I have heard about an over-paying loophole, does this work?

    Published: 06-16-2009
    Views: 40,256
    Attorney Steve Duckett discusses an over-paying loophole and if it really works.

    Steve Duckett

    Steven L. Duckett, Jr. was born and raised in the DC suburbs of Northern Virginia.  He attended Paul VI High School (1990), University of Richmond (1994) and Valparaiso University School of Law (1997).  Mr. Duckett has spent the entirety of his legal career practicing in criminal and traffic law.  He created the law firm of Steven L. Duckett, Jr., P.C. in April 2001. 

    Host: I have heard about an overpaying loophole; does this work?

    Steve Duckett: You know I first heard about this so called loophole, probably when email first started getting circulated and people would get these emails and talk about; well, if you get a speeding ticket for say, $79 and you send in to the court a sum that's slightly higher than that, the example that I most recently read on mine, just a couple of days ago, said, send them $82 and then the clerk will receive that check. They'll cash it and then they'll realize that your account with them has a credit balance. They will then issue you a check and it will come to you in a mail and the urban myth is don't cash it, throw it away and the clerk's office supposedly then completely disregards your ticket and conviction because they are not allowed to do anything with it until the case becomes finalized in a financial matter. This is of course completely untrue. Sorry to burst your bubble. The DMV receives abstracts of the conviction from every clerk's office that are in the state and it's done so immediately upon the finalization of that conviction. Convictions in Virginia become final after ten days; you have ten days to appeal, then it becomes final. At the point when it becomes final, the clerk will dutifully send off a convict -- or an abstract of that conviction to the DMV and the DMV will know about it. The clerk would do this regardless of your payment status, if you paid in full or if you haven't a dime, DMV is getting a copy of that. So, don't waste three bucks and send them a check for slightly more. It won't work.