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, fight the new charge of failure to appear, get GC Services off your back, and fight the new 14601.1 driving on a suspended license.
Most people do not know they have a License Suspension in California until it is too late. The stories are always the same for a License Suspension in California. You had a California traffic ticket awhile ago. It took place a long time ago. It happened so long ago that you don't even remember what year it happened it. Since that day you've been living your life and you thought the traffic ticket disappeared. Even when you received the letter from the court to show up for your traffic ticket, you still disregarded it and threw it away. You figured it was no big deal as you were moving out of state. Why should you worry about a ticket in a state you're leaving and have no intention of ever coming back. Basiclly, you told the DMVto go pound sand.
Courts and the DMV do not impose a California License Suspension for no reason. There are a variety of reasons for a California license suspension. Some of reasons for for a California License Suspension include too many points on the driving record, a failure to pay child support(For example, 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. ) , a DUI and a varity of other reasons. There are many things that can go wrong when your license is suspended by the DMV.
The most important thing is to find out why your license was suspended by DMV. These can be for a number of things. These involve you not paying a court fine when it is due.
It's important to show up to court for your case. 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. A driving on a suspended license charge will subject you to probation, jail time and fines.
Other times, the California License Suspension may be related to 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.
Vehicle Code 14601.1 - Driving on a Suspended license
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;
Vehicle Code 40508 - Failure to appear in court on a traffic citation
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.]
There are many things that can go wrong when you get a California License Suspension. The most important thing is to find out why your license was suspended by DMV. These can be for a number of things. For example, 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. These involve you not paying a court fine when it is due.
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.
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.
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.
In addition to the License Suspension in California. The courts do not like you skipping out on your tickets. It is one of the ways it raises money. It will get you in one way or the other. The warrant tells law enforcement that there is an arrest warrant out for you. This means that you can get arrested at any time there is law enforcement contact. This is in the broadest sense. Even if you did not break a law you will still be exposed. For example, if you were in a car that and a passenger but the car got rear ended by no fault of the driver and police came by than the police can take you in. Bottom line is that you do not need to do anything new to get arrested. A warrant alone is enough.
The first is that your ticket will be referred to GC Services. GC services will go after you for the full amount of the ticket. In other words they will go after the maximum amount. For example, if the court was asking for 400.00 then GC services will come asking for $1400. In addition to this, the people who work at GC services are very agressive at getting you to pay over the phone. They will not tell you that there other options to handling things. You need an attorney by your side who can filter out the BS and who will look out for your best interest. You will also be facing additional charges of a failure to appear which is a misdemeanor.
In fact, if a person misses out on their court date, then the court will usually add an additional charge of failure to appear. This is a misdemeanor in itself and carries jail time and fines of up to a 1000 dollars. In addition to this, the court will also add many extra fees. Some of these fees are labeled civil assessment. These civil assessments are hefty fines in itself. They can be anywhere from 300-500 dollars.
This does not come out well for the person who missed their court date. First their license gets Suspended License in California. In addition, they are now facing misdemeanor charges as opposed to just infractions and finally the fines have more than doubled. This type of mess takes a substantial time to clean up.
There are two ways to fix your License Suspension in California. You can do it yourself or get a professional. If you want to do it yourself , you can go back to California and take care of the ticket yourself. However, you MUST make sure not to get pulled over in California as you making your way to the courthouse. In addition, depending on the courthouse you are going to, you will need to know the local rules. Some courts such as the ones in San Bernardino and Riverside will not let you walk in the same day. They will want you to come back.. In my opinion, if you you can go back to California this will involve a substantial time and money investment. Getting a pro will cost money but is worth it.
The first way is to pay the full amount. I would never do this. If your ticket was originally 350 then GC Services which are the people who will be handling your ticket will ask for around 1500-2000 for your ticket. This is absurd, but it is an option never the less.
The second way is fight the case. This will involve putting your case back on calendar and getting an abstract for the purpose of releasing your license. Once this is done, your license will be freed within 48 hours. However, you will still have to deal with fighting your ticket.
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“EAbout a year ago I made the great mistake of getting a DUI right after getting my degree as a registered nurse. At first I was apprehensive whether or not to get an attorney, because I was already in debt from med school. So I spoke to a handful of lawyers, and after speaking with Hieu, I knew right away this was the man I needed - a decision I did not regret it once..”
“Great lawyer I got 2 d.u.I.'s back to back and he managed to keep me out of jail, worked with me all the way through it and gided me through the process”
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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