What can I do if I got a ticket for driving with a suspended license? 13 Answers as of January 24, 2011

About 3 months ago I got arrested for driving under the influence of alcohol. I went to court and requested a second testing on the blood sample they took the day i got arrested. I have to go to court on Feb. Yesterday I got stopped by a cop because my tags were expired, but got a permission from the DMV to drive my truck to move it only for that day, but still got a ticket for driving with a suspended license. Since I have not yet being convicted for the DUI when I got the ticket, what is more likely to happen? This is in California.

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Law Office of Joseph A. Katz
Law Office of Joseph A. Katz | Joseph A. Katz
It would be best for you to call an experienced DUI attorney in your jurisdiction. The fine for 'Driving on a Suspended License' is very high (>$1,200). It can be reduced down to an infraction, as in your case, because you license was not restricted as a result of a DUI conviction. I need more information to advise you. Did you request a DMV Admin Per Se Hearing? Were you still driving on a temporary license? Were you in the mandatory 30-Day suspension period prior to when you can get a restricted license for the duration of your 4-month suspension? These are all important points that may help you to avoid another misdemeanor conviction. The fact that the DMV gave you a one day permit to move the vehicle is persuasive that you license was valid on the day you applied for that permit and would still be valid when you proposed to move the vehicle. This can all be negotiated with the District Attorney.
Answer Applies to: California
Replied: 1/24/2011
Law Offices of Ryan P. Murphy
Law Offices of Ryan P. Murphy | Ryan P. Murphy
For you to keep driving while the DUI is pending, you need to request a DMV Hearing within 10 days from the date of arrest. If you did not, your license was suspended by the DMV. It does not matter that you have not been convicted of a DUI in the Criminal Court if you did not request a DMV Hearing.

As far as the Misdemeanor charge of driving on a suspended license for prior DUI related activities, you need to show the judge your documentation from the DMV that states you could drive the truck. If the documentation is for your registration without a temporary license, you need to hire a DUI Attorney to help you out.

At your next court appearance, be prepared to go into custody or post a bond.

Should you have any questions or concerns, feel free to contact my office at your earliest convenience.
Answer Applies to: California
Replied: 1/21/2011
The Law Offices of Robert L. Driessen
The Law Offices of Robert L. Driessen | Robert L. Driessen
I am unaware of the one day restriction that you claim to have from the DMV. If that what you had was valid from the DMV then you can present that as evidence to show you were not driving on a suspended license. Typically the DMV will suspend your license after a DMV hearing or if you fail to request one within 10 days. Until you get either a valid license or a restricted license from the DMV you will be charged with a 14601.2. That charge has a 10 day mandatory jail time requirement. I would suggest speaking with an attorney and have them review the paperwork you received from the DMV that allowed you to drive for that one day.
Answer Applies to: California
Replied: 1/21/2011
Law Office of Andrew Roberts
Law Office of Andrew Roberts | Andrew Stephen Roberts
While I can be certain, based on the facts stated, it would appear that even though you court case was pending, the DMV suspended your license because of the DUI. Therefore , when you were stopped you were driving with a suspended license. Driving with a suspended license due to a DUI carries with it a mandatory jail term. I would suggest you contact an attorney right away to help you through this.
Answer Applies to: California
Replied: 1/21/2011
Law Office of Joe Dane
Law Office of Joe Dane | Joe Dane
If you did not contest the DMV suspension of your license within 10 days of your arrest, they suspended your license. Until you jump through their hoops to get it reinstated, it will remain suspended.

You're likely looking at a violation of 14601.5. There are fines, but typically jail time is not imposed on a first offense, although it carries a possible maximum of 6 months in county jail. If you don't already have an attorney for your DUI case, I'd start looking for one to handle both cases for you.
Answer Applies to: California
Replied: 1/20/2011
    Law Office of Jeff Yeh
    Law Office of Jeff Yeh | Jeff Yeh
    First of all, you cannot get permission from the DMV to drive for a day. Second, since your suspension likely arose from not requesting or losing a DMV Hearing, you can be prosecuted for driving on a suspended license (VC 14601.2 or 14601.5) even when your court case is still pending. Try to get an attorney to help you, because the minimum jailtime for a 14601.2 is 10 days in county jail. If your lawyer can obtain some kind of reduction or even a dismissal, that would help your sentencing exposure. Also, note that if you were to be convicted of driving on a suspended license before the DUI resolves, then a DUI plea would result in a probation violation for the driving on a suspended license conviction (most of the time the prosecutor will put you on probation). Alternatively, if you are convicted of a DUI first, then you plea to a driving on a suspended license charge, the latter would violate the former's probation. Consider hiring a DUI specialist to help you with both cases. Timing and proper maneuvering are paramount.
    Answer Applies to: California
    Replied: 1/20/2011
    Mettias & Associates
    Mettias & Associates | Jimmy Philip Mettias, Esq
    Thank you so much for your good question. Sounds like this has many different aspects to it and it is my recommendation that you seek out an attorney would be able to assist you with this matter. Because of strict laws regarding online legal advise, I would like to see about scheduling an appointment for you to come meet with one of the very qualified attorneys. Of course this is at no cost to you!

    Please feel free to email me directly or call the office for an appointment. We look forward to assisting you in this matter!
    Answer Applies to: California
    Replied: 1/20/2011
    Law Office of Thomas F. Mueller
    Law Office of Thomas F. Mueller | Thomas Mueller
    You haven't settled your court case yet but you are probably still in the middle of your admin per se suspension. You probably do not have a drivers license and can't drive until you have served 4 months suspension. For more info or to retain our firm call.
    Answer Applies to: California
    Replied: 1/20/2011
    Desert Defenders
    Desert Defenders | John Jimenez
    You may be charged with a separate violation of Vehicle Code section 14601, driving on a suspended license. This would be handled separately from the DUI case. There are several defenses to driving on a suspended license. You should hire a good attorney to defend you in these matters.
    Answer Applies to: California
    Replied: 1/20/2011
    West Themis Law, A Professional Law Corporation
    West Themis Law, A Professional Law Corporation | Sally S. Chan, Esq.
    Do you currently have an attorney? If so, please advise your attorney of this situation so that this matter can be worked out.

    The crucial factors to consider now is whether you DUI has matters to deal with, such as motions to suppress, etc.

    If it is clear that there is no realistic avenue to fight your case, a plea will likely need to be worked out. And, it may be possible to wrap the issues together.
    Answer Applies to: California
    Replied: 1/20/2011
    Nelson & Lawless
    Nelson & Lawless | Terry Nelson
    As that is a misdemeanor, you potentially face up to 6-12 months in jail plus fines. That is actually not likely to be imposed unless there are really aggravating circumstances. I assume your license was suspended by DMV for getting the DUI. The judge and DA will not be thrilled with you driving, especially since the suspension was for DUI. Effective plea-bargaining, using whatever defenses and sympathies you may have, could possibly keep you out of jail, or at least dramatically reduce it, depending upon all the facts and evidence, and your rap sheet and priors. Not exactly a do it yourself project in court for someone who does not know how to effectively represent himself against a professional prosecutor intending to convict you. If serious about hiring counsel, feel free to contact me. Ill be happy to help you use whatever defenses you may have. If you can't afford private counsel, apply for the Public Defender.
    Answer Applies to: California
    Replied: 1/20/2011
    Dennis Roberts, a P.C.
    Dennis Roberts, a P.C. | Dennis Roberts
    When you first got the ticket the DMV suspends you for 6 months. This starts a month after the arrest. Then you can go one more month and get a to and from temp license to go to work and DUI program. The judge will NOT be happy with you.
    Answer Applies to: California
    Replied: 1/20/2011
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