Lake Elsinore, CA asked in Traffic Tickets for Colorado

Q: Can I fight suspended license from more than 30 years ago when the state has no record of my payments?

I misplaced my California driver license, which I obtained in August of 1986. I went to the DMV to get a new one and was told that I had a suspension in Colorado. I contacted Colorado's Dept. of Revenue and was told it was under suspension and there would be a $95 fee required to re-instate and that I will not have a valid CA license if it is not handled. I was told that since the computer systems changed, there is no record of where the notices were sent, but my parents and I both recall them going to the CO DMV and paying for them. Since they have no records of where the suspension notice was sent, it makes sense that there was a clerical error and those same computers also don't have records of my payments. Unfortunately, I don't have records from 30 years ago. I was told it could not be waived. Is that accurate, or is there a way to get these fees dismissed? Thank you.

Related Topics:
1 Lawyer Answer
Tristan Kenyon Schultz
Tristan Kenyon Schultz
Answered
  • Fort Collins, CO
  • Licensed in Colorado

A: I understand the surprise. You can challenge the suspension, but you will need evidence of payment (beyond recollection) and you might have to appear in Colorado. I know it is not fair, but it may be cheaper and faster to simply pay the fee in Colorado. There are no formal procedures to waive the re-instatement fee, unless the suspension can be proven to be a clerical error beyond the DMV not having records dating back 30 years.

Justia Ask a Lawyer is a forum for consumers to get answers to basic legal questions. Any information sent through Justia Ask a Lawyer is not secure and is done so on a non-confidential basis only.

The use of this website to ask questions or receive answers does not create an attorney–client relationship between you and Justia, or between you and any attorney who receives your information or responds to your questions, nor is it intended to create such a relationship. Additionally, no responses on this forum constitute legal advice, which must be tailored to the specific circumstances of each case. You should not act upon information provided in Justia Ask a Lawyer without seeking professional counsel from an attorney admitted or authorized to practice in your jurisdiction. Justia assumes no responsibility to any person who relies on information contained on or received through this site and disclaims all liability in respect to such information.

Justia cannot guarantee that the information on this website (including any legal information provided by an attorney through this service) is accurate, complete, or up-to-date. While we intend to make every attempt to keep the information on this site current, the owners of and contributors to this site make no claims, promises or guarantees about the accuracy, completeness or adequacy of the information contained in or linked to from this site.