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  #1  
Old 09-04-2007, 12:08 AM
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driving w/ suspended license - Ca


What is the name of your state? California

Hi, I received a DUI in may and have changed for the better since then. I am eligible for a restricted license once I enrolled into traffic school (currently attending), file for an SR-22 (completed), and pay the $140 DMV fee( done). I have been out of trouble just until recently when I was stopped at a check point on my way to the grocery store. I never drove before this incident because my housemates helped me out with rides but they all moved out. At the time, i didn't even have my restricted license so the officer gave me a ticket for driving with a suspended license. Immediately after that weekend I went to DMV and paid the $140. I was wondering what can i expect. My court date is 8 days after i finish my DUI program. Could they extend my DUI program and the suspension of my license?

Also, I was very negligent in reading the procedures. When i had been stopped in the check point. I told the officer i had a restricted license and thought it would show up in the DMV system because i was told I would have one. I didn't know at the time I had to pay the $140 to DMV first. I thought the $140 was just for the hard copy license and tax. I know driving to the grocery store is not part of the agreement while having a restricted but do you think the judge will be more lenient ? Could this situation help me even a little bit?

I really don't want to make excuses but I'm a full time college student and i learned my mistake by driving under the influence. Receiving a DUI has changed my life and I have stayed away from the things that could violate my probation but i just broke it with this incident. I would gladly do almost anything to get this case dismissed if anything.

thanks.
  #2  
Old 09-04-2007, 12:17 AM
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Please provide the vehicle code you were cited for and the county in which it occurred.

Was it 14601.2?
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  #3  
Old 09-04-2007, 04:28 AM
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it happened in Alhambra, Ca

I'm looking at the "code and section" and it says 12500 (a) UC

or something like that, can't tell through his handwriting.

thanks
  #4  
Old 09-04-2007, 06:20 AM
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14601.2. (a) No person shall drive a motor vehicle at any time when that person’s driving privilege is suspended or revoked for a conviction of a violation of Section 23152 or 23153(Driving under the influence of alcohol or drugs) if the person so driving has knowledge of the suspension or revocation.

A person convicted of a violation of this section shall be punished as follows:

(1) 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), unless the person has been designated an habitual traffic offender under subdivision (b) of Section 23546, subdivision (b) of Section 23550, or subdivision (d) of Section 23550.5, in which case the person, in addition, shall be sentenced as provided in paragraph (3) of subdivision (e) of Section 14601.3.

(e) If a person is convicted of a first offense under this section and is granted probation, the court shall impose as a condition of probation that the person be confined in the county jail for at least 10 days.
  #5  
Old 09-04-2007, 09:11 AM
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Don't know waht UC is, perhaps it's a VC, the California Vehicle Code:

12500. (a) A person may not drive a motor vehicle upon a highway, unless the person then holds a valid driver's license issued under this code, except those persons who are expressly exempted under this code.
  #6  
Old 09-04-2007, 09:20 AM
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Join Date: Apr 2007
Location: Sitting at the computer probably rolling my eyes at your post
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You were charged with driving w/o a license which requires a mandatory court appearance. Doesn't mean that when the city attorney (reviews all cases) gets a hold of it, they won't amend the charges to driving on a suspended after a dui 14601.2, but if they don't you'll basically get a $100 fine (+PA), which will cost you about $381.00

If they charge you with the driving on a suspended (another misdemeanor), you're screwed because that will put your point count at 4 (2 for the DUI, 2 for the driving on a suspended) and that will cause another suspension on your license. On top of another criminal conviction.

Time for you to get an attorney.
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