QUESTION
What should I do if I was charged for driving under a suspended license one year after my DUI suspension date passed?
Asked on Feb 22nd, 2013 on DUI/DWI - California
More details to this question:
I was pulled over and charged for driving on a suspended license. I was convicted of a DUI two years ago and was sentenced to 1 year license suspension (under 21). What I wanted to know is that since my license suspension has been up for a year, did the officer charge me for the wrong offense? Shouldn't it be a driving without a license (a much less serious offense)? Couldnt it be thrown out since he charged me for something different? I did not pay the reinstation fee for the dmv and I live in California.
5 ANSWERS
Driving on a suspended license is a misdemeanor. Most judges will give you time to get a license. If you are able to get the license and show, it to the judge and it will be reduced to driving without a license which is an infraction.
Answered on Feb 27th, 2013 at 2:23 PM
Criminal Defense Attorney serving Oakland, CA
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Kapsack & Bair, LLP
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If you failed to reinstate your license following the suspension period, it remains suspended. You must pay the reinstatement fee and jump through the other hoops required by law. Your attorney should have helped you through the process of reinstating your license. A DUI attorney can help you get reinstated and likely help you avoid the driving on a suspended license charge (and conviction).
Answered on Feb 26th, 2013 at 2:19 AM
Criminal Defense Attorney serving Alhambra, CA
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Francis John Cowhig
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You had a license and it was suspended. The officer charged you with the correct offense. If you are eligible to have your license reinstated, I suggest that you do that immediately. It may make a difference when you go before a judge.
Answered on Feb 25th, 2013 at 9:10 PM
Criminal Law Attorney serving Fremont, CA
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Steven J. Alpers, A Professional Corporation
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Assuming you were arrested in CA, most DA's will reduce the fine and the charge if you get your license reinstated.
Answered on Feb 25th, 2013 at 5:53 PM
Wrongful Termination Attorney serving Huntington Beach, CA
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Nelson & Lawless
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You can argue this subtlety to the judge all you like, but your best option is to get re-issued by DMV, so you can show that to the judge and plead for leniency.
Answered on Feb 25th, 2013 at 5:52 PM