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DMV - Order of Suspension

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S

sparrowcide

New member
I live in California and am above the age of 18.

My car bumped into another car in the beginning of January and I was uninsured at the time of the accident. The damage to the other car was minimal and I did not file an SR-1 form.

I got a reminder from DMV to file for an SR-1 last week and I did so declaring that myself as uninsured during the time of the accident. Yesterday I received an "Order of Suspension" from DMV and learned that my license is set to suspend next month. I have 14 days from now to file for a hearing.
These are the facts:
  1. My insurance expired at the end of December and I left the country for Christmas. I returned to the US on January 5th and the accident happened the day after.
  2. My new insurance was set to kick in on the 10th of January.
  3. The damage to the car was minimal (no visible bumper damage).
My goal is to avoid this suspension. If this is not possible, I would like my sentence to be reduced.

What can I do?
 


N

NeilTheCop

Member
Forget about how minimal the damage was, you were an uninsured driver, nothing will change that fact.
Best talk to an attorney, as it seems you have no defense to offer at the hearing.
 
CdwJava

CdwJava

Senior Member
File for the haring. That should continue the suspension action until after the hearing. And, with DMV offices being closed, unless they offer a telephonic hearing as the only option, they will have to put the action off.

The DMV operates under their own rules and guidelines, and they can sometimes be hard to predict. I have worked with a number of DMV Investigators and Hearing Officers, and decisions can sometimes appear to be subjective. You MAY be able to do okay if you show you made a good faith effort to get new insurance after you returned home. But, it may not work. If you have the means, I would recommend consulting an attorney that deals with traffic matters as well. There may be some pearl of legal wisdom they can impart that might help you at the hearing.
 
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