?? About Driving with restricted license in California

[calidui]

What is the name of your state (only U.S. law)? California

I got a dui a few months ago. I am still attending the classes and just got my restricted license back.
The only issue is I am not currently working so my restricted license is practically useless.
If I drive around during the day on a basic trip to the grocery store and get pulled over, is it likely the cop will bust me? Could I just lie and say I am heading to work? If he decides to write me up what kind of penalty am I looking at?

If I am doing a cash job off the books, like handy work would this be a legitimate excuse?

If I need to take care of a sick parent a few times a week is there any type of waiver that would allow me to drive to their home?

ThanksWhat is the name of your state (only U.S. law)?

[Zigner]

Originally Posted by calidui

What is the name of your state (only U.S. law)? California

I got a dui a few months ago. I am still attending the classes and just got my restricted license back.
The only issue is I am not currently working so my restricted license is practically useless.
If I drive around during the day on a basic trip to the grocery store and get pulled over, is it likely the cop will bust me? Could I just lie and say I am heading to work? If he decides to write me up what kind of penalty am I looking at?

If I am doing a cash job off the books, like handy work would this be a legitimate excuse?

If I need to take care of a sick parent a few times a week is there any type of waiver that would allow me to drive to their home?

ThanksWhat is the name of your state (only U.S. law)?

You should figure out the local public transportation system.

[seniorjudge]

Originally Posted by zigner

you should figure out the local public transportation system.

....
Yep
....

[CdwJava]

Originally Posted by calidui

If I drive around during the day on a basic trip to the grocery store and get pulled over, is it likely the cop will bust me? Could I just lie and say I am heading to work? If he decides to write me up what kind of penalty am I looking at?

You could lie ... but if you get caught in the lie, expect the officer to tow the car for 30 days.

As for punishment, CVC 14601.2(d)(1) says:

Upon a first conviction, by imprisonment in the county jail
for not less than 10 days or more than six months and by a fine of
not less than three hundred dollars ($300) or more than one thousand
dollars ($1,000)

Per the state recommend bail and fee schedules, the total mount can be upwards of $1,900 and 2 more points against your license (and that is assuming only a base fine of $500).

If I am doing a cash job off the books, like handy work would this be a legitimate excuse?

Possibly. One would hope that you could prove you were going to work if need be. Some officers will make inquiry, others won't.

If I need to take care of a sick parent a few times a week is there any type of waiver that would allow me to drive to their home?

Probably. I'm not sure that that might be aside from a judge's order. You can check with the DMV and see if they have some idea. In the meantime, perhaps you should consider arranging a ride to check on the parent, or take a cab.


- Carl

[BigMistakeFl]

Hardship means just that. You must stay within the restrictions or else. Maybe it's more lenient in CA, but in my state, no excuse will get accepted.... not a sick parent, not going to the doctor's office, nothing except exactly what your restrictions state.

[InsaneJane]

Originally Posted by BigMistakeFl

Hardship means just that. You must stay within the restrictions or else. Maybe it's more lenient in CA, but in my state, no excuse will get accepted.... not a sick parent, not going to the doctor's office, nothing except exactly what your restrictions state.

There is some good advise here. Do not be outside the restrictions. I've never seen CA's restriction application, but if it says that you must inform them of changes in employment; Then you must.
I would highly recommend drawing up a contract between you and the sick parent stating that they agree to pay you ~$10/hr for helping them out. Date it, make copies, and send one of the copies to yourself. Write your address on the glued side and place the stamp right on the glued seal. Don't open it when it arrives in your mail box. The letter will be stamped w/ date on the stamp and seal. If you do end up in court; then you can present that to the Judge as proof that you were working and the date on the sealed envelope proves that what is in the envelope was writen before the date on the stamp.
This solution cost around a buck and should only be openned by the Judge.

If the doc is real important: Then I send it certified and glue the postal slip over the sealling side of the envelope so that it can't be tampered with prior to being handed to the Judge.

[FlyingRon]

Do not listen to Jane. This goofball mail-your-self envelope NEVER works for anything.
If you have legitimate care issues go back to the court that issued your restrictions and get your restrictions amended.

[outonbail]

Originally Posted by InsaneJane

There is some good advise here. Do not be outside the restrictions. I've never seen CA's restriction application, but if it says that you must inform them of changes in employment; Then you must.
I would highly recommend drawing up a contract between you and the sick parent stating that they agree to pay you ~$10/hr for helping them out. Date it, make copies, and send one of the copies to yourself. Write your address on the glued side and place the stamp right on the glued seal. Don't open it when it arrives in your mail box. The letter will be stamped w/ date on the stamp and seal. If you do end up in court; then you can present that to the Judge as proof that you were working and the date on the sealed envelope proves that what is in the envelope was writen before the date on the stamp.
This solution cost around a buck and should only be openned by the Judge.

If the doc is real important: Then I send it certified and glue the postal slip over the sealling side of the envelope so that it can't be tampered with prior to being handed to the Judge.

Jane, I don't want you to think I'm "flaming" you, but you must stop with these hair brained replies you come up with.
The purpose of this site is not to advise people how they can try to circumvent the law.

If you continue to post your "get out of jail free/how to beat the system" ideas, under the presumption of being valid legal advise, you're going to end up getting people into more legal trouble than they already have and for which they have come to this site seeking legitimate advise.

Please, if you must post, at least use the site's search engine first and see if you can find some accurate information in the archives to post. Doing so will probably help and get you a pat on the back to boot!

Or, if you must post this babble advising an OP how to turn their trip to the grocery store into a job related action, do them all a favor. Let them know that such advise is simply your belief, which was gained from sitting around in some sewing circle sipping tea with blue haired grannies and watching Law & Order on the B&W Zenith. (In other words, provide the source of the information in your ramblings)

One last suggestion,,,, use the spell check feature of this site. If it's not available on your computer, you can down load it for free!

Thank you for understanding dear,,,,,

[calidui]

Thank you all for your replies.
Just to clarify, in the state of California I got my restricted through the DMV and never had to discuss anything regarding my license with the judge. The DMV did not ask nor care what or where my place of employment was. That I why I asked the question about making up a work place. If anyone else has some more advice or information it would be much appreciated.

[CdwJava]

The DMV just issues the restricted license with the conditions listed. However, if stopped by the police, you will have to be convincing that you really do work there. I have worked with officers that truly would call up the employer and ask about it. In fact, I've done that before myself. Oddly enough, I have been correct in my suspicions each time. Then, not only do they get their car towed for 30 days for the driving while suspended or restricted, I also tack on a charge of obstructing or delaying a peace officer - a bookable offense.

- Carl

[InsaneJane]

Originally Posted by outonbail

Jane, I don't want you to think I'm "flaming" you, but you must stop with these hair brained replies you come up with.
The purpose of this site is not to advise people how they can try to circumvent the law.

Yes, thank you for not flaming me. I do understand your logic. I just want to point out that the little advice that I gave was to have the OP live within the restrictions of his license, not to circumvent them. You may not agree and that's OK.
The postal stamped envelope just helps the Judge decide whether the job was just BS made up after the fact or whether it actually existed prior to the occurance.
As Carl wisely points out, some police officers will call to verify. If the other party can't verify then the OP could be in a bit of a mess.

P.S. By the way, it was a very experienced probate Judge that introduced me to the Postal time stamp....

[FlyingRon]

The postal stamped envelope will do nothing. Nobody is going to buy your dodge.
You are giving the guy more rope to hang himself with. Now maybe you're just plain stupid, or maybe you enjoy giving people advice that will get them in further trouble, but either way, you're not helping these people.

[SIN EATER]

That's an easy offense to prosecute.

The jail time is mandatory; a second offense requires 30 days county jail.

Most Prosecutors tell the officers to issue the misdemeanor ticket - the fact that you are driving back/forth to work or the alcohol program is a DEFENSE which you will have to prove (it's not easy, absent W2s, paycheck stubs, or an employer who will take the stand).

Only the Judge can add 'doctor's visits' or school, and it's rarely done since 2005 (exceptions went to DMV).

Also, the new charge is a violation of your probation for the DUI (that carries six months of jail time).

It's not worth it.
Walk, ride a bike or take public trans.

[IsabellaSoriano]

Originally Posted by SIN EATER

It's not worth it.
Walk, ride a bike or take public trans.

i'd like to second that. i had a DUI, restricted license and all. i picked a DUI class next to my kids' grandmother's house. i went from work, to the DUI class, walked to pick up my kids. walked back to my car and drove home. i was still sweating even though it was legal. to the exact day the restriction was lifted, i got pulled over. the system didn;t go through yet. it was still a holiday weekend. the really nice police officer didn't tow my car, but asked me to leave it and have someone pick it up. he gave me a ticket. i went the next day, got the error fixed with DMV, and the ticket was cleared. i got lucky.

and btw...when you do get caught, it's a probation violation. which means you not only serve the time you were originally offered, but you serve additional jail time.

and seriously, those things they try to pass off as bolgna, is freaking horrible. bread is stale, the burritos give you the runs, and the colored water they try to pass off as kool aid is disgusting. i got lindsey's, and it still wasn't worth it.

[outonbail]

Originally Posted by IsabellaSoriano

and seriously, those things they try to pass off as bolgna, is freaking horrible. bread is stale, the burritos give you the runs, and the colored water they try to pass off as kool aid is disgusting.

Typical short timer. Spend a few months in there and you'll think that Bologna is prime rib! No one can eat the food for a week or so, but then, believe it or not, it transforms itself into something you look forward to.

Of course once you get out you won't get anywhere near another slice of Bologna,,,

at least this is what a friend told me!