Despite being a crucial aspect of daily life, not a lot are familiar with the California vehicle code. Some believe that a drunk, intoxicated, negligent, or reckless motorist will right away have his or her license suspended revoked. Some think that such a license will be canceled forever as punishment. To help clear things about these matters, below are ten common questions on driving on a suspended license:
1) For what reason will my driver’s license be suspended in California?
There are numerous reasons why your license could be suspended. If you have been charged with driving under the influence of DUI, or have been involved in a hit and run accident, you could be facing a suspension.
2) How about a traffic offense that led to a ticket?
Keep in mind that your actions as a motorist shall be according to traffic laws. Depending on the actual circumstance, if you fail or actively refuse to pay fines and penalties for a traffic ticket, these unsettled tickets could also lead to a suspension.
3) What about habitual offenses?
It is unlikely that you will face license suspensions and be charged with a misdemeanor for a speeding ticket that you eventually settled. However, being a habitual offender or disregarding traffic tickets from previous traffic violations is a different story.
4) Aside from not being able to comply with the vehicle code, are there other reasons?
Under the relevant statute, not being able to appear in court, missing a hearing, or failing to fulfill probation terms can also lead to the suspension of a license and the driving privileges that come with it. Refusing to pay child support can also lead to a suspended driver’s license of the offender.
5) Will the above lead to misdemeanors?
Driving while suspended is generally considered a misdemeanor criminal offense. When facing a license suspension, do not attempt to interpret a court order and deal with criminal charges by yourself. It is recommended that you consult with a reliable criminal defense lawyer as soon as you can.
6) How will the above proceeding go?
If you were caught driving on a suspended license, the district attorney shall file a criminal complaint against you. Attend court hearings with your defense lawyer and if the prosecutor summons you, make sure to appear in the concerned criminal court.
7) What if I fail to do so?
Depending on the offenses cited and the actual traffic citation, you could be arrested and punished for both driving while your license is suspended and for failure to appear in court. As would be explained by your criminal defense lawyer, showing up is a crucial step if you want to avoid jail time.
8) Is it possible to reduce or avoid the consequences of the charges?
Through the help of a defense attorney who specializes in traffic violation and misdemeanor cases, such is possible. Depending on the actual circumstance, your defense strategy, and how your criminal defense attorney will handle the proceedings, you could avoid conviction and even have your case dismissed.
9) Is reinstating a suspended license possible?
Reinstatement is not easy but is not impossible. License reinstatement would not be as difficult if you follow the legal process carefully. In general, the first step to have your license reinstated is to contact the Department of Motor Vehicles (DMV) on how to have holds removed from your record.
10) What else do I need to prepare for my license restoration or reinstatement?
Submit to the California DMV all of the required paperwork and pay applicable reinstatement fees. The DMV office will then reinstate your driver’s license within standard processing times. Issuance of the new license card often takes several weeks, but a temporary document would be provided.
In case your driver’s license has been suspended and you still drove your vehicle, contact a lawyer who specializes in criminal and driving law. With legal help from the right people, you can avoid being charged with a grave offense by paying the fines and penalties. Not a lot are aware that the court allows an individual to make use of a payment plan.
One basic advice given by some is to not do anything unlawful or improper if you do not want law enforcement to suspend (or revoke) your license to drive or to operate a motor vehicle. This is, of course, easier said than done. Driver’s licenses may be suspended for driving laws that were violated for several reasons. In most instances, dealing with license suspension and driving while your license is suspended is not as simple as it may seem.
If you find yourself in such a circumstance, seek legal assistance to avoid further damaging your driving record and criminal record. Talk to us at the Law Offices of Marc Grossman for a free consultation. Call 855-5664-911 today.