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 It must be shown that the individual drove the vehicle while their license was revoked and they were aware that their license was revoked.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.

California Warrants – Frequently Asked Questions

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

Depending on the kind of case you have, generally the warrants are there so that the police can take you to court so that a judge can make a decision in regards to your case.
Before this happens, you should seek legal council to represent you during this process.

How do I know if I have a warrant?

If you miss your court date for any misdemeanor or felony a warrant for your arrest will be issued. 

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. 

California Suspended License – Frequently Asked Questions

Why did my license get suspended?

There are four categories of offenses that result in a license suspension.

  1. Excessive Points (4 or more points within 1 calendar year.)
  2. DUI
  3. Medical Reexamination
  4. Lack of Knowledge (In regards to traffic laws)

How do I get my license unsuspended?

By contacting the Driver Safety section of the DMV to request a hearing within a limited period of time.

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

There are many reasons why your license can be suspended. For things like failure to appear, excessive points/negligent operator, DUI or others. It is advised to seek legal council for these proceedings so that you have proper guidance. An attorney can appear in court for you or contact the DMV to resolve these problems as quickly as possible.

Suspended License in California

Any driver that drives with a suspended license is committing a crime according to the laws in the state of California. Some drivers are aware of the fact that their license has been suspended and some are not aware. In any case, the laws are written for immediate enforcement and a license suspension notice from the DMV is a serious matter that should be immediately addressed.
There are four common types of license suspensions in California. They are negligent operation, failure to appear, DUI and reexamination suspension. Each of these types of suspensions will eliminate your ability to drive for a predetermined amount of time.

 

Under negligent operation suspension, any driver that accumulates excessive points in the time period permitted under law will receive a license suspension. Points that are added to a license by the DMV will remain until cleared or dismissed. The addition of four points within 12 months, six points in 24 months, or eight points in a 36 month period will cause your license to be suspended.

A failure to appear suspension, known as an FTA, can be due to a missed court date, unpaid tickets or child support arrears. This information is immediately reported to the DMV by the court and a hold is placed on your license. This hold is a form of a suspension and will take away your privilege to drive.

An arrest for suspicion of a DUI requires an immediate suspension of your drivers license. After the arrest is made, the arresting officer will confiscate your license and submit it to the DMV for a notice of suspension.

A suspension by reexamination can be enforced by your lack of knowledge of driving laws, prior convictions for DUI or traffic violations or your inability to operate a vehicle safety in the opinion of a police officer.
You have the legal right to request a DMV hearing for review and determination of your ability to legally drive. Knowing the law is not enough to make a defense on your own behalf. The information, facts and opinions that will be presented at a DMV hearing require the experience of a legal professional to understand.