Legal Question in Criminal Law in California

I had a traffic ticket last year that I was in the process of paying in installments, however I took longer to pay off the fine than what was allotted so the DMV suspended my license. Shortly after my suspension, I was in a auto accident and I received a misdemeanor charge of driving with a suspended license after the police officer took down my information. I have since reinstated my license and the DMV has given me a printout saying my license is now valid. Is there a way to reduce the misdemeanor to an infraction? What can I do to avoid points on my license and probation? My arraignment is next month (May 2nd). Thank you.


Asked on 4/08/14, 4:45 pm

3 Answers from Attorneys
Edward Hoffman Law Offices of Edward A. Hoffman

What matters is whether your license was suspended at the time of the accident, not on the day you go to court. That you're allowed to drive now does not change the fact that your license was suspended when you were cited.

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Answered on 4/08/14, 4:49 pm
Steven Mandell Law Offices of Steven R. Mandell

Edward Hoffman is legally correct, but in practice, many courts will dismiss or reduce the charge upon proof that you have your license. You'll probably need a criminal lawyer to arrange that for you, and if you'd like to speak to me about that, don't hesitate to call for a free consultation. Good luck. Steve Mandell 310 393 0639

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Answered on 4/08/14, 7:53 pm
Edward Hoffman Law Offices of Edward A. Hoffman

I respectfully disagree with part of Mr. Mandell's answer. What he says might be true of ordinary traffic citations, but you're facing a misdemeanor charge. The court has no authority to dismiss a misdemeanor if the prosecutor wants to pursue the case. The prosecutor can decide to dismiss or reduce the charges against you, and it's quite plausible that she will. Mr. Mandell is right that this will be more likely if you have counsel.

Good luck.

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Answered on 4/09/14, 10:45 am


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