Legal Question in Criminal Law in California
3rd offense driving w/ suspended license
I got my 3rd ticket for driving without a license within a year and a half. None of these were due to DUI's, simply for unpaid tickets that I am currently paying off. I went to court for my recent ticket for driving with a suspended license and they issued me 60 days in jail. Is there any way I'd be able to do house arrest and or community service instead of jail time? Are there any other options?
3 Answers from Attorneys
Re: 3rd offense driving w/ suspended license
In receipt of your email, you may contact my office for a free consultation, in person or by phone.
Re: 3rd offense driving w/ suspended license
There is United States Supreme Court law on point on this issue. You cannot be incarcerated for violation of or failure to pay fines for basic traffic violations. The courts often disregard this law unless they are held to it. When I was in law school, an overly aggressive judge tried to sentence me to jail for failing to pay a traffic fine, to "teach me a lesson". He dismissed the case when I filed an appeal. I would need to discuss this matter with you to obtain more detail and may recommend an appeal of your sentence.
Re: 3rd offense driving w/ suspended license
If there was no DUI involved before, only non-payment of parking tickets, you should do better than 60 days in jail. You should consult a lawyer in your area.
Depending upon where you are, different sentencing alternatives, like house arrest or work program, should be available.
Feel free to contact me if you are looking for a lawyer in Southern California.
Jacek W. Lentz, Esq.
310.273.1361
www.lentzlawfirm.com
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