N/A - Legal, uh "suggestions" requested

[gkainz]

Since there's no such thing as free legal advice, and you get what you pay for, I'm looking for some "suggestions".

First, let me say I'm not trying to shelter or protect my son from deserved consequences. I'm a big fan of reality consequences. However, the reality consequence of the following is that if my son loses his driver's license, it directly impacts my wallet in his ability to get a job and earn college money. So, caveat aside, here's the deal.

My son is in college out of the country. On his last day at home over Christmas break, he got a speeding ticket. It's a 6 point ticket (Colorado has a points system, and at 19, he's allowed 8 points against his license before losing it. Unfortunately, he got a 5 point ticket last year so only has 3 points available. Being out of the country and unable to make his court date, the county clerk said he could send a letter requesting a "plea by mail" which he did. When the courts received his letter, they entered a guilty plea on his behalf and assessed a fine and the 6 points. When we talked to the court clerk again, she said he should send another letter requesting a "motion to reduce points". My dilema is should the letter just say that, or request a reduction to 3 points? Will the court counter-offer with more than 3 points and it was a wasted effort? Is this something that's worth hiring an attorney or should he just draft a letter, send it in and hope for the best?

The other issue is that it takes 3 weeks for mail between here and Ecuador, so this could drag on for a while. Is there any way that we can represent him?

Thanks.

 

[NC Pilot]

I think the best course of action would be to hire a lawyer, explain what you want/need and let the legal system work it's magic.

Your son can pay for the lawyer to help with the consequences part.

Just my $.02

 

[poadeleted20]

The horse is long out of the barn, but it would have been better had you contacted a Colorado-licensed attorney before you did anything. At this point, you're in damage control mode, but you still need that lawyer ASAP.

 

[grattonja]

I highly recommend local counsel on this issue. Generally, when one of us practices locally we know the "rules of the road" to negotiate. Often where I am, a ticket can be made low points or no points after discussion between the cop and the attorney.

Agreed with Ron that the cow may already be out of the barn, but it sounds like there is a mechanism to try to fix the fence yet. Good luck.

Jim G

 

[EdFred]

You're a lot more forgiving than I would be or my parents would have been. My suggestion: Mountain bike with winter tires.

 

[wsuffa]

You need legal counsel at this point. The best time would have been before. Sounds like the penalty is a done deal.

Might be worth investigating if there is a program to allow reduction in "points" for completing a driver program.... in Texas, I understand that certain courses can be done online.

 

[Brian Austin]

You're a lot more forgiving than I would be or my parents would have been. My suggestion: Mountain bike with winter tires.

Heh, I'd have just gotten new boots.

 

[gkainz]

You need legal counsel at this point. The best time would have been before. Sounds like the penalty is a done deal.

Might be worth investigating if there is a program to allow reduction in "points" for completing a driver program.... in Texas, I understand that certain courses can be done online.

I agree (in hindsite) that we should have sought counsel before the fact. Let myself get pushed into a "react" mode as he was leaving the country the day after receiving the ticket and took the suggestions of the court clerk as a "good idea".

California has the same program, Traffic school, for a one-time alternative. Colorado has no such program.

 

[Len Lanetti]

Greg,

Some things you may want to research:
- How long do the points stay on his reocrd. I don't know how long he will be in overseas or if he will be coming back and forth for a year or two. He may be back under the points limit by the time he is back in the States on a full time basis.
- While he is overseas can he possibly get a new license abroad that would permit him to drive in the states while he "visits" back home. Maybe once he is back full time or the next time he is back he could trade that foreign license for a brand new license, perhaps in a state other than Colorado.

Len

 

[gkainz]

Good ideas, Len. I'll check into those. However, he's only gone for another couple of months. He's away on a one-year program that graduates end of April and he'll be home early May. His plan is to get a job at home this summer and and go to school locally this fall.
However, I find the idea of an Ecuador driver's license intruiging... wonder what the paper trail on that deal might be in returning to the states Oops, just thought of something - that could possibly really trip him up for in-state tuiton this fall here.

 

[gkainz]

Thanks for the suggestions, folks. Will be contacting an attorney post haste.

 

[JRitt]

Some states also have a drivers education class you can take to knock points off your license. You might work something out so he can take a class the next time he is back.