Q: The DMV does not have record of the disposition sent by the court to suspend my license, how do I proceed?

A: good questions

First, go to the website for the clerk of court in the county in which your conviction took place

Look for the Final Judgment and Sentence, and look for the Public Record documents regarding the DL suspension

I absolutely agree the suspension should start at the time of your release, 100% agree, but if DHSMV sees fit to give you a license, you are fully covered, legally.

Normally, a sentencing Judges oral pronouncement of the Sentence take precedent over anything else, except for DHSMV cases, where the Department does what it does regardless.

A: If the DMV does not have a record of the court-ordered disposition to suspend your license, it’s crucial to take the proper steps to resolve the issue. Sometimes, documents do not get sent or received between the court and the DMV, leading to discrepancies. Here’s how to proceed:

Step 1: Verify Court Records

Start by visiting the Clerk of Court’s website in the county where your conviction occurred. Look for the Final Judgment and Sentence as well as any Public Record documents related to your driver’s license suspension. Ensure these records clearly outline the terms of your suspension, including when it should begin.

Step 2: Check for Communication Errors

Since documents can occasionally fail to be sent or received, confirm whether the court actually sent the suspension order to the DMV. You may need to request that the court resend the documentation if there is no record of it being transmitted or received by the DMV.

Step 3: Present Your Documentation to the DMV

Bring a copy of the court disposition and any related documentation to the DMV. Explain that the suspension terms were likely miscommunicated or not recorded. If the DMV is unable to locate a record of your suspension but decides to issue you a license, you should be legally covered.

Step 4: Clarify Suspension Terms

Your plea agreement included a 6-year revocation of your license starting after your release from prison. However, the disposition sent to the DMV reflects a suspension beginning at the time of your conviction. Clarify with both the court and the DMV that the suspension terms should align with your agreement.

Step 5: Understand Your Legal Standing

While a sentencing judge’s oral pronouncement typically takes precedence, the Department of Highway Safety and Motor Vehicles (DHSMV) operates based on their own records. If they grant you a license despite the lack of suspension documentation, you should be legally protected.

Step 5: Consult Legal Counsel

Contact an attorney if you do not get any relief using the answers.