Q: Can police take my license because I did not sign for a ticket
I got three tickets one ticket for having open empty beer bottle in the back of my car floor second ticket was for driving 23 miles over the speed limit third ticket was formy insurance expiring but the expiration date was for the next day but it was 12 AM shouldnt I have been given a chance to renew it like a date before getting a ticket rather than they give me a ticket a couple of hours of expiration date. I did not sign for either tickets but they took my drivers license and issued me a court date can they take my license if I don't sign for a ticket.
A:
Hello Asker,
Absolutely, they can take your license. It is not strictly speaking required, especially since January 1st of this year but yes, they can take it. The reason they took it is that it constitutes bond. In the event that you fail to appear or comply with the court's orders with regards to this ticket, they can hold your license indefinitely and send notice to the secretary of state to suspend your driving privileges. This won't be a problem so long as you don't miss court and follow any orders of the court. Additionally, you will receive your license back after all fines and costs owed, if any, are paid. With an attorney, it may be possible to have your bond modified to return your license prior to payment of all fines in exchange for a cash bond.
As for the insurance ticket, the expiration by even a few hours is unlikely to be convincing to most courts. I have personally witnessed judges reject defenses based upon having insurance mere hours later. That said, with valid insurance covering the date of the ticket for the vehicle in question, this ticket can be dismissed. My recommendation would be to contact the insurance company and request proof showing you were covered on that day. If you cannot, you should expect to receive no better than court supervision with a requirement that you hold SR-22 for a period of 36 months continuously. If you have questions about this, please let me know because failure to carry SR-22 when ordered to is grounds for license suspension.
The biggest issue by far is the alcohol ticket, particularly if you are under 21. If so, supervision will result in a 3 month suspension and a conviction will result in a 12 month suspension. These suspensions are very difficult to prevent and doing so will almost certainly require assistance of counsel.
Hope that helps and let me know if you have additional questions!
Sincerely,
Jason A. Wilkins
Traffic Attorney
(630) 445-2293
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