What can I do if I the DMV should have reinstated my license and I was charged with driving on a suspended license? 9 Answers as of January 26, 2011

The DMV did not reinstate my California Drivers License on the date their Reinstatement Letter indicates (9/17/09). In May 2010, I had my car towed for driving on a suspended license. What can I do?

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Nelson & Lawless
Nelson & Lawless | Terry Nelson
Hire an attorney. Defend the new criminal charges with whatever evidence you have that your license was not actually suspended, and thus try to get the charges dismissed, or at least reduced to driving without license in possession, which is just an infraction, instead of a misdemeanor. Call me if serious about getting counsel on this.

As to the tow. You are stuck with the bill. Its not the fault of the police you had no license. Its not the fault of DMV you drove before getting the license in the mail. You can use the cost as a sympathy factor in the criminal defense.
Answer Applies to: California
Replied: 1/25/2011
Law Office of Peter F. Goldscheider
Law Office of Peter F. Goldscheider | Peter Goldscheider
It is not clear if you are charged with an offense now or not. If so take the letter of reinstatement to the Da and they will likely dismiss the charges. If you car was merely towed take the letter to the police department and explain that you believed you had a valid license at the time of the driving.
Answer Applies to: California
Replied: 1/25/2011
The Law Offices of Robert L. Driessen
The Law Offices of Robert L. Driessen | Robert L. Driessen
You actually have to pay the DMV money prior to the license being reinstated. Failure to pay the DMV will mean the license is still suspended. You are being charged with a 14601.1 and should hire an attorney to assist you.
Answer Applies to: California
Replied: 1/24/2011
Law Office of Joseph A. Katz
Law Office of Joseph A. Katz | Joseph A. Katz
You might be able to apply for reimbursement from the city for the towing charges. You need to make sure that you did not need to go to the DMV and pay a fee for a license reissuance. I would need more information to advise you. I would like to see the letter from the DMV. Check with the DMV. You might have a great defense to the 'Driving on a Suspended License' charge (VC 14601.2), which carries a fine of about $1,200. You should call an experienced Attorney, preferably in your County.
Answer Applies to: California
Replied: 1/24/2011
Law Offices of Lawrence Wolf
Law Offices of Lawrence Wolf | Lawrence Wolf
Fight it. You have a strong defense. Give us a call.
Answer Applies to: California
Replied: 1/24/2011
    Law Offices of Ryan P. Murphy
    Law Offices of Ryan P. Murphy | Ryan P. Murphy
    I believe the issue might be whether you payed the reissue fee, filed special insurance if needed, and took care of anything else to lift a hold on your license. Usually, the DMV does not reinstate your driver's license. You need to go down to the DMV and figure out why your driver's license is suspended. When people hire my firm, we call the DMV for our client's and advise them what needs to be done.

    Should you have any questions or concerns, feel free to contact my office at your earliest convenience.
    Answer Applies to: California
    Replied: 1/24/2011
    Law Office of Jeff Yeh
    Law Office of Jeff Yeh | Jeff Yeh
    The DMV will not automatically reinstate your license. You must go to DMV and pay a reinstatement fee, among other things. Driving on a suspended license is something that has to be dealt with in court. Also, remember that you have 48 hours to request an impound hearing (if your car was impounded). Considering hiring an attorney familiar with the vehicle code to help you out.
    Answer Applies to: California
    Replied: 1/24/2011
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