May 3rd 2023
Clerk Magistrate Hearing
Operating with Revoked Insurance
A very pleasant international student was charged with allowing someone to drive his vehicle on revoked insurance. The case had a scheduled clerk magistrate hearing and what came next was the preparation. Often Magistrates are open minded to not issuing the complaint on cases where the insurance is revoked, depending on the circumstances. Some issues are if there was an accident, if the person has a prior criminal record, the facts of the stop such as other criminal offenses and finally, if the person is apologetic and remorseful and that they now have insurance, or the vehicle is not on the road any longer. If all those things are absent then the probability of success goes from high to very high. Here, none of the factors existed and we presented an affidavit that summarized the background and history of the accused, as well as evidence of his licensure and current and valid insurance. In the end, the clerk and the professional state trooper were most accepting of our request not to issue. The complaint does not issue. As a result, the client never has to write on immigration paperwork that he was accused of a crime, or any background check. His record remains clean.
RESULT: Magistrate DOES NOT Issue the Complaint.
