Legal Question in Criminal Law in California

I live in Los Angeles County, California and have had valid driver's license from 1999 until today, expiring 2013. I was recently arrested and cited out for a bench warrant for a 1997 charge of driving with a suspended license. I am due to go to court on Friday, 11/30/2012 for this charge.

However, I was convicted another time in 1999 for driving with a suspended license from 1994. I was sentenced to 15 days in jail and community service, which I served and then regained my license. I have had a valid license from 1999 until 2013. How could they let me out of jail and the DMV issue me a new license with this warrant from 1997 outstanding? Also, can the time and community service I served in 1999 be counted toward time served for the 1997 charge? If not, will I be ordered to serve jail time or perform community service for this as this is my third time of being charged with driving with a suspended license? Do I need an attorney as well?


Asked on 11/27/12, 3:48 pm

2 Answers from Attorneys
Terry A. Nelson Nelson & Lawless

Do I need an attorney ....?

You are always entitled to represent yourself in court. Whether you should is a different issue. The conventional wisdom is that an attorney will be able to do a better job and get a better outcome. Prosecutors and judges don�t like dealing with ProPers, unless you are simply pleading guilty, not defending the case.

Repeat offenses of driving on suspended is generally dealt with harshly, meaning potential jail time. However, these are old cases, with unusual facts and a long period of 'legal' licensing, so maybe this will go 'easy', but no one can predict the outcome.

I can't explain why and how things happened or didn't. You and your attorneyh will have to sort that out with the court and prosecutor as part of your legal defense.

If serious about hiring counsel to help in this, and if this is in SoCal courts, feel free to contact me. I�ll be happy to help fight and get the best outcome possible, using whatever defenses and sympathies there may be.

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Answered on 11/27/12, 4:54 pm
Edward Hoffman Law Offices of Edward A. Hoffman

The DMV probably should have caught this problem in 1999. But its error does not change the fact that you drove without a license in 1997, and it does not entitle you to escape the consequences.

The only way I can see that the DMV's error would matter is if the prosecutor claims you willfully ignored the bench warrant. It's evidence that you didn't know about the warrant, though not enough by itself to prove the point.

You are not entitled to credit in your new case for serving your sentence in the old case. Being punished for breaking the law once does not entitle you to be punished less for breaking the same law again. Being a repeat offender calls for more punishment, not less.

I agree with Mr. Nelson that a second conviction for driving without a valid license will generally result in jail time -- especially for a defendant who went to jail on the first offense. But I also agree that you have unusual facts which may help you beat the charges or at least get a lighter sentence.

The law does not require you to have a lawyer. But your prospects in court will be much better if you have one than if you don't. If you can't afford to hire a lawyer, the court will appoint one for you. An appointed lawyer will likely be quite competent but overworked and thus won't have as much time for your case as she should. You should hire a good private attorney if you can.

Good luck.

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Answered on 11/27/12, 6:57 pm


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