QUESTION
What actions can I take if my license was suspended without notice?
Asked on Jul 30th, 2011 on DUI/DWI - California
More details to this question:
I was wondering if I could proceed with a Civil Lawsuit against the DMV or the CHP. About a week ago I was applying for a drivers job working for the post office. When I printed my driving record it said that my license had been suspended since january 22 for a DUI. I never got a letter in the mail stating that my license had been suspended. Also I have never been pulled over or arrested for a DUI. I went to the CHP station were the DUI took place and talked to some officers. They said that it was going to take sometime to get that off my record. The job deadline I was applying for has passed and I was not able to apply. I also have an Exam for the California Department Of Corrections on the 10th of Aug but im worried I wont be allowed to take the exam. This will cause me to lose my application and I wont be able to apply until next year.
6 ANSWERS
Anthony Lowenstein
It depends on several factors.
Answered on Aug 04th, 2011 at 9:42 AM
Criminal Trial Attorney serving San Jose, CA
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Law Office of Thomas F. Mueller
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If the DMV was negligent they may be sued. However there are technical rules that must be followed. Better talk to a lawyer who has some experience suing public entities.
Answered on Aug 03rd, 2011 at 1:03 PM
It appears that someone used your information to attempt to get out of a DUI. The good news is that in almost all DUI cases an individual is booked in the station so it will be easy for the police to determine that it was not you how received the DUI. I would in addition to what you have already done is go to the DA's office and file a police report that someone has used your name in the commission of a crime.
Answered on Aug 03rd, 2011 at 6:22 AM
Drivers License Suspension Attorney serving Redlands, CA
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Law Offices of Matthew Murillo
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There may have been an error on a police report, some probably wrote down the wrong digit or something like. Keep tabs on the police department and contact the DMV. Matthew Murillo, Attorney at Law Sent from my iPad. Please excuse any typos.
Answered on Aug 02nd, 2011 at 7:11 AM
You can sue, but the chances of you winning in a civil case is about the same as winning the California Super Lotto Plus. You need to concentrate on clearing this up instead.
Answered on Aug 02nd, 2011 at 5:28 AM
Wrongful Termination Attorney serving Huntington Beach, CA
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Nelson & Lawless
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No, you cant sue. You can try to get the record corrected with both the court and DMV. If you were never stopped for DUI, then there is a misidentification problem of someone elses record being assigned to you. You and your attorney will have to go to the convicting court and show proof of your ID, to get a court order correcting their records, and an abstract of correction to submit to DMV. Yes, it will take time. The sooner you start, the better.
Answered on Aug 01st, 2011 at 12:52 PM