What will happen if I am just now being called to court for an MIP after getting two driving on a suspended license convictions? 9 Answers as of January 22, 2011

Will they try and suspend my license for a year for something that happened 3 years ago? What should I do? Just show up and plead guilty for the judge, tell him my story and hope he doesn't suspend my license?

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Law Offices of Ryan P. Murphy
Law Offices of Ryan P. Murphy | Ryan P. Murphy
I would need more facts to advise you on what to do. For example, if the District Attorney's Office knew where you lived for the past 3 years and did not try to contact you, your case has a good chance getting dismissed.

The two convictions for driving on a suspended license should have taken away your right to drive for a longer period of time. If you enter a plea to a MIP, you will loose your right to drive for an additional 1 year even if you are over 21 now.

Usually, the judge does not suspend your license unless the court finds you a habitual traffic offender. The DMV has the jurisdiction over your license and suspends your right to drive in California. Should you have any questions or concerns, feel free to contact my office at your earliest convenience.
Answer Applies to: California
Replied: 1/22/2011
Dennis Roberts, a P.C.
Dennis Roberts, a P.C. | Dennis Roberts
Well, first I have no idea what an mip is. (oh, is that a minor in possession - were you driving at the time of arrest? More important, if you already have two convictions for driving on a suspended license, you are in deep doo doo if you are still on probation for the no license convictions. It is one of those misdemeanors where the legislature requires some time to be served so having your license suspended for even more time should be the least of your worries.

This is a case where I would certainly want an attorney and if you can't afford one, go with the public defender. You cannot afford to go into court and plead guilty without representation and without an agreement from the d.a. as to what will happen. You can't do that, only a lawyer can. Good luck.
Answer Applies to: California
Replied: 1/21/2011
Law Office of Jeff Yeh
Law Office of Jeff Yeh | Jeff Yeh
The Judge has no saying on what happens to your license. The way it works is, once you are convicted in court, an abstract of the conviction is sent to the DMV, and the DMV will take action independently, regardless of whatever the Judge says or doesn't say. Consider getting a lawyer who is familiar with the vehicle code to represent you in court. That way, you can be competently advised on the consequences of any plea, which charges to avoid...etc.
Answer Applies to: California
Replied: 1/21/2011
Nelson & Lawless
Nelson & Lawless | Terry Nelson
If you plead guilty, he will have no incentive but to sentence you as the law provides, including any suspensions defined. When arrested and charged with any crime, the proper questions are, can you be convicted, and what can you do? Defend the charges. Go to court, enter a not guilty plea, set up and attend the court hearing[s] and trial date[s]. File evidence suppression or other motions as applicable. Raise all the available defenses with whatever admissible and credible witnesses, evidence and facts are available for legal arguments for motions, diversion, plea-bargaining, or at trial. Go to trial if it can't be resolved with motions or a plea bargain. There is no magic wand to wave and make it all disappear. If you don't know how to do these things, then hire an attorney that does, who will try to get a dismissal, diversion, reduction or other decent outcome through plea bargain for you, or take it to trial. If serious about doing so, and if this is in SoCal courts, feel free to contact me. Ill be happy to help you use whatever defenses you may have. If you can't afford private counsel, you can apply for the Public Defender.
Answer Applies to: California
Replied: 1/21/2011
Law Office of Joe Dane
Law Office of Joe Dane | Joe Dane
It's not up to the judge to suspend your license or not - it's the DMV you have to worry about. A conviction for this offense can result in a one year license suspension. Given the age of the case, there may be something your attorney (yes, you need one) can work out to avoid the suspension (and potentially the whole charge).
Answer Applies to: California
Replied: 1/21/2011
    Law Office of Andrew Roberts
    Law Office of Andrew Roberts | Andrew Stephen Roberts
    You failed to sate why you received to driving on suspension licenses- and what they were for. I believe you should hire an attorney to help you sort this out. Your license is in jeopardy.
    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
    Hire an attorney to assist you. MIP has a mandatory year driver's suspension.
    Answer Applies to: California
    Replied: 1/21/2011
    Law Offices of Phil Hache
    Law Offices of Phil Hache | Phil Hache
    You are just being brought in for a first arraignment for something you were cited on/arrested 3 years ago? If that's the case, I would talk to an attorney in more detail before entering any kind of plea. And generally speaking, if there is a conviction on a Minor in Possession charge, the DMV will suspend your license. What Court is your case in? When were your Suspended license convictions? Are you currently on probation on those charges? Call me or you can see my office info at my website if you would like to discuss in more detail.
    Answer Applies to: California
    Replied: 1/21/2011
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