Legal Question in Administrative Law in California

Suspension of Driver License

Can DMV suspend driver license of driver involved in accident where damage was estimated over $750 but release of liability issued for settlement of $500.00, driver had no insurance and accident report submitted was not signed under penalty of perjury.


Asked on 1/29/09, 10:39 pm

3 Answers from Attorneys

Terry A. Nelson Nelson & Lawless

Re: Suspension of Driver License

Can they? Sure. Did they? Sounds like.

If you want to appeal the decision, and you are timely in doing so, feel free to contact me if serious about doing so.

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Answered on 1/30/09, 12:40 pm
Michael Stone Law Offices of Michael B. Stone Toll Free 1-855-USE-MIKE

Re: Suspension of Driver License

Maybe while you are riding the bus this will give you an opportunity to reflect on the legal requirement to have auto insurance.

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Answered on 1/29/09, 10:48 pm
George Shers Law Offices of Georges H. Shers

Re: Suspension of Driver License

Driving without insurance is a basis for suspending your license. Nothing more is needed. Anything you write down in a report can be used against you whether or not it is under penalty of perjury; why would you say something negative about yourself unless it were true. A police report can be used for administrative hearings and does not have to be signed under penalty of perjury. The amount of a settlement does not establish how much the damage was because there are many reasons why the injured party may have taken less than the actual damage to their vehicle.

Assuming all those negative things happened to you, why would you expect the DMV not to take away your license?

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Answered on 1/29/09, 10:49 pm


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