How can I get my license back and possibly beat the misdemeanor charge? 9 Answers as of June 08, 2011

My failure to appear resulted in my license being suspended. I have to go to court for California code: 14601.1 VC drivers license suspended which is a misdemeanor as well as 27315(d) VC no seatbelt and 4000(a) VC exp reg. (my current truck) the original ticket was a registration ticket and a fixit ticket for an old truck that won't pass smog and I am attempting to sell. I did not know I had a suspended license; I received no notice in the mail informing me of this. My question: how can I get my license back and possibly beat the misdemeanor charge?

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Law Office of Thomas F. Mueller
Law Office of Thomas F. Mueller | Thomas Mueller
It is possible to get the 14601 charge dismissed, but the D.A. will usually fight you over it. It may be time to invest in a good lawyer. We find that Tom Mueller does a good job on those cases.
Answer Applies to: California
Replied: 6/8/2011
Nelson & Lawless
Nelson & Lawless | Terry Nelson
By showing up at court with proper proof of correction of all the expired tag and similar issues, by negotiating a plea bargain with the DA on the warrant, and criminal and traffic charges, or by going to trial if necessary and appropriate, by paying all the fines and doing any jail time ordered. When all that is done, the court will give you a release for DMV to re-issue. If you don't know how to do these things effectively, then hire an attorney that does, who will try to get a dismissal, diversion program, reduction or other decent outcome. If serious about hiring counsel to help you in this, and if this is in SoCal courts, feel free to contact me.
Answer Applies to: California
Replied: 6/7/2011
Law Office of Eric Sterkenburg
Law Office of Eric Sterkenburg | Eric Sterkenburg
Go to court and explain what happened. If you pay the fines and show you can get a license you should get the suspended reduced to driving without.
Answer Applies to: California
Replied: 6/7/2011
Law Office of Maureen Furlong Baldwin
Law Office of Maureen Furlong Baldwin | Maureen Furlong Baldwin
You mention you did not have notice your license was suspended? The prosecution must prove that they mailed notice to you and it was not returned unclaimed, or that an officer actually notified you. If you go to traffic court first to cure your other violations, you should be able to get your license back. Most of the time, the DA will give you an infraction or a "no points" misdemeanor upon proof of a current valid license. Depends again on the jurisdiction.
Answer Applies to: California
Replied: 6/7/2011
Law Office of Geoffrey M. Yaryan
Law Office of Geoffrey M. Yaryan | Geoffrey M. Yaryan
You can beat the 14601.1 only if the prosecution cannot prove you were driving with a suspended license, or there is some issue as to the legality of the traffic stop.You have to take care of all the violations by appearing in court or paying the necessary fines to get your license back.
Answer Applies to: California
Replied: 6/7/2011
    Alanna D. Coopersmith, Attorney at Law
    Alanna D. Coopersmith, Attorney at Law | Alanna D. Coopersmith
    An element of the VC 14601.1 charge is knowledge by the defendant that his/her license was suspended. If they can't prove that you were informed (i.e. that you got the papers), you should be found not guilty.
    Answer Applies to: California
    Replied: 6/6/2011
    Law Office of Andrew Roberts
    Law Office of Andrew Roberts | Andrew Stephen Roberts
    I handle these matters everyday. Depending on the court, I can get the hold lifted so you can get your license back and deal with the pending charges. Give me a call if you have any questions.
    Answer Applies to: California
    Replied: 6/6/2011
    San Diego DUI Law Center
    San Diego DUI Law Center | Rick Mueller
    Because you did not know you were driving on a suspended license, the prosecutor should not be able to prove beyond a reasonable doubt that you knowingly drove on a suspended license. The best forms of knowledge are personal service via a peace officer serving you a notice of suspension or certified mail proving receipt of an order of suspension but I suspect they have neither. Go to the DMV and order a long print-out of your driving record. There are codes there showing whether service was personal or by mail. It's likely the latter and they have no proof you received anything by mail (assuming you did not admit driving on a suspended license, which appears to be the case). While at the DMV, they will tell you what you need to do to reinstate. Perhaps it's something as simple as paying a reissue fee or clearing a previous Failure to Appear or Failure to Pay on a previous citation. Once you get your license back, bring it to court and have your attorney use it to get the charges dismissed. Hope this helps.
    Answer Applies to: California
    Replied: 6/6/2011
    Law Office of Jeff Yeh
    Law Office of Jeff Yeh | Jeff Yeh
    An experienced lawyer may be able to reduce the 14601.1 to a 12500(c). The attorney would work with you in sorting to the various infractions you have which are hindering your ability to get your license un-suspended.
    Answer Applies to: California
    Replied: 6/6/2011
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