Cell Phone Ticket on Suspended License

[mrswishful]

San Francisco, CA

My husband just got a cell phone ticket this afternoon while he was on his way to the courthouse to sort out his suspend license(long story of how that happend- but basically an accident a couple years ago that was unresolved and now 2 years later dmv is putting a hold on it). The officer luckily did not run his license number and just gave him a ticket.

So I have a couple questions on what to do from here.

- Should he try to fight the cell phone ticket?
- Will they run his information later and find out he was driving with a suspended licenses?

Any and all your help is gratefully appreciated. Thank you!

 

[Zigner]

San Francisco, CA

My husband just got a cell phone ticket this afternoon while he was on his way to the courthouse to sort out his suspend license(long story of how that happend- but basically an accident a couple years ago that was unresolved and now 2 years later dmv is putting a hold on it). The officer luckily did not run his license number and just gave him a ticket.

So I have a couple questions on what to do from here.

- Should he try to fight the cell phone ticket?

On what basis?

- Will they run his information later and find out he was driving with a suspended licenses?

They could.

 

[mrswishful]

On what basis?
Well I watched a video on youtube saying you could fight cell phone tickets. So that it would not show up on his record.

They could.
If they do find out later he was driving on a suspended license while he got that tickets what would be the result?

 

[CdwJava]

My husband just got a cell phone ticket this afternoon while he was on his way to the courthouse to sort out his suspend license

Wait ... hold on ... he was DRIVING to the courthouse to deal with his prior SUSPENDED LICENSE case? And he was driving on a suspended license while talking on a cell phone?!?!

The officer luckily did not run his license number and just gave him a ticket.

Very lucky guy! He could have lost the car for 30 days! I hope he has a couple thousand dollars sitting around ot pay for such an impound.

So I have a couple questions on what to do from here.

- Should he try to fight the cell phone ticket?

It might be in his best interest to dispose of it quickly - before the state discovers he was also suspended and amends the citation!

- Will they run his information later and find out he was driving with a suspended licenses?

Yes, they can.

 

[CdwJava]

If they do find out later he was driving on a suspended license while he got that tickets what would be the result?

He could be charged with a misdemeanor criminal offense that could land him in county jail for up to 6 months. Likely they would just fine him, but jail is a possibility.

 

[Ravenlocke]

hmm

He could be charged with a misdemeanor criminal offense that could land him in county jail for up to 6 months. Likely they would just fine him, but jail is a possibility.

Actually it's worse than that, he is almost GUARANTEED at least a week in jail (they consider it a learning experience, and wake up call) if they do run his info unless the judge is in a EXTREMELY good mood. And if he is ever caught driving on a suspended license he can be arrested on the spot so he got lucky. Oh and if they run his info and he is charged for it he will get his suspension increased for another year minimum.

Tell him to stop being so careless I mean driving to the courthouse to handle a suspended license and driving? What if an officer asked him how he got there? Then walks outside to see no one else in the car? He'd arrest him on the spot, not a very wise move on his part. That is like going to rob a bank but stopping at the Police Station next door to the bank with gun in hand to ask for directions to the bank.....

 

[mrswishful]

Thank You

Thank you for all the info.

He understands what he did was not a wise decision.

I just came on here to see what advice could be given.

Thanks for the help.

 

[Ravenlocke]

no problem

Thank you for all the info.

He understands what he did was not a wise decision.

I just came on here to see what advice could be given.

Thanks for the help.

No problem, honestly I would just pay the ticket ASAP and hope they don't dig at all. The cost of paying the cell phone ticket will be FAR less than if they run his info and is charged with driving on a suspended license, the fine alone is close to $300 let alone the minimum 1 year added to the suspension and you'd probably need a lawyer to avoid jail time for him which is pretty expensive also. The cell phone ticket is truly the cheapest way out.

 

[mrswishful]

Once again, thank you. I will advise him as such.

 

[CdwJava]

Actually it's worse than that, he is almost GUARANTEED at least a week in jail (they consider it a learning experience, and wake up call) if they do run his info unless the judge is in a EXTREMELY good mood. And if he is ever caught driving on a suspended license he can be arrested on the spot so he got lucky. Oh and if they run his info and he is charged for it he will get his suspension increased for another year minimum.

The cite would have to be amended prior to trial, and he would have to be arraigned in a different court. Most counties handle most suspended DL cases in traffic court absent some aggravating factors. This might be one of them, but it is rare that a DA files in criminal court (potentially requiring an expensive jury trial) for suspended cases.

If the OP pleas to the cell phone infraction he may well avoid any further consequences.

Tell him to stop being so careless I mean driving to the courthouse to handle a suspended license and driving? What if an officer asked him how he got there? Then walks outside to see no one else in the car? He'd arrest him on the spot, not a very wise move on his part.

This is something many officers do. It can be quite amusing.

 

[mrswishful]

Thanks

Thanks again for all the replies..

He's still not sure what to do. Firstly he's trying to sort out the suspended license.

Thanks!