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  1. #11
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    Mar 2009
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    Default Re: Driver's License Revoked by First Speeding Ticket and Lack of Skill/Knowledge

    Quote Quoting Jenny2010
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    Thank you very much for your research. On the initial notice from the DMV, there is a box called vehicle code authority section and several codes were listed: 12805,12806,12809,13359,13953,14252,14103 but only one was marked (13953). There is no period of revocation on that order or any other paperwork I received. But I wonder whether "LACK OF SKILLS / KNOWLEDGE" was the key point they revoked my license.
    As shown in the last paragraph of my post # 6 (and at the bottom of the page in this link: DMV's Reexamination Process, it appears that the revocation period is "indefinite" UNTIL certain conditions are met. As such, your question as to "how long before you are eligible to re-apply" will depend on the outcome of your hearing and is better directed at the DMV hearing officer you will meet with.

    Quote Quoting Jenny2010
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    As for the violation on my citation, there are two charges 1). 22349(A) VC-I 2).4454(A) VC-I. Besides speeding I forgot to put the registration card in my vehicle after receiving the plate though I have a temporary card from dealer at that moment -I didn’t know that is not correct. I’ve already corrected that violation in one of the DMV offices and let the officer sign the notice for me. I will go to court and pay $25 processing fee to correct that one after my DMV hearing.
    With reference to the 4454(a) violation, and since that is a correctable (non moving) violation, it carries zero violation points and is therefore not eligible for traffic school. You've already corrected the violation and are well on your way to getting that one dismissed (just make sure you submit the certificate of correction to the court along with the $25 administrative fee.

    As for the 22349(a) "speeding citation", that carries one violation point and is indeed eligible for traffic school. You should receive a letter from the court confirming your eligibility for traffic school, and instructions on what you need to do to to enroll. You can contact the court clerk for more information about the fine amount, the traffic school administrative fee, and a list of traffic schools where you can take the class.

  2. #12
    Join Date
    Sep 2010
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    10

    Default Re: Driver's License Revoked by First Speeding Ticket and Lack of Skill/Knowledge

    Quote Quoting cdwjava
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    Ah! That explains it!

    No order of suspension or revocation or the imposition of terms or
    conditions of probation shall become effective until 30 days after
    the giving of written notice thereof to the person affected, except
    that the department shall have authority to make any such order
    effective immediately upon the giving of notice when in its opinion
    because of the mental or physical condition of the person such
    immediate action is required for the safety of the driver or other
    persons upon the highways.[/INDENT][/I]
    This hearing will be your chance to counter the impression the DMV has been given as a result of the officer's report to them.
    Thanks! Since I got the notice in just 3 weeks, so they revoked my license because the department believed that I have mental or physical problems? It looks like I need to see a physician before the hearing and get some paperwork to prove that is not true then. Actually I was planning to be there and show them I am a normal people, I have a job in a university, my driving history is clean and I was just too scared that day, but I am worried about my English though, because I could be very nervous during the hearing. How's the DMV hearing like? Is it one-to-one meeting in an office or in a big room with lots of people? I guess I start to get nervous already...

    Quote Quoting That Guy
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    As such, your question as to "how long before you are eligible to re-apply" will depend on the outcome of your hearing and is better directed at the DMV hearing officer you will meet with.
    Sure! I'll ask the officer that day if they decide to take license.

    Quote Quoting That Guy
    View Post
    As for the 22349(a) "speeding citation", that carries one violation point and is indeed eligible for traffic school. You should receive a letter from the court confirming your eligibility for traffic school, and instructions on what you need to do to to enroll. You can contact the court clerk for more information about the fine amount, the traffic school administrative fee, and a list of traffic schools where you can take the class.
    If my license got revoked after the hearing, is this violation point still going to be there? I am a little bit confused here, but wish that I could keep my license and go to traffic school instead.

  3. #13
    Join Date
    Sep 2005
    Location
    California
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    20,415

    Default Re: Driver's License Revoked by First Speeding Ticket and Lack of Skill/Knowledge

    The point(s) for a conviction will remain once you go to trial and are convicted (assuming you do get convicted). The hearing you will soon attend should only concern the re-examination.

    These hearings can be face-to-face, they can also be by phone. Many are by phone these days, but I would encourage you to be present in person if they allow it and you can make it. If you want to show that you are competent and able to walk and chew gum at the same time, then you might want to be there in person. ... But do not drive yourself!!!
    **********
    Retired Cal Cop Sergeant & Teacher

    Seek justice,
    Love mercy,
    Walk humbly with your God

    -- Courageous, by Casting Crowns ... http://www.youtube.com/watch?v=pkM-gDcmJeM

  4. #14
    Join Date
    Mar 2009
    Location
    LA LA Land
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    Default Re: Driver's License Revoked by First Speeding Ticket and Lack of Skill/Knowledge

    DMV hearings are conducted one-on-one... Only you and the hearing officer (unless you are represented by an attorney).

    And your English seems fine on here... Although it appears that you can request an interpreter (I assume that must be at least mentioned when the hearing is requested):

    Administrative Hearings

    Please come back and update us with what happens... Good luck!

  5. #15
    Join Date
    Sep 2005
    Location
    California
    Posts
    20,415

    Default Re: Driver's License Revoked by First Speeding Ticket and Lack of Skill/Knowledge

    Quote Quoting That Guy
    View Post
    DMV hearings are conducted one-on-one... Only you and the hearing officer (unless you are represented by an attorney).

    And your English seems fine on here... Although it appears that you can request an interpreter (I assume that must be at least mentioned when the hearing is requested):

    Administrative Hearings

    Please come back and update us with what happens... Good luck!
    Many are held by phone as the DMV has consolidated many hearings to branch offices that may be far away from the parties involved. While the defendant may have the option of attending, it is generally not required ... but I would certainly recommend it.
    **********
    Retired Cal Cop Sergeant & Teacher

    Seek justice,
    Love mercy,
    Walk humbly with your God

    -- Courageous, by Casting Crowns ... http://www.youtube.com/watch?v=pkM-gDcmJeM

  6. #16
    Join Date
    Sep 2010
    Posts
    10

    Default Re: Driver's License Revoked by First Speeding Ticket and Lack of Skill/Knowledge

    Quote Quoting cdwjava
    View Post
    The point(s) for a conviction will remain once you go to trial and are convicted (assuming you do get convicted). The hearing you will soon attend should only concern the re-examination.

    These hearings can be face-to-face, they can also be by phone. Many are by phone these days, but I would encourage you to be present in person if they allow it and you can make it. If you want to show that you are competent and able to walk and chew gum at the same time, then you might want to be there in person. ... But do not drive yourself!!!
    My hearing is going to be a face-to-face one next Friday and I'll let a friend drive me there. Thanks for reminding me of that


    Quote Quoting That Guy
    View Post
    DMV hearings are conducted one-on-one... Only you and the hearing officer (unless you are represented by an attorney).

    And your English seems fine on here... Although it appears that you can request an interpreter (I assume that must be at least mentioned when the hearing is requested):

    Administrative Hearings

    Please come back and update us with what happens... Good luck!

    Thanks for the information and I feel much better now. I will practice a lot before the hearing and try my best! And I'll update with you after it for sure! Thank you very much again.

  7. #17
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    Mar 2009
    Location
    Michigan
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    6,808

    Default Re: Driver's License Revoked by First Speeding Ticket and Lack of Skill/Knowledge

    Hello,

    Your English is very well here. I have a feeling you are worried about understanding verbal questions due to the difference in accents. You do have the right to ask for a translator; and also state up front that you may have difficulty understanding a question and indicate when you do have difficulty.

    I had a DMV exam after my car accident. I had to get a medical statement from my doctor (I had him write "Not applicable" where questions did not apply, rather than leaving them blank). One-on-one interview in an office. And a road test (see if the person who drives you will lend you their vehicle for 10 minutes or so).

    Don't tell them you had learned your grandmother was sick and you were upset. No matter how bad life is, you have to learn to either stay off the road when you are upset, or pay attention to driving.

    Do tell them you have never been pulled over before and panicked about it.

  8. #18
    Join Date
    Sep 2010
    Posts
    10

    Default Re: Driver's License Revoked by First Speeding Ticket and Lack of Skill/Knowledge

    Thanks a lot for giving me suggestions. Sometimes I do have problems in understanding people due to accents or expressions and I will ask the officer if I unfortunately have this problem during the hearing. Thanks for reminding me of that.

    In the past few days, when I was preparing for the hearing, I did learn the lesson that paying as much attention as I can to driving is more important than anything else. I need to be responsible for others and myself.

    So as you said, I shouldn't mention that I was distressed that day because of my family issues? I thought that could explain my situation better, but your suggestion also makes sense. I'll think more about it and update with you later. Thanks again.




    Quote Quoting PandorasBox
    View Post
    Hello,

    Your English is very well here. I have a feeling you are worried about understanding verbal questions due to the difference in accents. You do have the right to ask for a translator; and also state up front that you may have difficulty understanding a question and indicate when you do have difficulty.

    I had a DMV exam after my car accident. I had to get a medical statement from my doctor (I had him write "Not applicable" where questions did not apply, rather than leaving them blank). One-on-one interview in an office. And a road test (see if the person who drives you will lend you their vehicle for 10 minutes or so).

    Don't tell them you had learned your grandmother was sick and you were upset. No matter how bad life is, you have to learn to either stay off the road when you are upset, or pay attention to driving.

    Do tell them you have never been pulled over before and panicked about it.

  9. #19
    Join Date
    Sep 2010
    Posts
    10

    Default Re: Driver's License Revoked by First Speeding Ticket and Lack of Skill/Knowledge

    My hearing was done! They said they ended my revocation period and would reinstate my license if I can pass the drive test in one of the DMV field office. I passed a written test and vision test there and will take a drive test next week, but I am so confused because I thought they might give me a chance to clear my revocation, however, they just let me redo everything to get my license renewed. Does that mean I actually lost my hearing? They also told me it was very bad to have this revocation in my history, but they won't report to insurance company. So will that increase my insurance? Thank you all.

  10. #20
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    Mar 2009
    Location
    LA LA Land
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    9,170

    Default Re: Driver's License Revoked by First Speeding Ticket and Lack of Skill/Knowledge

    Quote Quoting Jenny2010
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    I am so confused because I thought they might give me a chance to clear my revocation, however, they just let me redo everything to get my license renewed.
    You license was revoked (or scheduled to be revoked) as of the date stated on the letter you received from the DMV and you were given the opportunity to re-apply after the re-examination (again, as stated n the letter you received).

    When a license is revoked, the only way to get it back would be to re-apply (as if you've never had a license before) with the only difference that you have a revocation on your driving record. There are times where they may require you to fulfill certain conditions prior to them allowing you to reapply (example “a medical/psych evaluation”) as well as pass the vision/written/road tests. In this case, (and since the only cited “lack of skills/knowledge” as the reason for the revocation) the only condition that they set for you was to pass the “skills/knowledge test(s)" which is usually done by you taking the vision/written/road tests...

    I realize that you would have been better off having them “clear your revocation” (as in “deleting it off your record” versus “allowing you to re-apply”), however, the DMV is required to keep a record of any action (or pending action, for that matter) as part of your driving record. That way, if this were to happens again, they will know that you have had a “prior” revocation and what the reasons for it were. That is the way the system works... That is why it is called a “driving record”.

    Quote Quoting Jenny2010
    View Post
    Does that mean I actually lost my hearing?
    No... That means you won your hearing... “Losing your hearing” would have meant that you were not allowed to re-apply until a later date or until other conditions were met.

    Quote Quoting Jenny2010
    View Post
    They also told me it was very bad to have this revocation in my history, but they won't report to insurance company.
    While it is true that they won't report it to your insurer, your insurer can review your “driving record” at any time (usually at the time when they re-rate and/or renew your policy) and they would be able to see this as part of your “driving record”.

    Quote Quoting Jenny2010
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    So will that increase my insurance?
    Different insurance companies utilize different procedures and standards when they rate policies. So no one here can definitively tell you whether this will affect your premium rate or by how much... Only your insurer can answer those questions for you. Then again, if I were you, I would not call them to ask how this will affect your future premium. Chances are they will eventually find out, but I say let them find out on their own.

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