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 It must be shown that the individual drove the vehicle while their license was revoked and they were aware that their license was revoked.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

How do I know if I have a 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
We offer FREE consultations - Get in contact today!

Warrants can be a serious issue if not dealt with swiftly

What happens if you ignore your warrant?

If you ignore your Bench Warrant, Arrest Warrant or Search Warrant your legal matter will be escalated within the judicial system.
The cost is far more than just money! Ignoring your Warrant can lead to further charges being laid against you. Apart from added violations, increased fines, licence suspensions and cancellation, there is even the possibility of jail.

Warrants do not expire in the state of California and will not go away.

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.

How do I check if someone has a warrant?

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.

How should I proceed?

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.

We're Here To Help

The process is as easy as can be - simply call or contact us online for a FREE consultation! We'll go over your case and all options that are available.
Then we send you a standard attorney-client agreement either via email or through the mail with all information and instructions you need to continue.
Once you send back these documents, we're ready to go - you don't have to lift a finger whatsoever!
We will constantly update you on the status of your case, but there's no reason for you to take time off work, speak to the court or attend any court dates.
We take care of everything!

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!

Warrants can be a serious issue if not dealt with swiftly

Bench Warrant

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

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 Warrant

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.

We're Here To Help

The process is as easy as can be - simply call or contact us online for a FREE consultation! We'll go over your case and all options that are available.
Then we send you a standard attorney-client agreement either via email or through the mail with all information and instructions you need to continue.
Once you send back these documents, we're ready to go - you don't have to lift a finger whatsoever!
We will constantly update you on the status of your case, but there's no reason for you to take time off work, speak to the court or attend any court dates.
We take care of everything!

What Are Traffic Misdemeanors?

Traffic offenses that are no dangerous and are nothing more than driving violations are called “infractions.” However, some traffic offenses can be seen as misdemeanors.

Such acts as (but not limited to):

Misdemeanors vary across the states, with some misdemeanors costing the violator around $10,000 plus some time in jail.

Misdemeanor Traffic Offenses

How Are Traffic Offenses Classified?

Depending on the traffic offense, it will vary. If the traffic offense is non-dangerous, than the likely outcome will be that the person will receive a ticket.
However, if the traffic offense has violated a serious offense such as seeing, switching lanes, or a hit and run, the person will then be taken in for that reckless and dangerous driving.
Driving under the influence of drugs or alcohol (DUI & DWI) are also severe offenses that in some cases lead to time in prison.
The punishment for certain misdemeanors comes under the discretion of the court.

Are There Certain Times Where Traffic Offenses Are Provoked By Third-Parties?

What do we mean by this?

There are also situations where people may be FORCED or COERCED into certain traffic offenses, which they would not have done otherwise. For example, a person who is held by gunpoint to drive to a specific location at high speeds would not necessarily be in violation of the law.

In a situation like this, when a person is being forced to go over the speed limit, it is not uncommon for them to not be punished by the law as they were being forced to commit the offense under threat of injury.

 

Should A Person Hire a Lawyer if They Have Committed a Traffic Offense?

The idea of hiring a lawyer will be determinate upon the severity of the traffic offense. If it is a small offense that results in a ticket, you will be able to fight that yourself, however here at Road Justice, we pride ourselves on having a ticket dismissal rate of over 70%!
For best results you should definitely hire an Attorney. The benefits of doing so will be immediately visible and will outweigh the monetary repercussions you will potentially face in court.
Did you know that Road Justice offers Free Consultations? Get in contact with us and we’ll discuss your options, no matter the case.

 

The More You Know

It is essential to do as much research as you can in regards to the laws in YOUR state, as each state operates under their local laws which differ state to state.
The more knowledgeable you are about your state and the traffic laws, the better you will be able to follow them, and if need be, fight back for your Road Justice.

Accidents – Frequently Asked Questions

What is a misdemeanor?

In California, a misdemeanor is a non-indictable criminal offense, where the maximum sentence is no more than one year in jail. Misdemeanors in the US are as less serious than a felony, but more serious than an infraction.

What is my penalty?

Every case is different, however most cases can result in a fine between $900-$3,000 and run the risk of 6 months jail time, paired with up to 3 years of probation.

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. 

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.

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.

California Misdemeanors – Frequently Asked Questions

What is a misdemeanor?

In California, a misdemeanor is a non-indictable criminal offense, where the maximum sentence is no more than one year in jail. Misdemeanors in the US are as less serious than a felony, but more serious than an infraction.

What is my penalty?

Every case is different, however most cases can result in a fine between $900-$3,000 and run the risk of 6 months jail time, paired with up to 3 years of probation.

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. 

California DUI – Frequently Asked Questions

Being charged with a DUI in the state of California can be a tiresome process where you must fight for your right to drive.
In California, all DUI cases have a set of processes split into two segments. Those segments go through the DMV and court systems.
During the court process you have until your court date to start the various necessary proceedings to figure out how you will structure your case and whether or not you should seek legal council.

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

For the DMV system you have 10 days to schedule a DMV hearing to prevent the suspension of your drivers license. This will place a stay on your suspension until your hearing proceeding is completed.
Following this, a hearing officer will make a decision based on the findings of your case.

Am I going to jail?

After the initial processing following the charge of DUI there is no jail time until the case has been fully adjudicated. The various factors in each individual case will determine the severity of your sentencing.
With the proper representation, you may end up not having to serve any jail time.

How much will my fine be?

The initial fine is $390, with the penalty assessment going up to $1,600.

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.

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

DUI cases are advisable to have an attorney by your side because the arresting officer may not follow protocol of arrest. In these situations the attorney can help you navigate the legal procedures to result in less severe penalty.

How long is the court process?

The duration of these cases in court may take up to one year due to the specific issues involved surrounding the arrest. The normal procedure for DUI is around 4 months.