I was ticketed (but not arrested) for driving with a suspended licesce. What can I expect in court? (Lincoln: lawyer, to buy) - Nebraska (NE) - Page 2 - City-Data Forum

mattpoulsen · 06-06-2007, 02:57 PM

MidwestDrummer,

If you can't afford legal counsel then you should be provided an attorney at your arraignment. You'll have to fill out some paper work and provide the court with financial data, so they can confirm that you can't afford an attorney. But, in the end, they will provide one for you. And, court appointed attorneys, are just as good as the ones you hire. In fact, the court just farms out the public defense work.

At any rate, I really doubt you'll get jail time. If you do it would be like a few days or so...not a few months. I would expect more like 6 months to a year probation and a nice fine. The drinking thing doesn't help, but you weren't illegal, so, in theory, that shouldn't be held against you. However, the judge will get a copy of arrest report and will see these details.

If it were in a smaller county I would suggest trying to contact the prosecutor and see if you can work out a plea bargain in advance of your arraignment. You might try this in Lincoln, but you may not get very far without an attorney.

The other option is going to the UNL Law college. Often times you can get free representation by an attorney or 3rd year law student. You might look into it. However, it may be limited to UNL students...but I'm not positive.

Have you called an attorney?? The cost of representation may not be all that much and they will often work a payment plan out with you. You might at least try calling a few...plus they may give you some free advice in the process.

DTO Luv · 06-06-2007, 04:50 PM

MidwestDrummer-

The time I got stopped in Nebraska on a suspended license was in 2004.

sunspirt-

When I've been on the interstate in Omaha lately I regularly see people going 10 mph over the posted 60.

Dave1215 · 06-06-2007, 05:39 PM

Quote:

Originally Posted by MidwestDrummer

Please, leave the chiding to my parents.

GREAT comment... good luck...

sunsprit · 06-06-2007, 08:17 PM

DTO Luv ... you may be driving the Omaha area, but I can assure you that anyplace West of Goodland is aggressively enforced on speed limits with zero tolerance. Judging from the way most of Nebraskan I80 traffic travels in the Western and Northwestern areas out of Scottsbluff ... I'd say that the local population has learned well the consequences of speeding over the limit ... most drive 5 under on their speedometers just to be safe, and considering that many vehicle speedometers error read faster than the cars are going, it's not uncommon for folks to be traveling 5-10 mph under the speed limit.

It seems to be a well trained driving habit, because most NE plated cars here in Wyoming and into Colorado continue to drive well under the speed limit, despite much faster traffic around them.

Even the I80 cross country truckers slow down in NE until they cross the Wyoming border.

mattpoulsen · 06-06-2007, 09:17 PM

Sunspirit,

I drive all over Nebraska and have since I was young. Traffic on I-80 pretty much flows at about 80 mph from Omaha all the way to the western border. In fact, if anything it picks up as you go west. I guess I just don't understand where this observation is coming from. Maybe you're just noticing the old grandma and grandpas coming out of Nebraska. But I can assure you it is not the State Patrol's policy to pull over 1 mph offenders. They openly state this and i have never ever heard of someone being picked up for such a thing.

MidwestDrummer · 06-06-2007, 09:50 PM

Quote:

Originally Posted by mattpoulsen

MidwestDrummer,

If you can't afford legal counsel then you should be provided an attorney at your arraignment. You'll have to fill out some paper work and provide the court with financial data, so they can confirm that you can't afford an attorney. But, in the end, they will provide one for you. And, court appointed attorneys, are just as good as the ones you hire. In fact, the court just farms out the public defense work.

At any rate, I really doubt you'll get jail time. If you do it would be like a few days or so...not a few months. I would expect more like 6 months to a year probation and a nice fine. The drinking thing doesn't help, but you weren't illegal, so, in theory, that shouldn't be held against you. However, the judge will get a copy of arrest report and will see these details.

If it were in a smaller county I would suggest trying to contact the prosecutor and see if you can work out a plea bargain in advance of your arraignment. You might try this in Lincoln, but you may not get very far without an attorney.

The other option is going to the UNL Law college. Often times you can get free representation by an attorney or 3rd year law student. You might look into it. However, it may be limited to UNL students...but I'm not positive.

Have you called an attorney?? The cost of representation may not be all that much and they will often work a payment plan out with you. You might at least try calling a few...plus they may give you some free advice in the process.

Wait, where did you get "arrest report" from? I wasn't arrested when i was pulled over. Or is this something that is automatic no matter what with the charges I'm looking at? I was simply given the citation and a court date, and then let go and asked if I knew someone i could call for a ride home.

At any rate, i have email a few law firms here in Lincoln, and I will see what they have to say in response to my situation. I'll probably make a few calls as well.

I appreciate the honesty, and the well wishes from the other people who have posted in this thread.

MidwestDrummer · 06-06-2007, 09:54 PM

Quote:

Originally Posted by DTO Luv

MidwestDrummer-

The time I got stopped in Nebraska on a suspended license was in 2004.

Sorry to keep bugging you about your incident, but how did it all go down for you? Were you arrested on the spot? What was the court appearance like, and what were your penalties?

Thanks for any info you can provide.

mattpoulsen · 06-06-2007, 11:32 PM

MidwestDrummer,

I was using the generic sense of "arrest report". Really there isn't a difference between you going to jail or being let go, legally that is. I realize you weren't taken to jail, but the report that will be filed will be the same. Sorry to scare you! Anyway, I hope you can get some info. Depending on the attorney, you can get a fair amount of free advice. However, you may also not get much out of them until you agree to hire them as counsel...its just hit and miss. I would bet most would have a very standard fee for the offense you're talking about...it pretty minor and won't require much legwork.

DTO Luv · 06-08-2007, 06:23 AM

Quote:

Originally Posted by MidwestDrummer

Sorry to keep bugging you about your incident, but how did it all go down for you? Were you arrested on the spot? What was the court appearance like, and what were your penalties?

Thanks for any info you can provide.

I wasn't arrested but they did take my car and I had to walk from the 80-680 interchange to Westroads. The State patrol nor the tow truck guy would give me or my brother a ride.

I don't remember exactly how much the fine was since it's been a long time ago.

kosnebbear · 06-13-2007, 04:56 AM

MidwestDrummer, I have been reading the advise that you have been getting. As a retired Nebraska Police Officer the thing that I would look at first is the traffic stop legal. Were you in violation of a traffic law? The answer would have to be yes if you were driving around on expired tags. Also I would like to let you know that most Police Officers are always looking out for drivers who are driving impaired during the prime hours, which are right after the bars close. So if the stop is legal then you have nothing to base your defense upon. Everything else that was found out is legal and can be used against you in court. What will happen in court is the Judge will ask you if you have a valid license, if your vehicle is now properly registered and if you now have insurance. You will need to show him proof of this if he asks you for it so have all the documents ready. If you do then all you will get is a fine that should be less that $200.00 and the Judge might give you a warning about keeping your insurance valid in the future. I would not even waste my time and money paying a attorney as you can deal with the County or City Attorney and cut a deal yourself all you have to do is make an appointment to go see the one who will be the prosecutor of the case. They like it when you make it easy for them and they will cut you a break. Good luck and post what happens to you here as well.