Driving While License Suspended, And Involved In An Accident

What is the name of your state? California

On 08/06/2006, I was stopped on the freeway in traffic when my vehicle was struck from the rear.

The CHP came to the scene and informed me the other driver only had a California identification card and no liability insurance; the other driver would be cited for no proof of insurance and the vehicle would be impounded.

The DMV later confirmed for me that the driving privilege of the other driver had been suspended effective 10/16/2000, and the other driver had knowledge of the suspension.

I requested the CHP cite the other driver for violation of CVC section 14601.1(a), driving on a suspended license, and their response was they were prohibited by both California Penal Code section 836(a)1 and California Vehicle Code section 40300 from issuing a citation for a misdemeanor not committed in the presence of an officer; that to take such action at my request would "not only be a violation of law and Department policy, but simply inappropriate."

Do you agree with the CHP decision regarding my request?

They can choose what violations they do or do not hand out. You do not have any say in the matter.

wdlugitch said:

The CHP came to the scene and informed me the other driver only had a California identification card and no liability insurance; the other driver would be cited for no proof of insurance and the vehicle would be impounded.

The DMV later confirmed for me that the driving privilege of the other driver had been suspended effective 10/16/2000, and the other driver had knowledge of the suspension.

I requested the CHP cite the other driver for violation of CVC section 14601.1(a), driving on a suspended license, and their response was they were prohibited by both California Penal Code section 836(a)1 and California Vehicle Code section 40300 from issuing a citation for a misdemeanor not committed in the presence of an officer; that to take such action at my request would "not only be a violation of law and Department policy, but simply inappropriate."

Do you agree with the CHP decision regarding my request?

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The CHP officers may have misapplied PC 836. They could have indeed issued a citation for 14601.1(a) (provided he was suspended for reasons other than those listed in 14601, 14601.2, or 14601.5 ...) based upon your statement that he was driving.

However, it may not be their practice to issue such citations in the field and they may request charges through the District Attorney. That would be the safe route. Such citations are frequently issued, but charges are ultimately pursued throught he DA's office anyway, so if the DA finds there to be insufficient cause, they will drop the matter anyway.

So, were the CHP officers wrong? Not really. COULD they have issued a citation and forwarded it through the DA? Yep. Did they have to? No.

However!! IF the suspect was already departed when you were told about the suspension from 2000, then that would certainly explain why the driver was not cited for 14601.1(a) ... they would have to pursue it through the DA at that point. It also may be that he was cited for being an unlicensed driver at the scene so they would have to upgrade the charges through the DA.

- Carl

i have to agree with occultist - you don't have authority to bring criminal charges. the other drivers is already in deep dodo.

You should pursue through civil action...

cepe10 said:

i have to agree with occultist - you don't have authority to bring criminal charges. the other drivers is already in deep dodo.

You should pursue through civil action...

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Also: It may make you feel better making the guy's life that much worse it isn't going to solve your problem in fact it would probably make it worse.

You want this guy working and out of trouble so you can stick him for all the money he owes you

Good luck

I have insurance with collision deductible waiver. I am going to send a letter to the Office of the District Attorney for Los Angeles County, and request they cite the other party for driving while on a suspended license. I will post their reply.

wdlugitch said:

I have insurance with collision deductible waiver. I am going to send a letter to the Office of the District Attorney for Los Angeles County, and request they cite the other party for driving while on a suspended license. I will post their reply.

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Don't be surprised if they do not respond to your letter. They are under no obligation to issue said citation. And, in fact, if the driver has already settled the previous citation, they would be precluded from filing on the suspended license.

Remember, the DA has absolute discretion to file. And, whether they file or not will have zero effect on your situation.

- Carl

I know it is the discretion of the DA to file, but why would they want a person who drove on a suspended license and caused an accident resulting in thousands of dollars in damage to skate with just the cite for no proof of insurance and impound of their piece of s--- car? I am going to try, and hopefully there will be a positive outcome.

wdlugitch said:

I know it is the discretion of the DA to file, but why would they want a person who drove on a suspended license and caused an accident resulting in thousands of dollars in damage to skate with just the cite for no proof of insurance and impound of their piece of s--- car? I am going to try, and hopefully there will be a positive outcome.

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Unless the police requested charges for 14601, the DA is not going to be able to initiate it on your letter or phone call. And, as I said, if the other driver has already taken care of any prior cite then it's pretty much done.

Once again, his being charged for driving on a suspended license changes nothing with regards to his liability for any damages.

- Carl

CdwJava said:

Unless the police requested charges for 14601, the DA is not going to be able to initiate it on your letter or phone call. And, as I said, if the other driver has already taken care of any prior cite then it's pretty much done.

Once again, his being charged for driving on a suspended license changes nothing with regards to his liability for any damages.

- Carl

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Yeah! What he said

The other drivers court appearance on her citation for failure to provide proof of financial responsibility is not until the end of September. I have faxed and mailed my letter to Steve Cooley, DA for Los Angeles County. I will post his offices response when I receive it.