• FreeAdvice has a new Terms of Service and Privacy Policy, effective May 25, 2018.
    By continuing to use this site, you are consenting to our Terms of Service and use of cookies.

Removnig driver license suspension from record

Accident - Bankruptcy - Criminal Law / DUI - Business - Consumer - Employment - Family - Immigration - Real Estate - Tax - Traffic - Wills   Please click a topic or scroll down for more.

mcroger

Junior Member
What is the name of your state (only U.S. law)? CA

Hi guys, this is a repost as my previous post had a link, and i didn't see it make it through to the forum in the past 4 days.

I'm writing to ask what I can do to get any record of my driver license being suspended removed from the DMV system. When i called them, they said there is some form which the court has to file, but I'm not sure what that is, or how to request it. Here's an explanation of events:

August 27th, 2012: I got a “No Front Plate” ticket issued to me.

September 27th, 2012: I got a new front plate mounted for my car, and I went to the Police Station where my car was inspected and signed off by a Police Officer. On the same day, I made a check to SF Court and mailed it in along with the signed ticket.

May 22nd, 2013: I went to the DMV and was told my license was suspended. I was asked to call the San Francisco Court who told me that I never fixed my ticket from August and have to pay a fine of $495 to get my license reinstated. I was surprised and brought proof that I mailed the ticket and the check months ago. Upon further investigation, I realized I mistakenly mailed the ticket to SFMTA, instead of the SF Court. I was told since it’s been so long, I have to pay the full fine of $495 to fix this issue, which I did. I also went to the DMV and paid $55 to re-instate my license.

October 1st, 2013: My insurance hiked my insurance premium by over $600 saying that I have a past suspension record on my license. I was told it lasts for 7 years on my record and indicates a bad driving record. What could have been a $25 fix-it ticket is now an immensely burdensome $5000 in the next 7 years.

October 3rd, 2013: I prepared a letter addressing Judge Gail Dekreon at SF Traffic Court, where I explained to her the above timeline and apologized for overlooking the mailing address. (SFMTA was the first result on google, so i went with that). I asked her to see if she can remove the suspension record and allow me leniency on the fees. I took it to the counter at the court, and they just stamped it "RECIEVED" and put it in the clerk's bin. I was told I might or might not receive a reply.

November 15th, 2013: I received a one page letter in the mail which was a photocopy of some form the clerk filled out on my behalf and signed for me too! I tried to post an image to this form but it looks like posts with links aren't getting through. So, here's my best explanation of whats on the form:

Superior Court of California
County of San Francisco
Traffic Division
...

People of State of California, Plaintiff

vs.

<my name>, Defendent

PETITION TO VACATE
CIVIL ASSESSMENT [PC $1214.1]
AND COURT ORDER ON PETITION

IN ORDER TO REQUEST A WAIVER OF CIVIL ASSESSMENT, YOU MUST DO THE FOLLOWING WITHIN 20 DAYS OF THE DATE ON THE NOTICE OF CIVIL ASSESSMENT UNLESS GOOD CAUSE IF SHOWN FOR DELAY:
...


COURT ORDER ON PETITION

x Petition Denied ... Sum of $300 is due forthwith. The court will release the hold on your driver's license upon payment of the fine in full.

On defendent's moving violation:

x the court accepts proof of correction

Signed by Judge of Superior Court
So, whats nice is they actually refunded me about $200. It looks like the clerk filled the form on my behalf and got it signed / stamped by the Judge. At this point I was happy they took my request into consideration, and was waiting for the suspension record to disappear from the DMV records. Its been a year and its still on my record. Can someone explain to me what this form is? And, does anyone have pointers on how I can request the clearing of my record?

Thanks.
rb
 


CourtClerk

Senior Member
They intended to release the hold because the fine was paid as directed. Releasing the hold (which would stop you from reinstating your license or renewing your license) is different than deleting the record of suspension. The suspension stands. Your record shows a true and correct record of what has occurred. They don't remove records just because you want it done.
What is the name of your state (only U.S. law)? CA

Hi guys, this is a repost as my previous post had a link, and i didn't see it make it through to the forum in the past 4 days.

I'm writing to ask what I can do to get any record of my driver license being suspended removed from the DMV system. When i called them, they said there is some form which the court has to file, but I'm not sure what that is, or how to request it. Here's an explanation of events:

August 27th, 2012: I got a “No Front Plate” ticket issued to me.

September 27th, 2012: I got a new front plate mounted for my car, and I went to the Police Station where my car was inspected and signed off by a Police Officer. On the same day, I made a check to SF Court and mailed it in along with the signed ticket.

May 22nd, 2013: I went to the DMV and was told my license was suspended. I was asked to call the San Francisco Court who told me that I never fixed my ticket from August and have to pay a fine of $495 to get my license reinstated. I was surprised and brought proof that I mailed the ticket and the check months ago. Upon further investigation, I realized I mistakenly mailed the ticket to SFMTA, instead of the SF Court. I was told since it’s been so long, I have to pay the full fine of $495 to fix this issue, which I did. I also went to the DMV and paid $55 to re-instate my license.

October 1st, 2013: My insurance hiked my insurance premium by over $600 saying that I have a past suspension record on my license. I was told it lasts for 7 years on my record and indicates a bad driving record. What could have been a $25 fix-it ticket is now an immensely burdensome $5000 in the next 7 years.

October 3rd, 2013: I prepared a letter addressing Judge Gail Dekreon at SF Traffic Court, where I explained to her the above timeline and apologized for overlooking the mailing address. (SFMTA was the first result on google, so i went with that). I asked her to see if she can remove the suspension record and allow me leniency on the fees. I took it to the counter at the court, and they just stamped it "RECIEVED" and put it in the clerk's bin. I was told I might or might not receive a reply.

November 15th, 2013: I received a one page letter in the mail which was a photocopy of some form the clerk filled out on my behalf and signed for me too! I tried to post an image to this form but it looks like posts with links aren't getting through. So, here's my best explanation of whats on the form:



So, whats nice is they actually refunded me about $200. It looks like the clerk filled the form on my behalf and got it signed / stamped by the Judge. At this point I was happy they took my request into consideration, and was waiting for the suspension record to disappear from the DMV records. Its been a year and its still on my record. Can someone explain to me what this form is? And, does anyone have pointers on how I can request the clearing of my record?

Thanks.
rb
 

mcroger

Junior Member
While that is true, isn't there any common sense in the system? Why would anyone go as far as suspending and continuing to hold that record for a fix-it license plate ticket!?
 

CourtClerk

Senior Member
While that is true, isn't there any common sense in the system? Why would anyone go as far as suspending and continuing to hold that record for a fix-it license plate ticket!?
Common sense says don't get your license suspended. There is no hold on your license. Your record shows that there was once a suspension (which there was) for your failure to appear (which is really what the suspension is for). What there isn't common sense in is your inability to understand that there are consequences to your actions or inaction, even if that action or inaction is inadvertent.

I know... BUT IT'S NOT FAIR!!!! But the law doesn't say that life has to be fair, either.
 

davew128

Senior Member
While that is true, isn't there any common sense in the system? Why would anyone go as far as suspending and continuing to hold that record for a fix-it license plate ticket!?
Common sense would dictate that you mail the check and documentation to the address on the ticket and courtesy notice if you received one rather than googling the courthouse address, which you did incorrectly.
 

Find the Right Lawyer for Your Legal Issue!

Fast, Free, and Confidential
data-ad-format="auto">
Top