Legal Question in Criminal Law in Missouri

not sure how clear this will be, but my question is... Well let me just tell ya whats going on I'm from Missouri and haven't had a driver license for quite sometime last year i was granted a limted driving privlege permit type thing. A hardship license, ok well i travel through out the country for my job and the type of work i do, so sometimes i have to have my mother and S/O do things for me back home i got a letter in the mail from the DMV stating that i need to get my SR22 insurance up to date by Oct 4 2012 well i had my mother go to my insurance company and take care of this for me my insurance provider ended up setting up a whole new policy. this was on Oct 3rd 2012. With me having a new policy let the old one lapse i'm guessing and the DMV was unaware or didn't care. Anyway i'm guessing because of this they terminated my LDP, I didn't ever receive other letter from the DMV, stating that they had done so and i actually thought everything was fine and i was still good. keep in mind i myself didn't realize i had a new policy i myself was in Decatur, Alabama. i come home for the holidays in November. and a sheriff deputy. suspecting i didn't have a license. follows me i turn into a gas station to fill up because i was heading back to work early because i was rerouted to New Orleans. this officer pulls in an alley across the highway from the gas station and i'm guessing this is where he runs my name. as i mentioned before this Deputy knows me well and has all my info on file. so he wouldn't have to stop me to obtain this info well this deputy waits till i leave, i head north about a half block on the highway and make a left turn toward where the officer had been sitting he comes flyin out the alley i guess because he didn't realize i was gonna turn. with no lights on or anything this officer points to me to pull off to the side of the city street and informs me that him and the chief of police both in sheriff truck had seen me and the chief said i didn't have a license so he wanted to see. that was his reason for asking me well pointing me over to stop i told this Deputy that i had in fact had a LDP permit. he just says well it showing up on the computer the computer says your revoked. I on the other hand said that can't right sir i've done all that needs to done to maintain this Pemit.. Here's the kicker the Deputy than orders me to go ahead drive my car on up the road and park it and i'll give you a ride up to the station and you can look for yourself call if you need to i then proceeded to do what was asked of me. Well we didn't go up there to see nothing we went up there so he could write his tickets finger print me and get my mugshot and let me post bond. I was Charged with Driving while Revoked 5th time a class D felony.. Now since i didn't receive a letter From the Missouri Dept of Driver License stating that my LDP had been terminated. and the officer stopped me for suspension of driving w/out a license and then orders me to drive on the city street, to park my car when the Deputy stated already the computer said i was revoked and well breaking the law by driving according to the Revised Statues of the state of Missouri. Unless this Deputy makes his own laws did he not order me to do the same thing. he stopped me (pointed me over) for in the first place. As i stated earlier there has been a clerical error, and miscommunication with the SR22, i've been goin to court for this since December i Believe i have a Case i'd like to know if you and your collegues agree. i believe the case should be dimissed on the grounds that the Deputy ordered me to drive after having Full Knowledge from the state computer system that i was not to be driving. Please inform me of your thoughts on the matter. Thank you for taking the time to read this. Matthew

2 Answers from Attorneys

Related Questions & Answers

More Criminal Law questions and answers in Missouri

Looking for something else?