Driving with suspended license DUI vc 12500 (a) INFRACTION

[jjvcrew]

I live in California. My driver license recently got suspended because of DUI. During the 30 days suspension period I got pull over for tinted window. The office noticed my license is suspended and cited me a ticket under vehicle code 12500 (a) alone with the tinted window. The good thing is he cited as an INFRACTION and also mark as CORRECTABLE on both. I have some questions regarding this:

1. How will this 12500 (a) under INFRACTION effect me ?
2. Will there be fine and how much (aprox) ?
3. Since it was marked as correctable how do I correct it ?
4. Can I request an extension and for how long ?
5. Do i have to go to court or I can just sign both of them off by officer and turn it in ?

thanks in advance !

 

[CdwJava]

I live in California. My driver license recently got suspended because of DUI. During the 30 days suspension period I got pull over for tinted window. The office noticed my license is suspended and cited me a ticket under vehicle code 12500 (a) alone with the tinted window. The good thing is he cited as an INFRACTION and also mark as CORRECTABLE on both.

If the DMV return indicated a suspension, the officer SHOULD have cited you for the appropriate 14601 section and impounded your car for 30 days. So, you either got real lucky, or the officer gave you a heck of a Christmas present!

I have some questions regarding this:

1. How will this 12500 (a) under INFRACTION effect me ?

If you get the license re-instated, it would appear to be a "fix-it" ticket. However, if you have a pending DUI case and a current suspension due to a BAC of greater than .08, I doubt this will happen.

2. Will there be fine and how much (aprox) ?

It depends on priors. But, the Uniform Bail Schedule indicates $274 (though local jurisdiction and fees/assessments might change that).

3. Since it was marked as correctable how do I correct it ?

Get a new license. And for the windows, remove the tinting. Then you can have an officer sign the back of the citation indicating the correction has been made.

4. Can I request an extension and for how long ?

Contact the local court.

5. Do i have to go to court or I can just sign both of them off by officer and turn it in ?

Generally you can have them signed off and then pay the reduced bail (administrative fee) at the court.

A recommendation: consult an attorney. You might also consider paying this off ASAP because it MIGHT come back to bite you as a more serious offense.

- Carl

 

[jjvcrew]

Thanks for your reply cdwjava. appreciated. I have couple more questions:

1. Could it be possiable that I can just pay it off with 12500 (a) INFRACTION without officer to sign it off ?

2. If not .... I am getting a drive to work restricted license soon. will i be able to use that restricted license to sign the ticket off ?

3. or could it be possiable that I can just let officer sign it off and avoid the fine ?

thanks.

 

[CdwJava]

1. Could it be possiable that I can just pay it off with 12500 (a) INFRACTION without officer to sign it off ?

Yes. If they don't up the charge, then you should be sent information on how to payoff the citation or contest it.

2. If not .... I am getting a drive to work restricted license soon. will i be able to use that restricted license to sign the ticket off ?

I would think so.

3. or could it be possiable that I can just let officer sign it off and avoid the fine ?

If you get it signed off, then you pay an administrative fee.

However, this all may be moot if you eventually get a suspended DL due to the DUI.

- Carl

 

[garrula lingua]

In most jurisdictions, the Prosecutor will review the tickets and charge correctly (and, frequently, the patrol Sgt will have it corrected).

You may slip through.

It should have been charged as a VC14601.2(a) which carries a mandatory minimum of 10 days in county jail, about $900 in fines, and the ignition interlock device & probation.

More importantly, this is a probation violation of the DUI, which is usually about 30 days county jail (the Judge has up to 180 days, less credit for any previously served for sentencing).

 

[CdwJava]

This sounds to me like the driver received an 'admin per se' suspension as a result of a BAC of .08+ and was caught driving while on that suspension, and the DUI trial is still pending. Though the CVC 12500(a) charge still bewilders me. The only thing that comes to mind is the officer was not aware of his options, or, he gave the guy a great gift.

- Carl

 

[AKO3]

Similar Questions

So I am in a similar situation. I was convicted on 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 class. 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 a week and a half 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, I just need an SR-22 which my insurance already sent over, so they say, and to get an IID device installed in my car, which I have to do. So I am working tirelessly to get a restricted license reinstated, 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 or 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 that can attest to me getting rides everywhere except to my DUI drivers class which I thought would be ok. Any way that helps? Would love some optimism right now. Thanks for listening

 

[Antigone*]

So I am in a similar situation. I was convicted on 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 class. 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 a week and a half 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, I just need an SR-22 which my insurance already sent over, so they say, and to get an IID device installed in my car, which I have to do. So I am working tirelessly to get a restricted license reinstated, 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 or 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 that can attest to me getting rides everywhere except to my DUI drivers class which I thought would be ok. Any way that helps? Would love some optimism right now. Thanks for listening

Please start your own thread.

FYI - this is not good for you and no one here will candy coat things for you just to give you some optimisim.

 

[AKO3]

Thanks for not answering anything

 

[Antigone*]

Thanks for not answering anything

You won't get any answers from members when you necropost.

If you want answers on the thread you will start if you want help, don't be a tool

 

[AKO3]

Ok, how do I start a new thread please?

 

[Antigone*]

Ok, how do I start a new thread please?

Go to the landing page for this section and near the top there is a button that says "Post new Thread" or something like that.