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  1. #1
    Join Date
    Apr 2011
    Posts
    4

    Question Driving with Suspended License and DUI While on Probation

    My question involves criminal law for the state of: CA, more specifically, Contra Costa County

    I recently had a court appearance for which I was cited back in February 2011 for the following 3 violations:

    14601.2(a) CVC Driv w/ Suspended
    14601.5(a) CVC Driv w/ Suspended
    23154(a) CVC DUI Prob Driv W/ BAC .01% or over


    I left the hearing convicted of only the following:

    14601.5(a) CVC Driv w/ Suspended

    BTW, this was with only self representation.

    The judge stated that 14601.2(a) didn't apply to my situation so he dropped it and no mention of 23154(a) at all. Did I hit the "legal system" lottery jackpot today or can this come back to bite me hard in the future due to the fact that it was overlooked?

    Also, on a related note, I was wondering what my chances were on using this outcome to my advantage with the DMV's Admin Per Se decision? Currently the DMV has me in their system as a 1 year hard suspension (can apply for restricted license after 1 year). Could I contact their Licensing Operations Division to advise of the court outcome for a lesser suspension, or should I lay low and bite the bullet and leave the DMV's APS as is? My fear is that if they probe into court minutes, they will note the mistake and it could blow up in my face!

    Thank you all for your amazing and knowledgeable input. I have been a long time reader and this is my first inquiry.

    Sincerely,

    taken_aBAC

    P.S. I was very complacent after my 1st DUI and quickly fell back into old ways. It took my car being taken from me for 30 days (ended up abandoning vehicle due to storage fees and police department release fees being the same as car's value) and immediate loss of driving privileges until 2012 for me to "get it". I wish my punishment had been that severe the first time around...

  2. #2
    Join Date
    Sep 2005
    Location
    Behind a Desk
    Posts
    98,846

    Default Re: Driving with Suspended License and DUI While on Probation

    We weren't in court and have no access to the transcripts or court file. If you want to know if the disposition at the February hearing constituted your winning the "legal system lottery", your answers lie in those materials.

    Administrative proceedings are decided at a lower standard of proof, and administrative penalties can be imposed even in the face of an acquittal. I am thus skeptical that what you suggest was likely a clerical error by the trial court (albeit one that, if you're correct, worked very much in your favor) will affect those proceedings.

  3. #3
    Join Date
    Apr 2011
    Posts
    4

    Default Re: Driving with Suspended License and DUI While on Probation

    Hello again,

    I recently received the "Order of Installment of an Ignition Interlock Device (IID)" paperwork from the Licensing Operations Division of the California DMV. It lists the section violated as 14601.5 and must have the IID installed on vehicle from May 20, 2011 through May 20, 2012; albeit I no longer have a vehicle or driver license. Anyway I spoke with Mandatory Action Unit and was told by the clerk I spoke with that even though the court only convicted me of driving on a suspended license, DMV has me in their system as having 2 DUI's and therefore a 1 year suspension not eligible for restricted license until March of 2012.

    I am wondering if it would be worth seeking legal counsel to try and get DMV record changed (DUI dropped) to reflect court outcome. Would this be advisable or would this just expose the clerical error in court and I would be subjected to having it included in my sentencing and deal all the harsher penalties that a 2nd DUI conviction holds? I am inquiring to see if there may be a possibility of getting my license back sooner than one year, but if it would only trigger the second DUI conviction, than I will definitely wait the year out.

    Thank you in advance.

  4. #4
    Join Date
    May 2011
    Posts
    6

    Default Re: Driving with Suspended License and DUI While on Probation

    Mandatory Action Unit- I dont know what this is, but I recently had to pull my driving record and suspensions,dui, sr22 are all handled with them. my violations were over 20 years ago and stil in the DMV record, although only accessed through a H6 report, i was told H6 is only viewable bt myself and DMV, but if an employer or other type of check you need may still ask ask you to obtain and disclose the H6 report, bummer.

  5. #5
    Join Date
    Apr 2011
    Posts
    4

    Default Re: Driving with Suspended License and DUI While on Probation

    Thank you for your input wph61.

    Maybe I am complicating my main initial question/concern with my intended purpose.

    I am not very familiar with "Double Jeopardy", but would a clerical error in court (only 2 of 3 charges being brought up) fall under this procedural defense? My main concern is that if I file for a DMV "administrative review" or petition for Writ of Mandate with the court system (which I think are my only two avenues to get the 2nd DUI charge on my DMV record removed after DMV hearing decision is final), will it trigger an additional conviction in superior court?

    I am confused the most with "Double Jeopardy's” definition that states: "...forbids a defendant from being tried again on the same or similar charges following a legitimate acquittal or conviction..." since I was neither acquitted nor convicted of 23154(a). It just was never brought up at trial.

    Thank again for your suggestions and please feel free to ask questions if you need clarification on any of my points.

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