NLIC.org

Annette Said:

Can you help? I am trying to sell my car through auto trader (Diesel Models ford) but think its a scam? read?

We Answered:

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scam
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Jesus Said:

Should I hire an attorney?

We Answered:

The state's attorney isn't obligated to dismiss the case. The state doesn't have to prove you knew your license was suspended. All the state has to prove is that your license was suspended and you were driving.

Having said that, you can still try to get the state's attorney to dismiss the ticket. It is always difficult for people representing themselves to contact the prosecutor. Traffic prosecutors don't want to deal with numerous phone calls from pro se defendants. My suggestion is this: 1) Call the state's attorney's office to see if you have any chance of talking with the traffic prosecutor before court. My guess is it will be unlikely you get to talk to them 2) Have you agent write a letter that explains his/her mistake. 3) Go to court early and bring the letter, driving record that shows your license is valid and proof of SR22. 4) Try to talk to the state's attorney in court and ask if they would consider dismissing the case. Bring your receipts and show how much money you have already spent. 5) If the prosecutor won't dismiss, ask if they will offer you court supervision. That will not be a conviction on your record and may prevent your license from being suspended for driving on a suspended license.

Once court is in session, the judge will try to convince you to apply for court appointed counsel (if you are eligible) or hire a private attorney. Judges want everyone to be represented by an attorney because it makes court run smoother.

You can always try to see if you can get the case resolved before or at your first court date. If you are unable to, you can ask for another court date to hire an attorney.

Good luck!