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Fighting a CVC 14601.1A

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Axial

Junior Member
What is the name of your state (only U.S. law)?
-> California (SF Bay Area, Pleasant Hill)
Incidence occurred:
DELAWARE ST At STATE HWY 92 EB/ON RAMP
City/County of Occurrence: San Mateo

Hi, I'm trying to fight a CVC 14601.1a based on the fact that I was never sent a notice of suspension to my most recent and current address and that the judge who suspended my license did not tell me when my suspension would end. My question is, do I actually stand a chance to fight this with the information that I have? Note that the judge did tell me that my license was suspended but never mentioned when it would end and also when I was pulled over, I did tell the issuing officer that I know my license was suspended (when he asked me if I knew). I have also been sent a mail from the District Attorney's office (from where the incidence occured) that they will not press criminal charges for my particular case. Recently I received a notice of bail from the Superior Court of California, County of San Mateo, Traffic Division reminding me of the due date and the amount due without proof of correction (to be: $983.00).

Reading from other sites, I found out that if I admitted guilty to the charges, my license would be suspended for another 6 months and be put into probation for a year. This is because leading to my suspension was reckless driving speeding at 105MPH which I was pushed to do by a tailgating CHP. When I went to court for that ticket, I did not admit guilt instead I told the judge no contest (would be nice to know what this actually means). I really want to fight this case and because it's due 06/06/2013, I don't really have that much time left. As I am a student, I have no means of affording a lawyer so I would like to pose a question if the traffic court can actually appoint me a public attorney to fight my case. Do I actually have a case here? I wasn't read my rights (not sure why I would be) when the officer pulled me over and wasn't actually told that my admitting to driving on a suspended license could be used against me in court. Can it be used against me in court? Any advice out there would be greatly appreciated. I'm also very sorry about my poorly structured writing, hope it doesn't confuse the readers.

Other things I've read but am not very clear on: I could try to get the prosecution to reduce this to a cvc 12500 (?)
I could meet up with the officer to drop the case because as a tax payer I am entitled to talk to the officer or something(?)
 


OHRoadwarrior

Senior Member
No Contest, means Guilty, but I don't want to admit it. Therefore you should have known your license would be suspended and have no excuse.
 

CdwJava

Senior Member
First question: Was your address updated with the DMV to reflect your most current address?

Second, if you have your license printout, what is the "service code" for the suspension? What is the section listed as the "authority" for the suspension?

Understand that the courts consider it valid service if it is dropped in the mail.

Now, you probably cannot fight the citation because you ADMITTED to the issuing officer that you KNEW it was suspended! Ergo, you were knowingly driving on a suspended license. As such, what is your valid defense to the charge? And, no, you do not get a public defender unless they move this out of traffic court and charge it as a misdemeanor with the possibility of jail time. And, no, Miranda is not going to apply here.

You can always hope that a prosecutor is assigned to the court and will accept a plea for VC 12500(a), but most counties do not have prosecutors involved in traffic matters.

I don't see a defense here. But, if you manage to get your license reinstated before court, a court might be willing to show some leniency.

Moral of the story: Do NOT drive on a suspended license!
 

Ohiogal

Queen Bee
No Contest, means Guilty, but I don't want to admit it. Therefore you should have known your license would be suspended and have no excuse.
Wrong. No contest means the allegations are true and you leave it up to the court to make the determination of your guilt or innocence but you are admitting that the allegations are true. It also cannot be used against you in civil or further criminal proceedings.
 

Axial

Junior Member
Hey CdwJava! Thanks for your reply, I really appreciate it! To answer your question, I kind copy pasted your whole reply, hope you don't mind.


First question: Was your address updated with the DMV to reflect your most current address?
Yes, I updated it but DMV doesn't seem to have it updated. I updated it awhile ago online but I just went to the DMV 2 days ago to renew my license and I found out they still had the old address. Odd.

Second, if you have your license printout, what is the "service code" for the suspension? What is the section listed as the "authority" for the suspension?
I don't have a social therefore I cannot register on the DMV website, however if you know of a hardcopy that I should receive, I would definitely go look for it. Sorry :(

Understand that the courts consider it valid service if it is dropped in the mail.

Now, you probably cannot fight the citation because you ADMITTED to the issuing officer that you KNEW it was suspended! Ergo, you were knowingly driving on a suspended license. As such, what is your valid defense to the charge? And, no, you do not get a public defender unless they move this out of traffic court and charge it as a misdemeanor with the possibility of jail time. And, no, Miranda is not going to apply here.
Not sure what Miranda is... So in that case if I choose to admit 'not guilty', I will have to get my own lawyer and defend me?

You can always hope that a prosecutor is assigned to the court and will accept a plea for VC 12500(a), but most counties do not have prosecutors involved in traffic matters.
That's exactly what I am trying to reduce it to. About 2 weeks after the incident, I tried to count 31 days from when my suspension started and it ended up to be 4 days away from when the incident took place! That was really bad luck, not to mention I got caught for a really bad mistake I never make (pedestrian rights).

I don't see a defense here. But, if you manage to get your license reinstated before court, a court might be willing to show some leniency.
I did manage to get my license reinstated.

Moral of the story: Do NOT drive on a suspended license!
Yeah I got this one alright.. :/

Though about my last question, is it actually true that you are allowed to talk to the issuing officer and maybe try to convince him to "drop" the charges? (not sure what the correct term here is). I have heard of incidences where people try to convince the issuing officer outside of court to not appear on the court hearing date rendering the person charged with the offenses on the ticket to be found not guilty. How much of this is actually true? Does it apply in California?

Thanks again !
 

FlyingRon

Senior Member
Miranda is the "You have the right to remain silent..." warning. It doesn't apply here.

You don't need a lawyer, but one might be a very good idea.
 

CdwJava

Senior Member
First question: Was your address updated with the DMV to reflect your most current address?
Yes, I updated it but DMV doesn't seem to have it updated. I updated it awhile ago online but I just went to the DMV 2 days ago to renew my license and I found out they still had the old address. Odd.
But, that explains why you didn't get the notice. And, I don't have it handy, but there's a wonderful VC section that essentially states that it is your responsibility to see to it that the DMV has whatever information they are supposed to have and if they don't, it's your bad. So, you are not likely to gain any traction at all with an argument of improper service. Sorry.

Second, if you have your license printout, what is the "service code" for the suspension? What is the section listed as the "authority" for the suspension?
I don't have a social therefore I cannot register on the DMV website, however if you know of a hardcopy that I should receive, I would definitely go look for it. Sorry :(
You go to your local DMV office and plunk down whatever the cost is ($35 or so??) and ask for a copy of your license info.

Not sure what Miranda is...
When you are both in custody and being interrogated, the police would generally be required to read you your Miranda rights. "You have the right to remain silent. Anything you say can and will be used against you in a court of law ..."

So in that case if I choose to admit 'not guilty', I will have to get my own lawyer and defend me?
Or, you can defend yourself. Most people defend themselves in traffic court. If you had a case to make, it might be worthwhile to retain legal counsel, but I don't see a defense here. Spending $1,500 or more for an attorney just to turn around and also pay the $983 seems an unwise move.

That's exactly what I am trying to reduce it to. About 2 weeks after the incident, I tried to count 31 days from when my suspension started and it ended up to be 4 days away from when the incident took place! That was really bad luck, not to mention I got caught for a really bad mistake I never make (pedestrian rights).
The mistake was driving without a driver's license.

I did manage to get my license reinstated.
That's good. A judge might be willing to cut you a break.

Though about my last question, is it actually true that you are allowed to talk to the issuing officer and maybe try to convince him to "drop" the charges?
No. Legally, the officer has zero say in the matter once the citation is completed. None. And for the agency to request it be dismissed, they have to prepare an explanation in writing to the court and the court has to agree that it is in the interest of justice to drop the charges.

I have heard of incidences where people try to convince the issuing officer outside of court to not appear on the court hearing date rendering the person charged with the offenses on the ticket to be found not guilty. How much of this is actually true? Does it apply in California?
Personally, if any of my officers opted to disregard a subpoena (an order from the court compelling an appearance) just to cut someone a break, I'd propose time off without pay and maybe termination! It may have happened, but it shouldn't - and it's not something you might want to rely on.

Most officers go to court on multiple citations at a time. So, even if he might feel sympathetic towards you, he will likely be in court for other cites issued during the same period of time as well. About all the officer can do (and it is exceedingly rare) would be to ask the court to dismiss the charges ... but, the court would then ask the officer why ... and what's he gonna say?
 

OHRoadwarrior

Senior Member
Wrong. No contest means the allegations are true and you leave it up to the court to make the determination of your guilt or innocence but you are admitting that the allegations are true. It also cannot be used against you in civil or further criminal proceedings.
You make it sound so...... Legal!!!:cool:
 

CdwJava

Senior Member
Specifically ...

1016. Nolo contendere, subject to the approval of the court. The
court shall ascertain whether the defendant completely understands
that a plea of nolo contendere shall be considered the same as a plea
of guilty and that, upon a plea of nolo contendere, the court shall
find the defendant guilty. The legal effect of such a plea, to a
crime punishable as a felony, shall be the same as that of a plea of
guilty for all purposes. In cases other than those punishable as
felonies, the plea and any admissions required by the court during
any inquiry it makes as to the voluntariness of, and factual basis
for, the plea may not be used against the defendant as an admission
in any civil suit based upon or growing out of the act upon which the
criminal prosecution is based.​
 

Axial

Junior Member
Thank you CdwJava, you've been very kind in your replies, I find the information you've provided me with very helpful. Reading your replies made me feel like i've been given a second chance so I will go to court and plea guilty and hope for the best. Thank you! :)
 

Axial

Junior Member
Just one other thought, is there a way I could maybe try to persuade the judge show some mercy on this cvc 14601.1a violation? How often does that happen anyways?
 

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