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.

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1 Lawyer Answer

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.

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