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Accident While license is suspended

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michvin

Junior Member
What is the name of your state (only U.S. law)? CA
I'll try to make it compact and readable. :)
My friend got a ticket back in winter on vacation. That is the only violation in many years.
Sent a check when got back home, which got lost. That resulted in an unpaid traffic ticket.
Later moved to a new home and transferred all the mail from previous address to the new one online before actually moved.
In august got involved in an accident, that was completely the fault of the other driver, who fail to stop at a stop sign. At the scene learned that the license was suspended 7 days ago. The vehicle spent 30 days at the impound and now she is facing the 14601 charges. The car is and always was fully insured. The license is now reinstated.
What to expect in the court and how to act?

Thank you very much.
 


CdwJava

Senior Member
What is the name of your state (only U.S. law)? CA
I'll try to make it compact and readable. :)
My friend got a ticket back in winter on vacation. That is the only violation in many years.
Sent a check when got back home, which got lost. That resulted in an unpaid traffic ticket.
That's why you are supposed to APPEAR on the date indicated on the citation. It prevents such mistakes from happening ... of course, many such claims of payment are just not true to begin with.

In august got involved in an accident, that was completely the fault of the other driver, who fail to stop at a stop sign. At the scene learned that the license was suspended 7 days ago. The vehicle spent 30 days at the impound and now she is facing the 14601 charges. The car is and always was fully insured. The license is now reinstated.
What to expect in the court and how to act?
If there had been no good service of the license suspension, the "friend" could have scheduled a post storage hearing and may have prevailed. Likewise, facing charges for 14601 requires valid service. However, mailing of the notice of suspension to the address indicated on the license and the mailing not being returned can be considered good service by most courts. Without good service, this should have been charged as CVC 12500(a).

With the license reinstated it is possible the court might opt to show some mercy on the matter and either dismiss or minimize the penalties.
 

michvin

Junior Member
If there had been no good service of the license suspension, the "friend" could have scheduled a post storage hearing and may have prevailed. Likewise, facing charges for 14601 requires valid service. However, mailing of the notice of suspension to the address indicated on the license and the mailing not being returned can be considered good service by most courts. Without good service, this should have been charged as CVC 12500(a).
I understand that the notice not being delivered/returned is a slippery matter and in that case it can be considered delivered by DMV, despite the fact that it wasn't. BTW, I just spoke to her and found out what was the original charge: not working rear lights. Let's say, showing that the notice was not delivered will fail: what she should be prepared to in court? Can you point to some resource or describe briefly what happens on the indicated date? Neither she or myself have any court experience...
With the license reinstated it is possible the court might opt to show some mercy on the matter and either dismiss or minimize the penalties.
License is reinstated. What can she do to make this more likely to happen?
I really appreciate your help!
 

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