My son can't get his driver's license reinstated because of a judgement.

[aaengel]

How far does he live from work? Check to see if perhaps he can get a moped and legally drive it (Under 50 CC). If the job is only a few miles away, and you have good sidewalks, he could walk, or ride a bicycle as well....

If he can't get it discharged in bankruptcy, could you perhaps help him to get it paid off?

As for the moped idea, back in the 60's and 70's I had a great uncle who lost his license.... but he was legally allowed to drive a moped... thus he used a moped to get to work. This was in Michigan... check into it for Ohio.

[OhioFiler]

This is bad advice. Plain and simple.

Yeah. Better to not support one's family. Stay home and play Madden 2012 instead!

Life is full of risks. I'd bet 90% of folks with suspended licenses drive. It's all about driving carefully if you want to avoid the law. If you read the law as it pertains to Ohio the first offense is nothing more than the equivalent of a speeding ticket.

[DaisysMom]

Several years ago my daughter got a traffic ticket. She neglected to pay it and her license was suspended. She didn't know it because she had moved several times and never rec'd the suspension notice. Well she then proceeded to get another ticket about a year later and that is when she found out that she didn't have a license. She was cited for driving under suspension, lost her already lost license again, received a sizable fine and had to purchase a very expensive special insurance policy in order to get permission to apply for a license again. She then needed to get documentation from Columbus that all the the conditions had been met before she could drive again. It was a nightmare and yes...we live in Ohio.

So I do not think that driving without a license is a viable option for the OP. Add to that, even if you are the best driver in the world, you are on the road with jerks. Someone could run a red light, stop sign, swerve into you, etc, etc....and you would be in the soup big time. Not to mention, you would also not have insurance to cover you. Another no-no that can be a huge headache if you're caught.

So IMO, it's a bad idea with the potential to really bite you in the a** if anything goes wrong.

DM

[Flamingo]

Ok, after speaking with my son, he says that he ran a red light hitting another car while driving someone else's car. He was ticketed, went to court and paid the fine and court costs involved for running the red light. The issue with no insurance was not addressed since it was covered under the owner's insurance. There was a law suit filed for injuries sustained by the other driver. The insurance company for the owner of the car paid the damages, medical bills, and the lawsuit.

The insurance (I think he said it was State Farm if that matters ) company then filed the judgement against my son to get their money back, and it is being handled by an atty's office. He says it is all civil, no tickets, court costs etc. It has 3% interest added every year, so the amount he has paid on it hasn't helped, it never goes down. They refuse to make another payment plan and want the full payment before they will release his license.

He won't drive while it is suspended because he said he can't get insurance etc. If he got caught, it would just open another can of worms.

Thanks for all your help!

Many states have a program where those with suspended licenses can get a work permit to allow them to drive during specific hours to/fromwork. Otherwise, how would they make money to pay for any fines, bills, to live, etc. if they have no one else to drive them or there is no public transportation close by where they work? Your son needs to look into seeing if your state offers anything in that respect. Secondly, as to the judgment, I am interested in finding out if his license will be returned if that judgment is allowed to be discharged inasmuch as that seems to be part of a Code/Law issue and not part of a civil judgment. Would make it easy for anyone trying to avoid paying judgments to file BK and get around all that and I'm sure this has come into play before and there may be case law on this in Ohio....

[bcohen]

If he can't get it discharged in bankruptcy, could you perhaps help him to get it paid off?

There's no "if". Bankruptcy will discharge judgements for injury or property damage--whether owed to an individual, or an insurance company--as long as you were not charged with driving under the influence of drugs or alcohol. So once the bankruptcy is filed, and you have the case #, the DMV is obligated to restore your license if that was the only reason for suspension.

[lotsahats]

There's no "if". Bankruptcy will discharge judgements for injury or property damage--whether owed to an individual, or an insurance company--as long as you were not charged with driving under the influence of drugs or alcohol. So once the bankruptcy is filed, and you have the case #, the DMV is obligated to restore your license if that was the only reason for suspension.

I'm going to second that. Mind you, I'm not an expert on this forum, by any means, but a car accident is part of the reason I'm filing, and as long as there were no drugs or alcohol involved, it is dischargable in bankruptcy. So tell your son to take the $2,000 that that attorney refused, and use it to pay for a bankruptcy attorney, instead.

Good luck to him.

[papie]

Yeah. Better to not support one's family. Stay home and play Madden 2012 instead!

Life is full of risks. I'd bet 90% of folks with suspended licenses drive. It's all about driving carefully if you want to avoid the law. If you read the law as it pertains to Ohio the first offense is nothing more than the equivalent of a speeding ticket.

This is quite possibly the worst advice I've seen on these boards.

You should look at the bigger picture here and realize that IF he were to cause another accident, he would be in even more trouble than he is right now. There's a lot more at stake than a suspended license. Driving careful has nothing to do with it because things happen regardless. If he were involved in another accident without insurance or a DL, he would absolutely be put through the wringer.

[mountanddo]

Yeah. Better to not support one's family. Stay home and play Madden 2012 instead!

Life is full of risks. I'd bet 90% of folks with suspended licenses drive. It's all about driving carefully if you want to avoid the law. If you read the law as it pertains to Ohio the first offense is nothing more than the equivalent of a speeding ticket.

Why not just go out and rob a bank then? I mean what's a prison sentence for a first armed robbery offense? I'm sure the judge will lessen his sentence too because he did it to support his family. He is already in the situation he is in because he had no insurance in the first place. Now you want him to drive without insurance, on a suspended license and are justifying that's ok because the reason would be he is supporting his family and besides he wouldn't get in that much trouble anyway? Life certainly is full of risks but to take them knowing what the consequences could be is stupid. The end doesn't justify the means.

[shark66]

He won't drive while it is suspended because he said he can't get insurance etc. If he got caught, it would just open another can of worms.

Fair enough and a respectable choice...but...

I'll be damned if I'd file a Ch. 7 over inability to get a driver's license. That's shooting a fly with a bazooka, seriously. Yes, the nagging fly is finally gone. As is the house and everything else that was in sight...

There are ways about this situation without filing BK.

Dig *deep* into the www and you'll find the answers.

They might be on the gray side, but they're not illegal.

That's all I'm going to say.

Good luck to us all.

[TomTea31]

This is bad advice. Plain and simple.

Ditto, in most states this will land you in jail

[TomTea31]

I'm filing chap 7 because of this. I tried to make arrangements with the insurance company but they are being jerks. It's that or lose my driving privileges and then lose my job.

[lookin4info]

I appreciate all the input. I believe that if the debt were paid, that his license would be released. He had made payment arrangements with them twice before and was then able to get his license reinstated and even took his drivers test again. Both times, he lost his job and could not keep up with the payments. I helped with some of the payments, but was too much with helping to take care of his family also. I would help him again if I could, but am in a Ch. 13 and there's not much extra available.

As far as walking, it is about 10 miles to his job, too far to walk, maybe not for a moped. I will mention that to him. That might work for his job, but with the 5th baby on the way, he can't get his family anywhere. Although it doesn't happen too often, it takes us two cars to get them all to the same place at the same time! It gets a little hectic to say the least. He has a van lined up once he gets his license and insurange. The job is the main thing. That would give him the means to make payments. I will also mention for him to check into going back to court to get payment arrangements made, or at least driving privileges. Again, thanks for all your support.

I'm certain that he won't drive until his license is released, but I understand that the suggestion was made as the worst of 2 evils, drive and take his chances getting to work and support his family, or not work and loose his apt. etc. and not be able to support his family.

I have searched the web pretty thoroughly, but haven't found much other than going to court to work it out. I looked up the codes suggested and they pretty much indicate that that may be a good idea too, and that if it is discharged, that the state could not hold his license. I'm not sure there's more too it, but since it is not in laymen's terms, I may have missed a lot! lol

[OhioFiler]

Why not just go out and rob a bank then? I mean what's a prison sentence for a first armed robbery offense? I'm sure the judge will lessen his sentence too because he did it to support his family. He is already in the situation he is in because he had no insurance in the first place. Now you want him to drive without insurance, on a suspended license and are justifying that's ok because the reason would be he is supporting his family and besides he wouldn't get in that much trouble anyway? Life certainly is full of risks but to take them knowing what the consequences could be is stupid. The end doesn't justify the means.

Equating driving with a suspended license to bank robbery is ridiculous. The first offense for driving on a suspended license results in no charges. One's first bank robbery would be a felony of the first degree with a mandatory prison term.

The end does justify the mean in certain cases. Not in robbing banks but driving to work to support one's family it does.

"Your Honor, I was driving without a license so I could go to work to earn money to provide a home and food for my children as well as to pay off this debt I incurred that resulted in my license suspension."

Judge replies, "Off with your head!"

I suppose you come to a complete stop at every stop sign and never exceed the speed limit.

Life certainly is full of risks but to take them knowing what the consequences could be is stupid.

Sure. Understanding consequences is stupid when it comes to evaluating risks. That might be the worst advice I've ever read here. Plain and simple.

[justbroke]

The first offense for driving on a suspended license results in no charges.

In Ohio, driving on a suspended license is a first degree misdemeanor (I think... I didn't look it up). You can certainly be arrested for it and certainly pay fines. I have never heard of "no charges" or a suspended license ever, anywhere.

I was cautioning anyone who chooses to break the law, regardless of whether it's robbing a bank or driving on a suspended license. Each is a crime albeit the former is not a felony.

[mountanddo]

I suppose you come to a complete stop at every stop sign and never exceed the speed limit.

Actually that is exactly what I do. I've never gotten a speeding ticket or been stopped by the police EVER.

Your post doesn't even make sense.

"Officer, I'm sorry I can't show you my license because it was suspended. Could you just let me off with a warning? I"m doing this for my family. This was the first time. I swear!"

Officer replies, "Oh this is your first time? Well, gee I'll just let you go then because the first time we don't charge people. Just don't do it again ok? Have a nice day and drive safely!"

REASONS FOR DRIVER'S LICENSE SUSPENSIONS
There are a variety of reasons why your Ohio driver's license might be suspended. Some of these are related to specific driving violations, while others may be due to violation of other State laws. Following are some of the most common reasons for an Ohio driver's license to be suspended or revoked.

• Driving Under the Influence. If you drive with a blood alcohol content (BAC) of 0.08% you are considered to be legally drunk. Your Ohio driver's license will be suspended if you are found guilty of driving under the influence of alcohol or drugs. If you fail a breath test, you will be subject to an Administrative License Suspension (ALS), which means you will lose your right to drive for a period of between 90 days and five years, depending on your driving record. Your license will be confiscated on the spot. You may also face further punishment in court.

•Refusal to take a breath or urine test. For refusing to take a breath or urine test when requested, your license will be suspended for between one year and five years. You will still need to take the test and face further punishment depending on the result.

•Excessive Moving Violations. Like most other States, Ohio operates a point system, in which drivers accumulate points on their license for every moving violation that they commit. If you accumulate 12 or more points in a two year period, your license will be suspended for six months. Following suspension, you will need to retake the driving test after taking a remedial driving course.

•Driving while suspended. If you are caught driving while your license is suspended, you are guilty of a first degree misdemeanor and will face a possible $1,000 fine and six months in jail. You may also be suspended for another year.

•Driving without insurance. Your license will be suspended if you drive without insurance or cause an accident while uninsured.

•Physical or Psychological Disqualification. The BMV can order a re-examination of any person who may not be fit to drive. An individual's driving privileges may be suspended if the re-examination finds they are physically or psychologically unable to drive safely.

•Non-driving related offenses. Your Ohio driver license can also be suspended for a number of non-driving related offenses, such as bringing a weapon onto school property, failure to appear in court on bond and having unsatisfied civil judgments, not responding to a BMV notice or not appearing in court; failing to pay traffic tickets, fines or surcharges; and not paying child support.

In addition, in some states they can impound the car. You then have towing fees, impound storage fees, etc. to have to pay.

Any intellegent person would know that theses risks are not worth what the consequenses could be. Advocating that breaking the law is ok as long as you don't get caught is wrong plain and simple and you can't say anything that would justify that.