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Driving on suspended

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thisisj0

Junior Member
California.

ok so heres the deal. I recieved my wet wreckless on september 5 2007. I am eligible to get my license on OCtober 27th 08.

Yesterday i had a friend drive me around all day in my car. Later on my mom asks me to bring the car back. I made a unwise decision and we decided that it would be best to stop by my friends house, pick up his car and he would follow me home. Boy was i wrong. On the way home i got pulled over for speeding. the cop was nice but he charged me with cvc 22350 and cvc 146012a. He also impounded my car. Now i dont have to go to court until december 17th. I asked the cop if there was anyway to get my car out of impound sooner and he said that since the car is registered underneath my fathers name he can argue and say that he had no idea i was driving and pick up the car himself since its underneath his name. Now my questions are as follows. ....

My father is out of town and only my mother is home. can she get the car out of impound if she says she did not know i was driving? Also what punishment can i face if found guilty on december 17th?

sincerely Joe
 


CdwJava

Senior Member
The registered owner of his agent can schedule an administrative impound hearing with the impounding agency. Your mom will have to prove to the satisfaction of the hearing officer that she has permission to act on the registered owner's behalf.

If she can convince the hearing officer that you did not have permission to take the vehicle and will not have access to it again, he might release it. However, this is often an uphill battle because it is hard to argue that he didn't have permission to take the car without reporting it as stolen. But, the agency can sometimes be lenient.

The penalty you face will depend on priors. Since you were charged with CVC 14601.2(a), you have a previous DUI offense. if you are still on probation for that, you might be returned to custody for that offense and have to serve out your time on that. In addition to any penalty remaining from your original charge(s), you also face 10 days to 6 months in jail and a fine of between $300 and $1,000 (before court costs and fees are attached).

I hope you didn't plan to get your license back for a few years.

- Carl
 

thisisj0

Junior Member
is there a good chance of the officer not showing up to the hearing if I choose to fight the ticket and repeatedly extnd the hearing date?
 

CdwJava

Senior Member
is there a good chance of the officer not showing up to the hearing if I choose to fight the ticket and repeatedly extnd the hearing date?
As good or bad as any other court hearing.

He'll get notified after you notify the court of the extension, so he'll just keep getting put off like you will. And in a matter like this - a misdemeanor - it may be handled in Superior Court as opposed to traffic court, so they aren't going to play games with you.




- Carl
 

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