Legal Question in Traffic Law in California

Driving on a suspended license

My wife apparently got a couple of tickets in the beginning of 2008. Apparently it was driving at an unsafe speed, and 2 fixit tickets. She mailed everything off, but apparently the state never got it. They suspended her license in March, but never notified us. December 31st she got in a small accident, and now is facing jailtime due to driving on a suspended license for a failure to appear in court. She is 10 weeks pregnant currently, has a perfect driving record since 1998, no criminal record and is already the mother of one child. We've been told by an attorney already that the ''We didn't know'' defense would never work, but what other defense is there? Doesn't the state have to notify us and our insurance company, since she was still insured through AAA as a licensed driver? I can't see how this could even stand in court, if we weren't notified of the suspended license. Do we have any legal leg to stand on in this? Anything at all?


Asked on 1/14/09, 10:32 pm

1 Answer from Attorneys
Lyle Johnson Bedi and Johnson Attorneys at Law

Re: Driving on a suspended license

She should take care of the unpaid tickets so that her driver's license reinstated. The obtain evidence that she mailed the payment for the tickets to the court. Check with the bank to determine whether or not the checks were cashed. Restoring her drivers license usually results in the charge being reduced to an infraction driving without a valid license in her possession. The defense to the failure to appear will be the proof that she mailed the check to the court. Retaining an attorney to appear with her would be a prudent move.

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Answered on 1/20/09, 1:21 am


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