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 It must be shown that the individual drove the vehicle while their license was revoked and they were aware that their license was revoked.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