Driving on suspended license - Set aside - Still got ticket

[malekc]

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

Hi,

The DMV mistakenly suspended my license for 6 months. I had gotten a citation which supposedly gave me the last point which suspended my license. After much research and more than one DMV hearing, it became apparent that the DMV system added that citation as two points when it was supposed to be only one. After that, the DMV returned my license, and issued me an Order of Set Aside. The document states: "After a review of the information on file, including any evidence which you may have presented, the action(s) effective *******, pursuant to $14103 and $____ of the Vehicle Code (VC), [X] is set aside, [_] is ended, or [_] may be ended if you comply with the reinstatement requirements shown below:"

So basically, the suspension was a DMV error. Now, while my license was suspended, and I was going back and fourth with the DMV trying to prove to them it was an error, I was pulled over and cited for driving on a suspended license.I setup a trial date, went to court, the officer provided his points, then I showed the judge the Order of Set Aside, she said the date of the Order of Set Aside was after the date of the citation, so at the time of the citation, my license was suspended. I said yes, but I knew that it was an error, I was just going back and fourth with the DMV to prove to them it was an error. She still did not accept, and convicted me of driving with a suspended license. I would like to appeal her decision, because it does not make sense that I was wrongfully suspended, and now have to pay a $950 ticket and get two points on my record because of a DMV error. Would I have any chance of winning the appeal? Is this really the law, that even if a DMV error occurs like that, I still have to pay such a price?

Thanks for any help, advice, or answers.

 

[Zigner]

You were suspended at the time you received the ticket. You knew you were suspended, error or not. I agree with the judge.

 

[malekc]

Yes, I knew I was suspended, but it was a wrongful suspension, so everything should revert back to how it was before the suspension. For example, if worker A did his job, and worker B messed up the job, and the boss thought worker A was the one who messed up the job, so the boss fired worker A, then it became apparent that worker B was the one who messed up the job, shouldn't worker A be rehired and worker B fired, or would the boss just say to worker A "Oh well, it was a mistake, but its done, you're still fired and worker B will still be working with us"?? I continued driving during that time because I knew the suspension was not supposed to be there, it just took time to clear things up, I was not driving while I know I should not have been driving. Would this be a valid point to bring up in an appeal?

 

[Zigner]

Yes, I knew I was suspended, but it was a wrongful suspension, so everything should revert back to how it was before the suspension. For example, if worker A did his job, and worker B messed up the job, and the boss thought worker A was the one who messed up the job, so the boss fired worker A, then it became apparent that worker B was the one who messed up the job, shouldn't worker A be rehired and worker B fired, or would the boss just say to worker A "Oh well, it was a mistake, but its done, you're still fired and worker B will still be working with us"?? I continued driving during that time because I knew the suspension was not supposed to be there, it just took time to clear things up, I was not driving while I know I should not have been driving. Would this be a valid point to bring up in an appeal?

If you're convicted of a crime and put in prison, even if you are fully and totally exonerated at a later point and the court overturns your prior conviction, saying it should never have happened, you can still be convicted of the separate crime of escape.

You WERE driving while you knew your license was suspended. That is a separate crime.