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Seek's avatar

What do we have to do to get hubby's driver's license back?

Asked by Seek (30171 points ) March 30th, 2010

My husband had a DUI last year. he was in his own driveway, the car was stopped, off, and locked… but the cops decided to invent a “traffic stop” ticket that was eventually thrown out of court. He was never asked to present proof of insurance at the bullsh*t arrest traffic stop, nor later on at court. We did have valid insurance at the time.

He’s gone through all the hoops necessary with the DUI conviction, signed up for traffic school and counseling, paid off all his fines, waited until the mandatory suspension time was over…

Yesterday we went to get his license back. All of a sudden, there’s another suspension on his license! Something about insurance. There is no contact information on the DMV printout, no phone number, no reason given for the suspension. The DMV can’t explain what it is, and the traffic court can’t explain what it is.

The date on the suspension matches up with the date our insurance was to be renewed (October 16th). We paid Geico, and all was well, so we thought. Later on, we get a notice in the mail that our insurance was being cancelled (effective March 13th) because his license is suspended.

Now, if he can’t have insurance because he doesn’t have a license, and he can’t get a license if he doesn’t have insurance, what the frak are we supposed to do to make Big Brother happy?

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28 Answers

jfos's avatar

Firebomb the DMV. Or consult a lawyer.

lfino's avatar

Yep, I think it’s time for a lawyer. Ask around. There’s always somebody who knows one, or has had one, and that way you won’t just have to pick one out of the phone book.

Since DUI insinuates driving, and he was sitting still in his driveway, how did this ticket happen? Was the cop following him before he got to the driveway?

DarkScribe's avatar

In some places – here in Australia for instance, simply being in a vehicle and having the keys in your possession is all that is required for a conviction. People have been booked after being found sleeping in the back seat. You have to leave your keys with someone if you want to be sure of not being booked. (Most Police wouldn’t do it if that’s all it was -p sleeping it off.)

trailsillustrated's avatar

call the main dmv office- on the website in your state. Call the general or some cheap insurance place, get an sr22 or whatever it is you have to get, then take the policy with you to the dmv and get a reinstatement.

Seek's avatar

We had a lawyer for the DUI.

The short version is a woman tailgated him 15 miles home from the bar, at 6 in the morning. He had a few drinks the night before, and the owner asked him to sleep it off before driving home (they’re good friends). He did. So, this chick turns out to be an off-duty deputy with too much time on her hands, and she called her boyfriend and his buddy to catch this seasoned criminal who is obviously a public safety hazard on Father’s Day morning with no one else on the road.

The real cops showed up at our house as my husband was coming up the steps to the front door.

They invented an “improper lane usage” ticket so they could call it a traffic stop. Funny thing is, at court they had to change it to “Improper passing”, because it makes more sense to improperly pass on an empty road, than it does to improperly use a lane when you’re on a one-lane private road. Either way, the ticket was thrown out, but because of Florida DMV, the DUI had to stand.

Anyway, all that’s taken care of now, supposedly all that’s left is to get his license back, but now there’s a magical new suspension on his license, and no one knows what the hell it is.

The DMV says it’s an insurance issue, insurance doesn’t know anything about it, and the Court says talk to the DMV about it. Yay, fun!

trailsillustrated's avatar

sounds like he got dropped by geico, they audit often, just get new insurance and go back to the dmv they’ll reinstate

Seek's avatar

He can’t get new insurance because his license is suspended, but it’s suspended because he doesn’t have insurance which is why his license is suspended because he doesn’t have insurance…. /explodes

bobloblaw's avatar

Not sure what state you’re in, but you’ll need to shop around for a non-standard insurance carrier that’ll accept someone that is unlicensed. Maybe even a state assigned risk program. Find an insurance broker (as opposed to an agent). They’ll be able to shop around for the product you need.

trailsillustrated's avatar

I dunno but sounds like you need to just talk to risk insurance agency- they know a licence is suspended until proof of an sr22 or whatever your state requires is met- then you take it to the dmv-

Seek's avatar

Here’s the big question:

Geico kept taking our money. His license was suspended in June, the final court date was in August, the insurance suspension took place in October, and they took money from us until MARCH. That’s over $700 worth of money we paid to a company that had already dropped him? Would they not owe us that money back?

Captain_Fantasy's avatar

Maybe the insurance policy was canceled.

trailsillustrated's avatar

they would owe you . call them and talk to a rep- they’ll probably cut you a cheque.

Judi's avatar

Sorry, wrote the following before reading all the posts. I’m on an iPhone and can’t edit past the first lines. I don’t know what state you live in, but I think you need to bring in proof that he is insured when getting a license back after a DUI. Speak with your agent to be sure. I know it’s usually more expensive after a DUI

tinyfaery's avatar

Lawyer.

galileogirl's avatar

First of all, why can’t YOU get insurance? If you add him on as an additional driver after he gets his license, expect a big bump in the premium or maybe a cancellation, then you get assigned risk for the liability
Second, never downplay the fact that your husband was driving drunk. You know he had done it before and it was just by the grace of God that he didn’t cause an accident.
Once the car is insured, there should be no problem getting the new licence.

As for thr Geico premium, when car insurance is cancelled half way through the year, they don’t have to return half the premium. They load the payment at the beginning of the term. Check that teeny tiny print in light ink in the middle of your policy.

One more thing, if you put the insurance in your name you might have to put the car in your name, too. Then then if he has an accident and someone is hurt or killed, you might find they come after your separate assets and bankrupt you.

Seek's avatar

Jesus H. Christ.

Can I explain it any clearer? I’m covered. Geico dropped us in March. I moved on to a new insurance company, and he’s currently an excluded driver.

We’re trying to figure out where this suspension in October came from. If Geico dropped him in October, why the hell was Geico begging us for money all the way up until March?

In Florida, the insurance is set up to cover the drivers as well as the cars. I can’t insure Jason’s car with him as an excluded driver. He can’t be covered until he has a valid license. He can’t get a valid license until we figure out how to take care of the October 16th suspension.

Forgive me, I’ve been trying all friggin day to get ahold of the Tax Collector’s main office in Tallahassee and figure out what to do. I can’t get through. Probably a shit-ton of other Pasco County Sheriff’s victims wondering the same thing.

trailsillustrated's avatar

sorry you are having so much trouble, I feel for you. Hope it’ll be ok.

faye's avatar

Did they breathalyze your husband at your house? In Alberta you never stop paying driving insurance even if your car is in your mind or you go back to new driver status and costs!

YARNLADY's avatar

I’m so sorry to read about your dilemma, it is certainly very frustrating. My suggestion is to contact your local TV station consumer protection/action department and ask if they can help. When you get the media involved, that often helps. You might also try your local congress person. Talk to an aide in their office and ask for some tips and ideas.

davidbetterman's avatar

Wow!!! This surely sucks.

It is obvious here that the entire universe is conspiring to teach your husband a major lesson. Too bad you have to take some of the heat, too.

You will need to keep plugging away at both the DMV and the insurance carrier.

Was your husband drunk? Did they make him blow in the breathalyzer? What were his numbers?

galileogirl's avatar

Jesus, Mary and Joseph, back atcha! Didn’t you see my reference to assigned risk?

Here is a site for quotes for assigned risk insurance in Florida.
http://www.easierautoinsurance.com/welcome?id=640941001&creativeid=3729866177

Now that I think this through, I can’t believe you have to have car insurance to get a license. It is possible to have a driver’s license w/o owning a car. I have done it 3 times in my life. You are missing something. Get the license. Then get the insurance. Does the car have a lienholder? I am sure they will be glad to set you up with some very expensive comp and collision insurance. The assigned risk insurance is very expensive liability insurance. When you get the bill you may want to remind him to drink nothing without a designated driver and “sleeping it off” doesn’t clear the alcohol from the system, it just reduces it.

I hope he isn’t driving w/o license and insurance just a little bit. He could end u in jail.

MissA's avatar

If you sign up for high risk insurance, your premiums will be outrageous. If he truly is in the right, see a lawyer and quit worrying so. They will give you your best option. No need to make yourself sick over this. It’s awful…TERrible. So, find the best solution…using someone who KNOWs. My best to you.

Seek's avatar

So, my hubby just finished up his DUI classes, and we realised something we hadn’t before.

My husband has asthma. They made him blow over 20 times, which caused him to have an attack and have to use his inhaler. It wasn’t until he used it that he blew the .16

it was the alcohol in the inhaler that caused the breathalyzer to go over

This whole thing is a crock. I knew he wasn’t drunk.

We are very likely to lose our house and our car and still be in debt to the system, all because the goddamn cops pulled some seriously illegal shite to get him arrested.

And now, there’s nothing we can do about it.

God fucking bless america.

tinyfaery's avatar

At least you are white and don’t live in Arizona. ;)

YARNLADY's avatar

@Seek_Kolinahr You should talk to a lawyer about filing a wrongful charge, and sue them. Complaining to us may be cathartic, but won’t punish the bad cops.

Seek's avatar

We did. Can’t be done, as the case has already gone to court and been ruled upon.

Just, for future reference, everyone – if you’re asthmatic, you’ll be better off passing out from oxygen deprivation than using your inhaler at a traffic stop.

YARNLADY's avatar

@Seek_Kolinahr Sorry – complain away, and thanks for the tip – it pays to realize that the police can take anything the least bit out of the ordinary and come down on you

fgsrgwrgerr's avatar

The REAL answer is- You should sue GIECO. But if you don’t want to wast more time(a year or two in court) not being allowed to drive You Must pay the fine (for not having insurance).
PS Once u pay you can’t sue. And GIECO is the WORST insurance company ever. And the DMV or MVA stinks to high heaven. And the US government is screwing you. But hey it’s the system – and therein the problem. I wish u all the luck because like so many of us you are being cheated by Uncle Sam. And Obama’s administration is the Worst ever—-best of luck Aaron Jefferson Sochacewski

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