REAL LIFE QUESTIONS FROM INDIVIDUALS WITH SUSPENDED LICENSES

Q:  How long does a DUI stay in the DMV records if you did not pay the fine?  

I got a DUI in California in 2004 but did not pay the fine. I live in Arizona now but can't get a drivers license here because of that. Is there a statute of limitations to this?

A:  The Driver License Suspension is indefinite until the warrant on your case is recalled.

In California, If you failed to complete any of the court order requirements, such as paying a fine to the court, you have violated the terms of your probation, since one of the terms was to pay your court fine and you have a Failure to appear "FTA" and DMV hold on your license.

A DMV "Hold" is in essentially a Suspended Driver's License.

Its the equivalent to an arrest warrant, meaning the driver license suspension never goes away on its own. There is no statute of limitations to a license suspension due to a warrant.

In order to get the "DMV hold" remove, you'll have to go into to court, see a judge, and get the FTA and/or warrant cleared.

Please realize that since you're in violation of your probation, the judge has the authority to take you into custody and put you in jail. There are certain courts with certain judges who will do this to a defendant, so be careful.

You can hire an experienced suspended license attorney to recall the warrant for you. Call an experienced California Suspended License Attorney at  877-717-2889.

Q:  What is the penalty for having 2 driving on a suspended license convictions?

I have just got my second driving on a suspended license ticket in California.  What is going to happen to me?

A:  The consequences depend on what you ultimately plead guilty to in court.

If you are being charged with a Vehicle Code Section 14601.2, "Driving on a Suspended License" if convicted, its a mandatory 10 days jail time and a violation of probation, if you are on either formal or information probation.

 If you hire an experienced suspended license attorney, they may be able to work out a deal to revoke and reinstate your driver's license and hopefully negotiate a plea to a lessor charge such as "driving without a license". I've worked on such cases before. If you need an attorney, call 877-717-2889 and I'll speak to you regarding your California Suspended License.

Q:  I got pulled over with a suspended license from DUI, what am I facing?

I was pulled over recently for not stopping completely at a stop sign. and the CHP gave me a ticket for driving with suspended license and for failure to stop at stop sign. He didn't  tow my car. He also gave me a notice of suspension, it was my first one. What am I facing? What can i do about this situation? 

A:  If you are convicted of Driving on a Suspended License Due to a DUI, VC 14601.2, you could be facing 10 days jail, fines, and a violation of your terms of probation of your DUI.

You need to speak to an experienced attorney immediately.  By driving on a suspended license, you have violated one of your DUI's terms of probation.

An experienced attorney may be able to get the charges reduced or even dismissed without you suffering jail time.  Call 877-717-2889 to speak to an experienced California Suspended License attorney.

Q: Drivers license reinstated in California? 

I recently got a DUI in April finished all my dui/alcohol classes got an SR22 and took that to the DMV in Hollywood they said that i could get my full license back on October 7th (exactly 6 months after it was suspended) although it says to get your full license back on the California DMV website you only have to wait 4 months which would have been August 7th for me but i got a letter from the DMV in the mail today saying "your privileged to operate a motor vehicle is REINSTATED effective September 9, 2010. does this mean that i can drive again? or do i have to wait until October 7th? thanks for your help!

The letter from the DMV i received did not say my license was restricted or "conditional" though so because it says on the California DMV website that first time DUI offenders only have to wait 4 months to get it back with full privileges which is long over I am assuming that i can drive fully now?

A: Here, is an example of where DMV and Court law conflicts. This is going to be a confusing answer, so bare with me.

This is a very very good / interesting question..

Most people are so confused about the entire process, they don't bother to question why their license is restricted for so long...So bare with me, this is as confusing as it seems and good luck finding a DMV employee who knows the process well enough to answer it for you. 

What you are experiencing is the battle between the court's jurisdiction and the DMV. In California For a over 21 years old first offense without refusal, you fail to contact DMV within 10 days or contact DMV and lose the DMV hearing, your license will be suspended for 4 months. You can choose apply for a restricted license which would then give you 30 days of a suspension followed by 5 months of a restricted license. But lets say you win the DMV hearing and DMV doesn't take your license for 4 months.

However, if you plead guilty in court for a DUI. Seeing that you were convicted, DMV would suspend your license for 6 months whereby you would be immediately eligible for a restricted license. But lets say you didn't contact DMV and your license immediately suspends, but you don't plead guilty in court, for whatever reason, till 10 months after the arrest. In that circumstance, you would have spent either 4 months of a hard suspension for the 30 day plus 5 months restricted you'd get from DMV along with an ADDITIONAL 6 MONTH restricted license due to the court conviction.

So, for you, LOOK AT THE DAY YOUR LICENSE STARTED TO SUSPEND, and the Date you plead guilty in court. Example: Arrested on January 1, 2010, license began to suspend January 30, 2010 for 4 months, which would make you eligible for full reinstatement on around May 1, 2010. Now, factor in the fact you plead guilty on March 1, 2010, You'll be eligible around September 1, 2010 for full reinstatement of your driver's license. Thus, making the entire action against your license from January 30, 2010 to September 1, 2010.

Had you plead guilty in court THE EXACT SAME DATE YOUR LICENSE BEGAN TO SUSPEND, or under this example, January 30, 2010, you'd be eligible to get full reinstatement around August 1, 2010. REALLY CONFUSING, right? And that's only for a First Offense DUI. 

This is a prime example of why a DUI attorney can be extremely helpful during your DUI case. If the attorney expects a suspension and court conviction, we try to correlate the suspension dates as much as possible so that our clients can get their full reinstatement of their license as soon as humanly possible.