Driving with a suspended license 14601.1(a)

[AKO3]

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

I was convicted of DUI in Nov 2012 from an arrest in Sept 2012. I was moving on completing my DUI requirements: Completed the MADD class, and am 9 weeks into my court assigned DUI drivers course. I was pulled over a couple weeks ago on my way home from this DUI class, something granted by a restricted license which I was trying to get. I was given a citation for 14601.1(a) and a fix it ticket for not having insurance information in my name, despite it being up to date and having an electric copy with my name on it. I received paperwork stating the 14601.1(a) violation. I spoke with DMV Drivers Safety Office this morning, about two weeks after my arrest, and asked them what requirements I needed to fulfill to get my restricted license. A lady said since I'm in my court required class, and I've completed the MADD course, I just need an SR-22 which my insurance already sent over, so they say but I have a copy as well, and to get an IID device installed in my car, which I have to do today at 3pm. So I am working tirelessly to get a restricted license issued, and in 3 weeks I will have completed the requirements for my DUI conviction except for the license reinstatement. What are the chances come my court date, having completed all my DUI requirements , and hopefully having a restricted license issued or a full license reinstated, that I get the charges dropped or reduced? Any viable defenses or plea bargains like a conversion to 14601.5 to avoid jail time? I would love to stay out of jail. Any way me driving to and from court required class despite not having the restricted license yet, plays a part in some leniency? I also have several witnesses/references that can attest to me getting rides everywhere except to my DUI drivers class which I thought would be ok to drive to. Any way that helps? Would love some optimism or some options right now. Thanks for listening.

 

[Antigone*]

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

I was convicted of DUI in Nov 2012 from an arrest in Sept 2012. I was moving on completing my DUI requirements: Completed the MADD class, and am 9 weeks into my court assigned DUI drivers course. I was pulled over a couple weeks ago on my way home from this DUI class, something granted by a restricted license which I was trying to get. I was given a citation for 14601.1(a) and a fix it ticket for not having insurance information in my name, despite it being up to date and having an electric copy with my name on it. I received paperwork stating the 14601.1(a) violation. I spoke with DMV Drivers Safety Office this morning, about two weeks after my arrest, and asked them what requirements I needed to fulfill to get my restricted license. A lady said since I'm in my court required class, and I've completed the MADD course, I just need an SR-22 which my insurance already sent over, so they say but I have a copy as well, and to get an IID device installed in my car, which I have to do today at 3pm. So I am working tirelessly to get a restricted license issued, and in 3 weeks I will have completed the requirements for my DUI conviction except for the license reinstatement. What are the chances come my court date, having completed all my DUI requirements , and hopefully having a restricted license issued or a full license reinstated, that I get the charges dropped or reduced? Any viable defenses or plea bargains like a conversion to 14601.5 to avoid jail time? I would love to stay out of jail. Any way me driving to and from court required class despite not having the restricted license yet, plays a part in some leniency? I also have several witnesses/references that can attest to me getting rides everywhere except to my DUI drivers class which I thought would be ok to drive to. Any way that helps? Would love some optimism or some options right now. Thanks for listening.

You can expect the court to offer you no leniency when it comes to your inability to follow the law - the very law you said you'd follow when you appeard in court the first time.

I suggest you get an attorney who can help you mitigate the damages.

 

[AKO3]

Well that was no help, anyone else

 

[Ohiogal]

Well that was no help, anyone else

If you were driving without a restricted license (with no license) expect to be found guilty of driving under suspension which means you won't get a restricted license. You didn't follow the law and in fact disregarded the law when it was convenient to you. The court normally does not like that.

 

[Antigone*]

If you were driving without a restricted license (with no license) expect to be found guilty of driving under suspension which means you won't get a restricted license. You didn't follow the law and in fact disregarded the law when it was convenient to you. The court normally does not like that.

Guess you were no help either. The guy is batting 1000

 

[Mnemosyne]

I also have several witnesses/references that can attest to me getting rides everywhere except to my DUI drivers class which I thought would be ok to drive to.

Why did you think that?

 

[AKO3]

Awesome, is everyone a cynic on here. I obviously made some mistakes, and AM trying to mitigate the damages. Any suggestions on how to do so. I understand the obvious, that the law I am being accused of is there not to be broken. Great advice. I'm wondering what I can do moving forward given I'm not a menace to society despite what you may think. Ive made a couple of stupid decisions, as well as some rash ones thinking it would be ok. But I'm trying to get on the right track and avoid every seeing a court room again after this. Im almost done with my requirements as stated, I'm a hard working college graduate, and will probably be getting my restricted license this afternoon despite your cynical criticism. But I would greatly appreciate some suggestions on how to mitigate or reduce the damages or eliminate them altogether. I know courts, judges and DAs are not fond of these violations, but I also have heard that they do offer leniency or dismissals when a person shows proactive behavior in getting the prior violations taken care of. As I said, I'm almost complete with my DUI conviction requirements and will hopefully have the restricted license shortly that will and would have allowed me to drive to and from Court required class and work.

 

[Antigone*]

Awesome, is everyone a cynic on here. I obviously made some mistakes, and AM trying to mitigate the damages. Any suggestions on how to do so. I understand the obvious, that the law I am being accused of is there not to be broken. Great advice. I'm wondering what I can do moving forward given I'm not a menace to society despite what you may think. Ive made a couple of stupid decisions, as well as some rash ones thinking it would be ok. But I'm trying to get on the right track and avoid every seeing a court room again after this. Im almost done with my requirements as stated, I'm a hard working college graduate, and will probably be getting my restricted license this afternoon despite your cynical criticism. But I would greatly appreciate some suggestions on how to mitigate or reduce the damages or eliminate them altogether. I know courts, judges and DAs are not fond of these violations, but I also have heard that they do offer leniency or dismissals when a person shows proactive behavior in getting the prior violations taken care of. As I said, I'm almost complete with my DUI conviction requirements and will hopefully have the restricted license shortly that will and would have allowed me to drive to and from Court required class and work.

Things to do:

1 ~ Don't drive
2 ~ Don't break the law
3 ~ Get an attorney

 

[leadout_kv]

Things to do:

1 ~ Don't drive
2 ~ Don't break the law
3 ~ Get an attorney

I have a few comments.

One, In no way do I condone drinking and driving. I have never been given a dui and I will never get a dui since I do not drink....at least not until work drives me to start drinking

Two,, this forum (DUI/DWI) could basically be named "Stupidity" and it would pretty much sum up what most of these posters already know. They have made some stupid mistakes, and they know it. Surprisingly many are interested in trying to turn their life around. Yes, I know there are some that are just trying to "buck" the system and to get advice on how to do it but there are some that want to try not to make these stupiid mistakes again. I'm also not here to judge which side the OP sits. Only the OP knows.

Three, stating the obvious - "Don't drive, Don't break the law, and Get an attorney"....is that helpful? There are so many threads in this forum that I've read with replies that are unhelpful and possibly even degrading. Remember, people come to this forum for help not degrading and sarcastic responses that will usually turn the OP's away. What would be helpful is if you said to Get an attorney so that, for example, the attorney could guide you in completing the proper paperwork, taking the necessary classes, and maybe providing some advice as to not letting the "Stupidity" happen again. Now, that would be a helpful response. Bottom line, provide some helpful comments/suggestions and if you can't don't respond.

Lastly, OP I wish I could personally provide some advice to your situation but as I stated I have never been in your situation. Sorry. Just do us all right and if you decide to drink get someone to drive you home.

 

[FlyingRon]

The problem is there's nothing we can tell him. His choices are:

1. Go take his lumps in court with his sob story.
2. Get a lawyer.

A lawyer will likely know the particular court (and judge) he will appear in. He will know if there is any chance of mitigation to this. Most will be fairly up front with what your chances are even before you commit to pay them.

Nothing he has said here is one shred of defense. If he said something or even implied a obvious defense, you can be sure someone would told him. His childish "You didn't tell me what I want to hear" comments won't make a better answer suddenly appear.

If he needed transport to DUI class, he might have been able to avail himself of a restricted permit, but he did not.
Now he has demonstrated his inability to live within restrictions and most court would be disinclined to now issue one (even if they weren't outright statutorily bound from doing so).

 

[Antigone*]

I have a few comments.

One, In no way do I condone drinking and driving. I have never been given a dui and I will never get a dui since I do not drink....at least not until work drives me to start drinking

Two,, this forum (DUI/DWI) could basically be named "Stupidity" and it would pretty much sum up what most of these posters already know. They have made some stupid mistakes, and they know it. Surprisingly many are interested in trying to turn their life around. Yes, I know there are some that are just trying to "buck" the system and to get advice on how to do it but there are some that want to try not to make these stupiid mistakes again. I'm also not here to judge which side the OP sits. Only the OP knows.

Three, stating the obvious - "Don't drive, Don't break the law, and Get an attorney"....is that helpful? There are so many threads in this forum that I've read with replies that are unhelpful and possibly even degrading. Remember, people come to this forum for help not degrading and sarcastic responses that will usually turn the OP's away. What would be helpful is if you said to Get an attorney so that, for example, the attorney could guide you in completing the proper paperwork, taking the necessary classes, and maybe providing some advice as to not letting the "Stupidity" happen again. Now, that would be a helpful response. Bottom line, provide some helpful comments/suggestions and if you can't don't respond.

Lastly, OP I wish I could personally provide some advice to your situation but as I stated I have never been in your situation. Sorry. Just do us all right and if you decide to drink get someone to drive you home.

I did give him helpful advice. I told him to get an attorney to help mitigate the damages. I'm sure he will drive again, if he hasn't already so my advice is very sound and useful even if you don't think it is.

AND one more thing...

Driving after you have been before a judge who tells you not to drive, driving after you have signed documents saying you have no driving privileges is not a stupd mistake. It is complete and total arrogance.

 

[leadout_kv]

Points taken FlyingRon and AntiGone.

Stupid is as Stupid does. Some will just never get it. If the OP is one of those, well....

 

[AKO3]

Finally, someone who actually answers the thread. BTW I appreciate all of your answers, even the cynical critics who think I'll drink and drive again, if not drive again with no regard, despite knowing who I am or what my scenario is. I have actually stopped drinking. I just got back from the DMV where I received my restricted license allowing me full driving privileges while the IID device is installed. I am weeks away from completing my requirements as stated before, and am well on my way to turning my personal life around. I was hoping these steps and obviously un-childish behavior would benefit me further, not expunge my wrongdoings altogether, so get my agenda straight. Comical that most of you criticize a person's situation assuming one's behavior and personality, yet most of you have more saddening and critical issues of your own that are clearly evident in your responses. In posting this thread I wasn't looking for "the right answers" or even "ways of getting out of breaking the rules/laws" like some of you claim, however I was looking for some credible, factual insight into previous cases, scenarios and defenses that could prove beneficial in going into a clearly pivotal page in a chapter of my life. Despite what you cynical critics may believe, this is not who I am, nor will it be who I will become. This is a page in a chapter in the beginning of my life, and I am eager and anxious to make amends and move forward. Thank you, sincerely, to those contributing with factual, credible advice that I hope to use and implement in every way possible in aiding my defense case, even if it may seem that "there are no defenses" in my case, there is leniency and plea bargains all the time based on additional circumstances. And to all those sad individuals who think they are commenting from a superior standing, down upon some child looking for the "you didnt tell me what I wanted to hear" answer, all I have to say is at least I am aware of my faults, and at peace moving forward, you guys don't even know your condescending behavior and personality exudes you! I wish the best for you individuals, however You, may be as lost as you claim my case is!!!

 

[dave33]

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

I was convicted of DUI in Nov 2012 from an arrest in Sept 2012. I was moving on completing my DUI requirements: Completed the MADD class, and am 9 weeks into my court assigned DUI drivers course. I was pulled over a couple weeks ago on my way home from this DUI class, something granted by a restricted license which I was trying to get. I was given a citation for 14601.1(a) and a fix it ticket for not having insurance information in my name, despite it being up to date and having an electric copy with my name on it. I received paperwork stating the 14601.1(a) violation. I spoke with DMV Drivers Safety Office this morning, about two weeks after my arrest, and asked them what requirements I needed to fulfill to get my restricted license. A lady said since I'm in my court required class, and I've completed the MADD course, I just need an SR-22 which my insurance already sent over, so they say but I have a copy as well, and to get an IID device installed in my car, which I have to do today at 3pm. So I am working tirelessly to get a restricted license issued, and in 3 weeks I will have completed the requirements for my DUI conviction except for the license reinstatement. What are the chances come my court date, having completed all my DUI requirements , and hopefully having a restricted license issued or a full license reinstated, that I get the charges dropped or reduced? Any viable defenses or plea bargains like a conversion to 14601.5 to avoid jail time? I would love to stay out of jail. Any way me driving to and from court required class despite not having the restricted license yet, plays a part in some leniency? I also have several witnesses/references that can attest to me getting rides everywhere except to my DUI drivers class which I thought would be ok to drive to. Any way that helps? Would love some optimism or some options right now. Thanks for listening.

I personally think your chances are very good if you get any license reinstated before your court date. Even if you need more time in my experience a judge will be inclined ti grant it. It seems judges and the system in general is understanding that making things more difficult for people already in a bad situation does no good for anyone.
The problem may be the reason for the suspension. In many states (not sure about Cal.) it is much more serious driving on a suspended when suspended for a dui. If not do your best to get a license and your chance for a dismissal will improve tenfold. goodluck.

 

[HighwayMan]

If not do your best to get a license and your chance for a dismissal will improve tenfold.

Where did you pull that number out of?