California License Suspension - Avoid these 3 Mistakes
1) Do Not pay GC Services 2) Do Not Plea Guilty 3) Don't get caught driving on the way to court. A Traffic Ticket Lawyer Can Help You Get Your Driving Privileges Back.Even if you did not have a reason to miss court and DMV suspends your license, we can still restore your driver license. We can reopen the case contest the new vehicle code vioaltion, the new charge of failure to appear, get GC Services off your back, and fight the new 14601.1 misdemeanor offense driving on a suspended license.
Driving on a Suspended or Revoked License in California – What You Need to Know
How Can Your Driver's License Be Suspended?
Top Causes of License Suspension
Courts and the DMV do not impose a California License Suspension for no reason. There are a variety of reasons for the original suspension. Not all these reasons have to do with a criminal offense (drunk driving, reckless driving,probation violation)however, failure to address the issue can result in a criminal history along with additional penalties,community service and mandatory jail time.The most important thing is to find out why your license was suspended by DMV and start the reinstatement process to either get a valid license restricted license.
There are consequences to not appearing in court. Most people do not know they have a License Suspension in California until it is too late and they are facing new criminal charges for driving during the suspension period. Below is a list of common reasons why people have a drivers license suspension and variety of defenses.
Not Showing up to Court.
The typical scenarios for suspending a person driving privilege usaully involves missing a traffic violation for a minor offense (proof of insurance. unpaid ticket, ). This is followed by the traffic violator overlooking a notice of suspension in the mail or it was mailed to an old mailing address (lack of knowledge). Others just disregarded and threw it away. The person thought it was no big deal. Since that day the person had been living life and thought the traffic ticket disappeared.
It's important to show up to court for your traffic violation even if you disagree with it. Courts and the DMV do not like it when you ignore them and by ignoring them you are subjecting yourself to increase fines and penalties. You need to show up to court when on your court date. Failure to do so can result in a California License Suspension. This means the court will suspend your license and you will not be allowed to drive. If this happens and you are caught driving then you will be subjected to a driving on a suspended license charge by the district attorney in addition to your traffic violation . A driving on a suspended license charge will subject you to probation, jail time and fines.
DMV Negligent Operator Treatment System (NOTS)
Some of reasons for for a California License Suspension include too many vehicle code violation points on the driving record. This is reffered to as a negligent operator (habitual traffic offender) suspension. This happens when a person gets 4 points (moving violations) on their driver license over a period of time.
The reasons for the license revocation is to take the driver off the road by imposing harsher penalties if they are caught driving. If this is the case then getting it is important to have a traffic attorney who is knowledgeble with defense strategies to represent or give you legal advice at the negligent operator hearing and take the necessary steps to enroll in you defensive driving classes before your hearing at the local driver safety office.
Not Paying Child Support.
A failure to pay child support(if you fall behind on child support then you can get a License Suspension by DMV . The state legislatures have made up several ways to make dads pay overdue child support. There are also other ways your license can be suspended as well. ) is common reason for a license suspension. If this happens, then the issue needs to be resolved with child support. As a criminal defense attorney I get the prosecution to not push forward with the case in hopes of buying my clients more time to work out their issues in family court so they can go out and get their license and get their drivers license. This will result in a lower penalty and possibly an amended charge the vehicle code from a driving on a suspended license to a driving on a no license.
License Revokes/suspended for DUI – Vehicle Code 14601.2 VC
Many people have DUIs (driving under the influence of alcohol) ,reckelss driving, or chemical test refusal convictions and are lost in the burecracy. Despite paying all their penalty with the courts, doing their time in county jail, and serving out their suspension period pursuant to the vehicle code, they just did not take the right steps for getting their driver license back. Eventually they are pulled over by a police officer for a traffic law violation and facing prosecution on a new case.
Most of these things are adminstrative and are often fixable. The goal of your criminal defense attorney is to negotiate with the prosecution to not make you do the minimum jail sentence of 10 days and to give you more time for you to fix the problems and get a valid drivers license or at least a restricted license. See How do I get my license back after a DUI in California?
After this is done, then the client out and do what they should have done in the first place such as showing they have insurance (financial responsibility), paying a reinstatement fee after serving out their suspension, forgetting to show completion of alcohol education at court, or having an ignition interlock device improperly installed.
Health and Fitness Suspension
Other times, the California License Suspension may be unrelated to any vehicle code. Instead they have to do with a person's health and fitness to drive. This happens when a person is ill or has some sort of medical condition which makes them a danger on the road. Some things that make a person dangerous on the road include that of suffering seizures or being legally blind. In these cases a person will be called in for a fitness exam where they will be given an eye test and from there given a series of other test which will help and hearing officer determine whether or not their condition hampers them and makes them a dangerous individual on the road. California License Suspension can be handed out for physical as well as mental conditions. For example, a person can be unfit to drive even if they have perfect vision if they are found to be mentally unstable for the purpose of driving.
California License Suspension and Failure to Appear
THE ELEMENTS OF THE OFFENSE
Vehicle Code 14601.1 - Driving on a Suspended license Vehicle Code 40508 - Failure to appear in court on a traffic citation
When people not show up to court, they will receive a failure to appear notice
1. You drove a motor vehicle while your driver's license was (suspended/ [or] revoked)
2. When the you drove, you knew that your driver's license was (suspended/ [or] revoked).
[If the People prove that:
1. The California Department of Motor Vehicles mailed a notice to the defendant telling (him/her) that (his/her) driver's license had been (suspended/ [or] revoked);
2. The notice was sent to the most recent address reported to the department [or any more recent address reported by the person, a court, or a law enforcement agency];
3. The notice was not returned to the department as undeliverable or unclaimed;
1. You received a citation;
2. In connection with that citation, you signed a written promise to appear(in court/[or] before a person authorized to receive a deposit of bail);
3. You willfully failed to appear (in court/[or] before a person authorized to receive a deposit of bail).
Someone commits an act willfully when he or she does it willingly or on purpose. It is not required that he or she intend to break the law, hurt someone else, or gain any advantage.
[It does not matter whether you were found guilty of the violation of the Vehicle Code alleged in the original citation.]
How can I defend against a charge of driving on a suspended license?
[It does not matter whether you were found guilty of the violation of the Vehicle Code alleged in the original citation.] Take Care of the Problem The main point if you NEED to show up to court or have an attorney show up on your behalf. By not showing up to court you are putting your self up for more charges. These charges include a failure to appear and additional civil assessments.
Why is the Amount so High?
A civil assessment is an additional 300 charge to your California License Suspension. This additional money is money that you must pay on top of your case. I get many cases where people miss a court date and a civil assessment will kick in within a few weeks. It is important that you take care of your civil assessment and unfreeze your license at the same time.
What is this New Charge of Failure to Appear Misdeameanor?
In addition to this, the failure to appear is also a misdemeanor. A misdemeanor will affect your criminal record. It's important that you take care of this the correct way. A California License Suspension will involve a hold on your license. This hold on your license will make it illegal for you to drive. If you are caught driving within this period then you are subject to jail time and fines. You are looking at probation and your car being impounded.
Failure To Appear Los Angeles and Orange County
About Hieu Vu
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“To the client, every angle is important, there’s a number of questions, and each person also have their own worries. Some will need a person to listen to them. At the end of the day, it’s more than just delivering legal results. I put a 110% into every person I work. I strive to make sure everyone knows what is going on and is kept in the loop as the case goes on. The practice of law is more than just getting the results in court.” -Hieu Vu
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