freelancing and moving with a restricted license

[ndeplume]

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


Hello all,

I'm a first time DUI offender with a restricted license and a couple of questions. I realize that my restrictions limit me to driving "to and from" work, or to my DDP class, but as a freelance piano teacher who drives to clients' houses, this introduces some gray areas that have me confused. Since many of my clients live in different neighborhoods, I drive quite a bit, and cover a lot of distance. Often there are periods of time in-between lessons. If, for example, in-between lessons I stop at my parent's house to wait for an hour or two before leaving for my next student, is this a violation of the terms of my restriction? Does this qualify as "to and from" even if it is not my own address?

Also, regarding the "to and from" aspect, I happen to be in the middle of moving from my place in Koreatown to my girlfriend's in Chatsworth. This move has been approved by my probation officer. If I'm staying in Chatsworth, and have lessons in Koreatown later in the day, is it a violation to drive from my girlfriend's to my old apartment in the morning, when I have lessons in Koreatown later in the day??

Lastly, my car needs a smog check. I've read that stopping for gas is generally considered acceptable with a restricted license. Would something like a smog check fall under that same category of necessity?

Thanks in advance for any replies. I'm trying my best to go about all of this the right way, and this stuff is actually really stressing me out...

best,
Nate

 

[sandyclaus]

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


Hello all,

I'm a first time DUI offender with a restricted license and a couple of questions. I realize that my restrictions limit me to driving "to and from" work, or to my DDP class, but as a freelance piano teacher who drives to clients' houses, this introduces some gray areas that have me confused. Since many of my clients live in different neighborhoods, I drive quite a bit, and cover a lot of distance. Often there are periods of time in-between lessons. If, for example, in-between lessons I stop at my parent's house to wait for an hour or two before leaving for my next student, is this a violation of the terms of my restriction? Does this qualify as "to and from" even if it is not my own address?

Also, regarding the "to and from" aspect, I happen to be in the middle of moving from my place in Koreatown to my girlfriend's in Chatsworth. This move has been approved by my probation officer. If I'm staying in Chatsworth, and have lessons in Koreatown later in the day, is it a violation to drive from my girlfriend's to my old apartment in the morning, when I have lessons in Koreatown later in the day??

Lastly, my car needs a smog check. I've read that stopping for gas is generally considered acceptable with a restricted license. Would something like a smog check fall under that same category of necessity?

Thanks in advance for any replies. I'm trying my best to go about all of this the right way, and this stuff is actually really stressing me out...

best,
Nate

Rather than answering each individual question, allow me to simplify the rules for you.

When the restrictions were placed, it specified you were restricted to driving "to and from" your work and your DDP class. The idea here is to limit the amount of time you are allowed to drive. Anything that isn't covered under these two very specific allowances IS NOT PERMITTED.

That means from your HOME or RESIDENCE to Work and back. The only acceptable detour would be to your DDP class. Or to stop and fuel your vehicle. Not to or from anywhere that is not where you're staying that night.

If you have time between your lessons, you either stay put where you are, or you get where you want to go by NOT driving there until it's actually time to go to your next lesson.

If the purpose of you driving from Chatsworth to Koreatown is because you have a lesson there, then that is permissible, because you are going from home (or where you stayed overnight) to work. But any side trips are not. That includes a side trip for your smog check - have someone else take your car to do that, or have them drive you there and back.

 

[ndeplume]

Thanks for your quick response.

I realize that the restrictions are quite specific, and I suppose I was basically expecting the type of reply you gave. My plan is to take the parameters at face value and avoid any possible risk of further trouble. I guess I just wanted to see if any reasonable allowances were made for those types of situations, or if enforcement leans towards a no-ambiguity, no-tolerance type of scenario.

I suppose work related matters such as buying supplies for lessons are restricted as well...

 

[sandyclaus]

Thanks for your quick response.

I realize that the restrictions are quite specific, and I suppose I was basically expecting the type of reply you gave. My plan is to take the parameters at face value and avoid any possible risk of further trouble. I guess I just wanted to see if any reasonable allowances were made for those types of situations, or if enforcement leans towards a no-ambiguity, no-tolerance type of scenario.

I suppose work related matters such as buying supplies for lessons are restricted as well...

Think of it this way. Take extreme measures to restrict driving except for going to and from home/residence to your work sites and your DPP classes. Anything else, make a plan to get there some other way than driving yourself. Better to play it safe than be sorry that you didn't and got caught doing so.

 

[betachains]

For the situations you outlined, the answers would be that you can't do any of them without violating the terms of the restriction.

In practice, of course the majority of restricted licensees go beyond "to-and- from work and DUI classes".

How good are you at lying to cops in the unlikely case you are stopped? Are the consequences (car impound, violation of probation, new penalties) worth the ((low) risk?

 

[HighwayMan]

Are the consequences (car impound, violation of probation, new penalties) worth the ((low) risk?

I don't see the risk as being "low".

 

[HighwayMan]

...I just wanted to see if any reasonable allowances were made...

Yes, the reasonable allowance is that you are allowed to drive at all.

You don't seem to understand that the restricted license is punishment meant to severely limit your driving. It's not supposed to be a minor inconvenience.

If I was you I would carry some type of paperwork that can document that you are traveling to a client's house for each trip you make.

 

[betachains]

I don't see the risk as being "low".

The exact risk is not exactly quantifiable, depending on locale, driving habits, miles driven, condition of car, etc. But it is "low".

The majority of suspended drivers (not just restricted) drive. Most of them never get stopped.

I did advised the OP to follow the limits of his driving restrictions.

 

[HighwayMan]

...But it is "low".

That's your opinion. I'll stick with mine.

The majority of suspended drivers (not just restricted) drive. Most of them never get stopped.

Oh really? What's the factual basis for these statements? Or are these simply opinions that you are presenting as facts?

 

[betachains]

That's your opinion. I'll stick with mine.



Oh really? What's the factual basis for these statements? Or are these simply opinions that you are presenting as facts?

According to the NHTSA, in CA 70% of suspended/revoked drivers drive.
http://www.nhtsa.gov/people/injury/enforce/guidelines/bkgrnd.htm

 

[davew128]

Oh really? What's the factual basis for these statements?

I know you're in NY. However trust me, in SoCal that is a real problem.

 

[betachains]

I know you're in NY. However trust me, in SoCal that is a real problem.

This isn't translatable to the exact risk of being caught driving on a restricted license, but in CA 15% of all drivers do not have insurance, and 17% of all fatal traffic accidents involve a suspended/revoked/never-licensed driver. Allowing for the dangerous driving habits of the latter demographic, it is still likely that a double-digit percentage of CA drivers do not have valid licenses. They aren't arresting a million drivers for these offenses.

As I said, the chances of being caught driving on a restricted license is low, esp. if you only drive in the daytime, reasonably well, and have a fully-functioning vehicle. I don't advise it, but the OP should be aware of the real risks.

 

[cyjeff]

The purpose of a legal website is not to try to estimate the chances of getting caught breaking a law.

It is to outline the legal definition of terms and conditions typically used by the court.

You want to recommend people break the law because the risk is "low" or "because everyone else is doing it", I recommend you find another site. Next time, you get reported.

 

[betachains]

The purpose of a legal website is not to try to estimate the chances of getting caught breaking a law.

It is to outline the legal definition of terms and conditions typically used by the court.

You want to recommend people break the law because the risk is "low" or "because everyone else is doing it", I recommend you find another site. Next time, you get reported.

I don't recommend that anyone break the law. I have advised on 2 occasions that the OP follow the terms of his restriction. In fact, I wish all suspended/revoked/never-were licensees were punished severely. ( Where I live, the figures are that *25%* of drivers don't have insurance.) The reality is that many, many people drive without a valid license.

As for the purpose of this forum, c'mon. Most of the comments are moralistic, legally-ignorant, one-line cracks. Real legal advice is rare.

Report me now.

 

[Zigner]

Most of the comments are moralistic, legally-ignorant, one-line cracks.

Thanks for your frank self-assessment.