Legal Question in Criminal Law in California

Unlicensed Driving charge - Hadn't been served by the DMV

Cited for CVC 12500(a) Unlicensed Driving. Car was also impounded. I honestly did not know my license was suspended. DMV info stated �Needs to be Served.� I had a Storage Hearing and it was determined that my car was improperly impounded because I hadn't been served. I am to be reimbursed for the cost of the impoundment. What about the 12500(a)? It's a Misdemeanour charge. How can I be charged with this when the evidence proves I didn't know that my license was suspended? Shouldn't this be dismissed? Should I choose a jury trial over a cour trial?


Asked on 8/10/00, 8:05 pm

2 Answers from Attorneys
Lyle Johnson Bedi and Johnson Attorneys at Law

Re: Unlicensed Driving charge - Hadn't been served by the DMV

Most judges or commissioners will dismiss the case if you get your driver's license renewed. Some courts charge a small administrative fee. This approach is much cheaper than fighting the ticket.

If you wish to fight the ticket you must either hire an attorney or obtain the knowledge necessary to represent yourself. Nolo Press publishes a book: How to Fight a Traffic Ticket (or something similar to that) that provides a simple straight forward approach to fighting a traffic ticket.

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Answered on 8/11/00, 4:13 pm
Stephen Sitkoff Takakjian & Sitkoff, LLP

Re: Unlicensed Driving charge - Hadn't been served by the DMV

Hello,

Whether or not your case should be dismissed depends on the particular facts. Why was your license suspended in the first place? Did you just fail to renew your license or is there some underlying cause that led to a suspension. If so things may be more complicated. Call us at 1-800-327-4652 for a free consultation.

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Answered on 8/16/00, 12:10 pm


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