QUESTION
Can I get a license suspension for driving without a seatbelt?
Asked on Apr 05th, 2012 on Criminal Law - California
More details to this question:
I have a case that has continued on since last year for DUI. I finally went to court on April 3rd, 2012. I had two separate charges on driving with a suspended/ revoked license and not wearing a seat belt. I went to court in February and the judge gave me a chance to get my license and complete my Traffic and Alcohol Awareness School. I showed my license to the judge and and he dropped one charge of 14601.1 and I was charged with an infraction for the other 14601.2. I pleaded no contest to the seat belt charge. I was just issued my restricted CA DL on March 16th 2012. I completed everything the judge ordered me to do. I came to find out that my license was ordered to be suspended on May 14, 2012 by the DMV Safety Office because of the no seat belt charge. I found out through my employer. I am at risk of getting demoted at work from my position and possibly being terminated. I do not know what to do or where this falls under. I also have at risk my military career. I am a reservist in the Army Reserve. Please help. I do have insurance and an SR-22. Also to add the restrictions on my license were scheduled to lift off as soon as my completion certificate was issued to the DMV. I just completed my program Thursday March 29th. I have a DMV hearing scheduled on Friday 13, 2012. It's for "negligent operator" I read on the DMV page about claiming hardship I am married and have a son and the only one working. What are my chances of getting my license back? Should I hire an attorney? The hearing I chose was in person I had the option to do it over the phone. Thanks please help.
4 ANSWERS
I have never heard of a driver license being suspended for a seatbelt violation. There has to be something more involved here. Before you go to the DMV hearing find out why the suspension. If you do not know how to do this contact an attorney.
Answered on Apr 06th, 2012 at 5:54 PM
Wrongful Termination Attorney serving Huntington Beach, CA
at
Nelson & Lawless
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Yes. Apparently you did already for earlier convictions, and may be facing another for the ticket you got bringing your point count over the limit. My earlier answer still applies: contact DMV to determine what they say you can do to get relicensed. Since you have a hearing coming up, you can ask then. If it is the conference regarding negligent operator suspension, you need to present whatever you have to show out of the ordinary need for your license not to be suspended.
Answered on Apr 06th, 2012 at 2:23 PM
Speeding & Traffic Ticket Attorney serving Sherman Oaks, CA
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Law Offices of Phil Hache
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Sounds like your license was not necessarily suspended because of the seat belt violation, but for having accrued too many DMV points over the course of a short period of time (ie, 12 or 18 months). Since your license is so valuable to you, I would recommend having an attorney handle the dmv hearing for you.
Answered on Apr 06th, 2012 at 12:52 PM
You should definitely hire a DUI/DMV specialist to conduct your negligent operator hearing. Doing the hearing by yourself is a sure way to lose your license. The average person and even most attorneys aren't familiar with how a DMV hearing, which is highly technical, works.
Answered on Apr 05th, 2012 at 8:03 PM