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spicyt

Junior Member
What is the name of your state? California

My 20-year old son is getting his license suspended effective 11/27 due to being a neglient driver. According to DMV, he can request a hearing to prove otherwise. We have requested a hearing for 11/16 (telephonically) but do not know how to prepare. Today when he called DMV and asked how to get copies of their evidence they said it would only be driving record. When he asked if he could present something prior such as a declaration, etc., he was told that it wouldn't matter because what he needed to say would be done at the time of the hearing.

We just don't want to wait until the day of and have submitted nothing or requested anything. His license will be suspended for 6 months and he desperately needs it for school (college), work, and to transport brothers to school out of county.

Any advice?
 


Zigner

Senior Member, Non-Attorney
I would suggest public transportation for the boy who is losing his license.

And, I would suggest you find other transportation for the other kids.
Why would you want the brothers driving with this guy anyway? Doesn't sound safe to me!
 

Silverplum

Senior Member
What is the name of your state? California

My 20-year old son is getting his license suspended effective 11/27 due to being a neglient driver. According to DMV, he can request a hearing to prove otherwise. We have requested a hearing for 11/16 (telephonically) but do not know how to prepare. Today when he called DMV and asked how to get copies of their evidence they said it would only be driving record. When he asked if he could present something prior such as a declaration, etc., he was told that it wouldn't matter because what he needed to say would be done at the time of the hearing.

We just don't want to wait until the day of and have submitted nothing or requested anything. His license will be suspended for 6 months and he desperately needs it for school (college), work, and to transport brothers to school out of county.

Any advice?
Yes, I have advice.
1. It's not your son's job to transport his brothers to school.
2. It's also illegal to send children to a school out of their county
3. Tell your son to grow up and quit being a negligent driver and to quit sending his momma out to find info a grownup man should find out for himself.

That is all.
 

acgarlick

Junior Member
Is his license for sure going to be suspended or are you going to court to find out? Maybe a lawyer could help getting it reduced; however, I don't know how serious it is and what his driving record looks like. Public transportation, walking, bicycle, taxi cabs, and paying somebody for a ride are options. Lightweight (racing bikes) are good for long distance but require a good stamina and little luggage.

Silverplum: Not all schools require you to live in the same county. Private schools don't. If he's doing it than there is a reason for it, try not to state irrelevant answers...as always.

Don't let Silverplum get to you, he just try's to offend people.
 

Silverplum

Senior Member
Silverplum: Not all schools require you to live in the same county. Private schools don't.
That's true. Good boy!
acgarlick said:
If he's doing it than there is a reason for it, try not to state irrelevant answers...as always.
Don't be a jerk, tiny tot...as you usually are. :rolleyes:
And the reason for driving his brothers is...? What? Why is he responsible for that? You don't know. Only OP knows...and she ain't coming back, is she?
acgarlick said:
Don't let Silverplum get to you, he just try's to offend people.
Learn to spell, tiny tot.
 

spicyt

Junior Member
Is his license for sure going to be suspended or are you going to court to find out? Maybe a lawyer could help getting it reduced; however, I don't know how serious it is and what his driving record looks like. Public transportation, walking, bicycle, taxi cabs, and paying somebody for a ride are options. Lightweight (racing bikes) are good for long distance but require a good stamina and little luggage.

Silverplum: Not all schools require you to live in the same county. Private schools don't. If he's doing it than there is a reason for it, try not to state irrelevant answers...as always.

Don't let Silverplum get to you, he just try's to offend people.
Thank you for your response. Don't worry, I don't let other people dictate my mood or assume that I won't be back because they think they scared me away. Just because I don't respond to their "advice" doesn't mean they scared me away. They just don't deserve a response that's all.

Aside from the immature and petty people on the board, yes his license will be suspended effective that day. The hearing is set to try and have that order reversed. I just wasn't sure what if anything is needed to prepare prior to the hearing.
 

Silverplum

Senior Member
Thank you for your response. Don't worry, I don't let other people dictate my mood or assume that I won't be back because they think they scared me away. Just because I don't respond to their "advice" doesn't mean they scared me away. They just don't deserve a response that's all.

Aside from the immature and petty people on the board, yes his license will be suspended effective that day. The hearing is set to try and have that order reversed. I just wasn't sure what if anything is needed to prepare prior to the hearing.
Yay! Slightly safer roads! Yay! :D
 

acgarlick

Junior Member
It is irrelevant to ask why he has to drive his brothers. I'm sure your just supposed to know that he has been driving his brothers and it's going to be difficult finding them other rides. There put into a difficult situation and was wanting advise on what to do now. Not that it isn't the brothers responsibilty to drive them. For reasons none of us know, it might as well have been his responsibilty to drive them. Tiny tot-1 Old Man Balls-0 GG XD

I love the maturity in this too.

Edit- Just make sure your a few minutes early for the court hearing and dress nicely. Yes your honor, No your honor. That is all and good luck.
 
Last edited:

Zigner

Senior Member, Non-Attorney
Look, your kid is DANGEROUS! A 6 month cooling off period is probably the best thing for him.

Don't put your other children in danger. Find alternate transportation.
 

Silverplum

Senior Member
Look, your kid is DANGEROUS! A 6 month cooling off period is probably the best thing for him.

Don't put your other children in danger. Find alternate transportation.
That's why it matters.

Geez, you'd think I set a state on fire, or something. :rolleyes:
 

Silverplum

Senior Member
It is irrelevant to ask why he has to drive his brothers. I'm sure your just supposed to know that he has been driving his brothers and it's going to be difficult finding them other rides. There put into a difficult situation and was wanting advise on what to do now.
I don't give a rat's nose. Personal problems are of no legal concern. This IS a legal board, tot. You might want to remember that.
acgarlick said:
Not that it isn't the brothers responsibilty to drive them. For reasons none of us know, it might as well have been his responsibilty to drive them.
No, it's LEGALLY NOT. Because they aren't his kids.

It's a LEGAL THING, kid. You wouldn't understand. That's because you don't read. You just jump in, knowing nothing of the law, and start spouting.
acgarlick said:
Tiny tot-1 Old Man Balls-0 GG XD
If you only knew, you'd be laughing (a mocking sort of laugh) at you, too. :p But now I know exactly who you are, and you have been here before...this is a gamespot for you.
*flush!* to the tiny troll.
acgarlick said:
I love the maturity in this too.
I knew you'd end up loving me. EVERYONE does. ;)
acgarlick said:
Edit- Just make sure your a few minutes early for the court hearing and dress nicely. Yes your honor, No your honor. That is all and good luck.
WHO are you advising? Momma? She's not going to court. Babyboy is.

Tell babyboy what to do. HE'S the idjit who can't do his own research and has to have his momma do it for him.
 

Hey There

Member
Information to get

10-26-07
Go to Google
Type in DMV hearing for licence in CA.
I haven't checked the websites on this page, but I clicked on the first one and it looks promising to give you the information you requested.
In Chapter 15, Pages 2 thru 5 in a book PUBLISHED by NOLO on fighting tickets in CA. there is a description of what happens and how to prepare for a DMV hearing. Your local library should have this book on hand or be able to obtain it for you.
Some lawyers will consult for a small fee or for no fee. This doesn't mean you retain that lawyer, just that the lawyer can advise you.

Regards,
Hey THere
 

CdwJava

Senior Member
This is ALL the hearing will concern itself with:

Scope of NOTS Hearing
The scope of a NOTS hearing is limited to the following:

- Correctness of driver record.
- If there are any pending court charges, collisions or convictions not shown on the record (which will not be used as the basis for an action, but may reflect whether the driver has a negligent pattern of driving).
- If the driver is responsible for collisions on the driver record.
- Alcohol consumption related to major violations and collisions when indicated by the record.
- Any mitigating/aggravating factors.
- Physical and Mental conditions related to the driving record.​
More info can be found here:

http://www.dmv.ca.gov/dl/driversafety/neg_operator.htm

I certainly hope you are not paying for his car or his insurance!

As an adult, he is likely to have to face the music for his actions. Depending on the nature and time frame of the violations it is very likely he will have to suffer at least a short suspension of his license. After that suspension he might be eligible for a restricted license. But, it all depends on the hearing officer - some are more lenient than others.

- Carl
 

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