examine the ticket and details of the incident      and suggest a defense. If you are defending yourself and have  any evidence, e.g.- picture of obscured stop sign, witness, etc, you can introduce that evidence and essentially have a new trial. If you are guilty and have no real defense, plead "no contest' if the officer shows up. Its the same as a guilty plea, but does not indicate that you admit guilt. You also will have chance to explain circumstances to the judge. In Texas, the fine is usually cut in half and sometimes dismissed if you attend defensive driving school. Call the court that heard your case and ask about process to file the appeal. You may have to post the amount of the fine as bond and sometimes more, which will be reimbursed upon   the appeal trial.
539183
Did they take your licence for not having insurance and perhaps not paying for the damage.\n\nIf your licence was suspended for not paying damage, you can't get it untill the court says you can, normally untill you pay for the damage or have a payment plan in place.\n\nIf you were suspended for not having insurnace, again, until the court oks you ( normally it would be a certain time the judge would have said at trial)\n\nSo there is really not enough information given for a good answer.
804031
go to dmv they will have the cope on file...everybody makes mistakes
496807
1) Habitual traffic violations. A person who receives 4 or more moving violations in a period of 12 months, or 7 or more moving violations in a period of 24 months, is subject to having their license suspended. Texas Transportation Code 521.292, 37 Texas Administrative Code 15.82.\n\nhttp://info.sos.state.tx.us/pls/pub/readtac$ext.TacPage?sl=R&app=9&p_dir=&p_rloc=&p_tloc=&p_ploc=&pg=1&p_tac=&ti=37&pt=1&ch=15&rl=82\n\nReinstatement requirements\n\nA reinstatement fee will be required prior to the renewal/issuance of a driver license.  According to the website, the reinstatement fee for you will be $100:  \nhttp://www.txdps.state.tx.us/administration/driver_licensing_control/pages/dlfees.htm