Resolving your Suspended License in California

California License Issues

In California, millions of people rely on their car licenses to drive to and from work every day. Losing your license or having it suspended can be not only an inconvenience, but a burden on you and your family.

Contact a Lawyer or Attorney today.

Resolving your License issues in California.

In California, there are two main types of restrictions placed on a drivers license – Suspension and Revocation.
The California Department of Motor Vehicles is responsible for administering these restrictions.

It is advised that if you have a suspended or revoked license in California, you should contact your lawyer or attorney immediately.

How can I check the status of my license?

You can attend your local DMV and file a paper request (INF1125); place a request online with a small fee; or you can request via mail a license status update.
Your lawyer could also assist you in this matter.

How should I proceed if my license is suspended?

It is in your best interest to meet any DMV requirements or seek legal advice if you feel the suspension / revocation is unwarranted.

What happens if I am caught driving with a suspended or revoked license?

It is a crime under California Law to drive a vehicle while your license is suspended. To secure a conviction a prosecutor must prove that:
a) the individual drove a vehicle while the license was suspended;
b) that, at the time of driving, the individual was aware that their license was suspended.
If convicted, there is the potential for hefty fines and even jail time. The specific penalty would depend on the reason for the initial suspension.
It is also a crime to drive on a revoked license in the state of California. The same burden of proof applies for the prosecutor. It must be shown that the individual drove the vehicle while their license was revoked and they were aware that their license was revoked.
Even for a first conviction, penalties include the possibility of jail time and hefty fines.

How do I have my Suspended Driver’s License Reinstated?

After your term of suspension is complete you may apply for reinstatement of your suspended license.

First you must meet certain requirements such as:

All penalties and fines must be paid in full
Any prison sentence must be completed
Any mandated courses must be completed (e.g. Drug & Alcohol Education)
Attend DMV and provide documentation requested (Insurance, registration etc.)
Pay all fees relating to the reissue or reinstatement of your license

Can a revoked license be reinstated?

In California, revoked licenses are not reinstated. If the period of revocation has ended you may apply for a new license, however you must meet the same requirements listed for “Suspended License reinstatement” above.

In some cases, the revocation of license is permanent. If revocation occurred as a result of commission of offenses such as: DUI murder; DUI manslaughter; or Felony assault with a deadly weapon – the vehicle being the weapon, the revocation is permanent and you will be unable to secure a license.

What can I do if I need my license for work or school?

If losing your license places you in hardship, it is often possible to obtain a Restricted License.
This license will allow the driver to go to and from certain places while their licence is suspended.
If you believe that you are eligible for a restricted license or would like to seek further advice about a Restricted License, contact us for a free consultation.

How can securing an attorney help?

There have been many changes to the Licensing laws in California and these can be difficult to understand. Securing a lawyer to help you will ensure you obtain the best possible understanding and outcome for your personal matter.

It may be possible to secure a Restricted Licence and avoid a suspension. This will alleviate any further hardship.
A local lawyer will be able to look at your individual case and guide you through the process. Your attorney will assist you every step of the way.

Here at Road Justice, we offer Free Consultations for all of our clients.
To begin the process and work towards a resolution, get in contact with us as soon as possible.

RoadJustice March 13, 2020 Attorney & Lawyer Help, California, Suspended License Suspended License

How do I know if I have a warrant?

There are numerous ways to find out if you have a warrant.

California Department of Justice and Attorney General can perform a background check to see if you have any outstanding warrants. Various websites also exist, but they come at a cost and don’t always have full Judicial Information. Warrants in California are considered a public record. The data input can be subject to delays. This can affect the accuracy of the information.

Speaking to the clerk or attending the courthouse in the County of issue can provide accurate information, but may lead to your arrest. If you feel that you may have a Warrant issued in your name, contact your Attorney. They can search within the judicial system. They can then provide you with the best possible way to proceed.

In the state of California you are able to perform a free online Warrant search. There is a Wanted Persons System (WPS).

This is provided by the Department of Justice and the Attorney General. You can also contact the courthouse in the county where you think a warrant may be issued. Some Courthouses have a Warrants line specifically dedicated to this. If you cannot get your results by phone then you can visit the courthouse physically.

At Road Justice we are happy to assist our clients in accessing the most up to date Judicial records to determine whether Warrants exist for the nominated person.

Contact your Attorney as soon as possible. They will establish what type of Warrant has been issued in your name and obtain verification of your Warrant. Remember there are different ways of proceeding for different cases. Having as much information on your matter will ensure the best possible outcome. Be sure that you provide your attorney with as much evidence as you can to assist with your matter.

At Road Justice our team of Attorneys treat you as an individual. Our successful resolution rate is a testament to our dedicated team and their efforts. Our aim is to provide all of our clients with the best possible outcome.

What types of warrants are there in California?

A Warrant is issued by the Court. It is then given to Law enforcement to serve on the person named in the warrant. Warrants not served are known as Active Warrants. If an active warrant is unable to be served, after time, it becomes an outstanding warrant.
All Warrants require your immediate attention. Warrants do not expire in the State of California.
The three types of Warrants commonly issued in California are: Bench Warrant; Arrest Warrant and Search Warrant.

Road Justice can help you with your warrant related questions.
We offer FREE consultations - Get in contact today!

Bench Warrant is the most common warrant issues in California. A bench warrant is dispensed from the court, by a judge. Any failure to obey any order issued by California court can lead to a Bench Warrant being issued.

Some examples of this are

failure to pay fines
failure to attend classes or counselling
failure to appear at court.

Call your Attorney as soon as possible if you have been served with a Bench Warrant. You have a small window of time to act. Rather than surrender yourself to police custody, arrangements can be made to appear for arraignment. In some cases, it is possible for your Attorney to appear for you at arraignment and deal with your matter without you even attending.

Arrest Warrant is usually initiated by police officer and/or DA and then issued by a judge.
This is done only when there is probable cause that a crime has been committed. This gives law enforcement the right to arrest and detain the person named in the Warrant.

There are two types of arrest Warrants, Felony Arrest Warrant (PC 813-PC816) and Misdemeanour arrest Warrant (PC 1427).
Do you believe you have an arrest warrant issued in your name? If so contact your attorney now. After establishing a warrant does exist – your attorney may have the matter dealt with by going directly to court.
The arrest warrant may be cleared without you spending any time in jail.

Search Warrants are issued when it is suspected that that criminal activity exists in a particular location.

A magistrate will issue a Search Warrant. This is based on evidence presented by a police officer, and whether there is probable cause. The details of the Search Warrant are laid out and must be followed. For example: the time of execution & where exactly officers can search.

Your Attorney should be there when the Search Warrant is being executed. Police are required to provide written receipts of all items seized. Your Attorney can represent you in any further Court Proceedings and present any facts that may help you. They may move to suppress evidence or present new evidence so that the magistrate hearing your case may make an informed decision.

Accidents – Frequently Asked Questions

Why do I need an attorney to handle my Misdemeanor?

Misdemeanor cases are vastly different as there is a long list of crimes that are classed as misdemeanors. This means that every case is unique and will require an attorney to have the knowledge of what to do in your specific circumstances. Having an attorney can help with the various court proceedings that will follow being charged with a misdemeanor. An attorney can do things such as recall a warrant or represent you in court to negotiate with the prosecution to find the best resolution for you.

RoadJustice November 21, 2019 California, Frequently Asked Questions, Misdemeanors

Warrants Information Sheet

Warrants are signed by judges, and they give police the authority to search your home or arrest you when they see you.
There are three types of warrants that can be issued against you in California: an arrest warrant, bench warrant, and search warrant. While they have some similarities, they are used for different reasons.

In California specifically, arrest, bench, and search warrants are court orders issued by a court or judge.
Once a warrant is issued police officers must promptly search for the defendant. If found, the officers may or may not display the warrant to the defendant or if unavailable, advise the defendant of its existence and display the original or certified copy to the defendant at a later time if requested, usually by the defendant’s attorney.

A California arrest warrant authorizes law enforcement officers to arrest and detain you if they suspect you of committing a crime outside of an officer's presence.

Judges issue arrest warrants based on:

evidence presented to them by a peace officer and/or a District Attorney, or
following a grand jury indictment.

In order to be valid, a California arrest warrant must include:

name of the defendant,
crime which he/she is accused of committing,
time of issuance,
city or county of issuance,
signature and title of the judge, and
name of the court.

While in many cases, warrants are issued for the arrest of criminal suspects, the majority of warrants in California are issued as a result of an individual's noncompliance. An attorney is always recommended to ensure a prompt and efficient outcome.

RoadJustice July 11, 2019 California, Information Sheet, Lawyer, Warrants

California Warrants – Frequently Asked Questions

How important is it to have representation in the event I am issued a warrant?

In the event of any arrest in which you do not appear for a court hearing date the court will issue an arrest warrant.

You are advised to have an experienced attorney to recall your warrant and resolve your case in your favor. Without representation this might result in severe consequences.

Once you or your attorney appear in court the warrant will be recalled and quashed afterwards there would be a new hearing for a future date in which the case can be settled.

RoadJustice July 5, 2019 California, Frequently Asked Questions, Suspended License

California Suspended License – Frequently Asked Questions

RoadJustice July 5, 2019 California, Frequently Asked Questions, Suspended License

California Misdemeanors – Frequently Asked Questions

Why do I need an attorney to handle my Misdemeanor?

Misdemeanor cases are vastly different as there is a long list of crimes that are classed as misdemeanors. This means that every case is unique and will require an attorney to have the knowledge of what to do in your specific circumstances. Having an attorney can help with the various court proceedings that will follow being charged with a misdemeanor. An attorney can do things such as recall a warrant or represent you in court to negotiate with the prosecution to find the best resolution for you.

RoadJustice June 30, 2019 California, Frequently Asked Questions, Misdemeanors

California DUI – Frequently Asked Questions

How will this affect my driving record and ability to drive?

Following a DUI, you may receive a notice of suspension for a period up to 4 months mandatory suspension, followed by 3 months of restricted driving.

To be granted the ability to be a restricted driver, you must process an appeal with the DMV showing the following:
1. Proof of enrollment in alcohol rehabilitation classes.
2. SR22 form (Financial Responsibility/Insurance). These can be acquired by contacting an insurance agent.
3. $125 DMV fee for a restricted license
4. Have an IID (Ignition Interlock Device) installed in your car. You may also be required to keep the IID installed in your car for a period of time that exceeds the original period of being a restricted driver.

RoadJustice June 30, 2019 California, DUI (Driving Under the Influence), Frequently Asked Questions

DUI Information Sheet

A first-time DUI in California can result in consequences ranging from misdemeanor probation to time in jail.
Defendants may be able to continue driving if they are granted an "IID restricted license," which requires them to keep an ignition interlock device (IID) in their car for four months.
But first-time DUI defendants who do not get an IID restricted license may endure up to a 6-month's driver's license suspension unless; the driver requests a California DMV hearing and wins, or if the driver is not convicted of a DUI in court.

All in all, consequences of a first-time DUI conviction in California can include:

3 to 5 years of informal probation (typically 3 years)
DUI school ranging from 3 to 9 months
Fines and penalty assessments totaling between $1,500 and $2,000 (depending on the county)
A 6-month driver's license suspension (though people may be able to get a restricted license or drive immediately with an IID restricted license)
Installation of an ignition interlock device for six months (unless the defendant chooses not to drive);
Up to 6 months in jail (depending on the county)
In some counties, work release
Indirect consequences (such as increased car insurance premiums and harsher penalties if the defendant gets convicted of a subsequent DUI).

A DUI arrest triggers two types of legal proceedings

Being arrested for driving under the influence subjects the driver to two sets of proceedings:

A jury trial or a bench trial in a California criminal court, and
A California DMV license suspension hearing.

The California DMV cannot find a defendant or put him or her in jail. It can only suspend the defendant's license. It will suspend a license automatically unless the defendant timely requests – and then prevails at a hearing but getting a DMV hearing is not automatic. The defendant must request one within 10 days of being arrested.

However if you hire an attorney, it's typically to represent you in the DMV proceedings and criminal court. Having the same attorney work on both aspects of your case can lead to better outcomes, including a shorter license-suspension period.

RoadJustice June 20, 2019 California, DUI (Driving Under the Influence), Information Sheet, Lawyer

California License Issues

How can I check the status of my license?

How should I proceed if my license is suspended?

What happens if I am caught driving with a suspended or revoked license?

How do I have my Suspended Driver’s License Reinstated?

Can a revoked license be reinstated?

What can I do if I need my license for work or school?

How can securing an attorney help?

What happens if you ignore your warrant?

How do I know if I have a warrant?

How do I check if someone has a warrant?

How should I proceed?

We're Here To Help

Bench Warrant

Arrest Warrant

Search Warrant

We're Here To Help

What is a misdemeanor?

What is my penalty?

Why do I need an attorney to handle my Misdemeanor?

I missed my court date and I have a warrant, what should I do?

How do I know if I have a warrant?

How important is it to have representation in the event I am issued a warrant?

Why did my license get suspended?

How do I get my license unsuspended?

Why do I need an Attorney to handle my suspended license?

What is a misdemeanor?

What is my penalty?

Why do I need an attorney to handle my Misdemeanor?

What happens now that I've been charged with a DUI in California?

Am I going to jail?

How much will my fine be?

How will this affect my driving record and ability to drive?

How important is it to have representation for DUI's?

How long is the court process?

Resolving your Suspended License in California

How do I know if I have a warrant?