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  1. #1
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    Default At-Fault Accident with a Suspended License

    My question involves a driver's license issued by the State of: California

    I was recently in an at-fault accident on my way to work and i have a administrative suspended license stemming from a DUI arrest in March. I exchanged information with the other drivers and made the insurance claim. I was not cited by any police officer for driving on a suspended license. I was wondering if i can still be punished for this even after the fact. I'm currently in the process of getting a restricted license from the DMV.



    Any help would be greatly appreciated and if more information is needed i will gladly provide it.

  2. #2
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    Default Re: At-Fault Accident with a Suspended License

    Quote Quoting ceejaypwnd
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    I was recently in an at-fault accident on my way to work and i have a administrative suspended license stemming from a DUI arrest in March.
    Is that an administrative suspension due to a refusal to submit to testing or were you convicted of a DUI and were subsequently suspended as a result? If the latter, what codes section were you convicted of?

    Quote Quoting ceejaypwnd
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    I exchanged information with the other drivers and made the insurance claim.
    And you're certain that your policy is still in effect in spite of the fact that your license is suspended?

    Quote Quoting ceejaypwnd
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    I was not cited by any police officer for driving on a suspended license. I was wondering if i can still be punished for this even after the fact. I'm currently in the process of getting a restricted license from the DMV.
    Obviously, being involved in an accident is sufficient proof that you were driving during the period of the suspension. And if you were suspended subsequent to a conviction of VC 23152 or 23153 then you were in violation of VC 14601.2. As far as I can tell, there is nothing that would prevent the DMV from coming back and penalizing you later on... Question is, will they find out?

    The answer may depend on the amount of damage that each party has sustained and/or if anyone was injured. If anyone was injured in the accident and/or if one party's damages are in excess of $750, then you are required to report the accident to the DMV within 10 days of the accident as required by VC 16000. Failing to do so will result in a license suspension. It is also likely that your insurer (or maybe even the other driver) may report the matter to the DMV. So they may find out either way!

    The other issue that would cause me some concern is your insurance. You did state that you have already made the claim. Question is whether your insurer is aware of your suspension, and whether your policy is provisioned to remain in effect *even if* your license is suspended. Some insurers will automatically cease coverage as soon as a suspension goes into effect whether they knew it at the time or whether it was discovered later. If that is the case here, your insurer will obviously deny the claim, or if it has already been processed and/or paid, they can demand that you reimburse them for any monies paid through your policy whether those were to pay for repairs on your own vehicle or the repairs for the other driver's vehicle, or both.

    Lastly, if you combine an insurance policy that is not in effect (i.e. an accident while you were uninsured) PLUS a failure to report the accident to the DMV in a timely manner, and you've got two administrative DMV suspensions coming your way; add in the possibility of a criminal charge of driving while suspended, and you're looking at HUGE problems down the road.

    It may serve you best to consult with an attorney ASAP!

  3. #3
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    Default Re: At-Fault Accident with a Suspended License

    Would I be looking at Jail time or just license suspension or revocation?

    Quote Quoting That Guy
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    Is that an administrative suspension due to a refusal to submit to testing or were you convicted of a DUI and were subsequently suspended as a result? If the latter, what codes section were you convicted of?
    I have not been convicted of anything yet since my case is still pending. The suspension is from the DMV hearing


    [QUOTE=And you're certain that your policy is still in effect in spite of the fact that your license is suspended?[/QUOTE]

    They haven't mentioned anything yet regarding the matter.

    Would my best road be to try to settle the accident without insurance assistance?

  4. #4
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    Default Re: At-Fault Accident with a Suspended License

    Quote Quoting ceejaypwnd
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    Would I be looking at Jail time or just license suspension or revocation?
    It depends on the reason why your license was suspended and that can only come if you tell us what you are currently charged with!

    Quote Quoting ceejaypwnd
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    I have not been convicted of anything yet since my case is still pending.
    Your case is regarding what charge (code section)?


    Quote Quoting ceejaypwnd
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    The suspension is from the DMV hearing
    And if I'm supposed to read between the lines, the suspension came as a result of a charge for 23152 with a BAC level of 0.08 or higher, or it could come by way of you refusing to submit to a test. And the answers to your questions may depend on which one it is!

    Quote Quoting ceejaypwnd
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    They haven't mentioned anything yet regarding the matter.
    Well, you can sit on your hands and wait for the possibility of them mentioning something, or you can read your policy to determine the validity of coverage after a license suspension so you can prepare accordingly... Its up to you!

    Quote Quoting ceejaypwnd
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    Would my best road be to try to settle the accident without insurance assistance?
    It depends on:
    1. whether the other party would be willing to settle in that manner
    2. the amount of damage and whether you can afford to pay it.
    3. the possibility that you may not be covered by insurance
    4. the potential for the DMV to find out about the accident either way
    etc...
    etc...
    etc...

    I'm not trying to be vague in my answers, but this is the best that I can provide with you being as elusive to the questions I am posing!

    Good luck!

  5. #5
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    Default Re: At-Fault Accident with a Suspended License

    It depends on the reason why your license was suspended and that can only come if you tell us what you are currently charged with!


    Your case is regarding what charge (code section)?
    It was a DUI arrest.



    And if I'm supposed to read between the lines, the suspension came as a result of a charge for 23152 with a BAC level of 0.08 or higher, or it could come by way of you refusing to submit to a test. And the answers to your questions may depend on which one it is!
    It was BAC level of 0.08 or higher

    Well, you can sit on your hands and wait for the possibility of them mentioning something, or you can read your policy to determine the validity of coverage after a license suspension so you can prepare accordingly... Its up to you!


    It depends on:
    1. whether the other party would be willing to settle in that manner
    2. the amount of damage and whether you can afford to pay it.
    3. the possibility that you may not be covered by insurance
    4. the potential for the DMV to find out about the accident either way
    etc...
    etc...
    etc...

    I'm not trying to be vague in my answers, but this is the best that I can provide with you being as elusive to the questions I am posing!

    Good luck!
    Sorry for not providing all of the correct info. I'm under a lot of stress right now not knowing what my future holds.

  6. #6
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    Default Re: At-Fault Accident with a Suspended License

    Does your insurance carrier know you are driving on a suspended license?

    I ask because you should be prepared for your insurance carrier to deny coverage.

  7. #7
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    Default Re: At-Fault Accident with a Suspended License

    Quote Quoting ceejaypwnd
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    It was a DUI arrest.
    You had already stated that in your first post!

    Quote Quoting ceejaypwnd
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    It was BAC level of 0.08 or higher
    There you go... Now we're getting somewhere... So now we've established that you were arrested and cited for VC 23152(b); though the case is still pending in court. In the meantime, and whether you requested a DMV hearing (within 10 days after the arrest) and attended such a hearing, or whether you skipped that part, you license was suspended under an administrative order by the DMV and pursuant to CVC 13353.2(a)(1).

    Now, since your DUI case is still pending in court, this sort of narrows it down to a possible citation in violation of CVC 14601.5 (but only if they catch the fact that your license was suspended at the time the accident occurred).

    The penalties for a first conviction are as follows (see section (d)(1) of CVC 14601.5 :
    Upon a first conviction, by imprisonment in the county jail for not more than six months or by a fine of not less than three hundred dollars ($300) or more than one thousand dollars ($1,000), or by both that fine and imprisonment.


    So yes, jail time is possible although considering the fact that it only show a maximum jail time (of 6 month) without mention of a mandatory minimum and in light of the current environment in California, I would venture a guess that you may not end up doing any actual time and instead, you'd pay a fine that will likely be on the high end of the scale. Just as an FYI, the $300 to $1000 range is only the base fine. After adding the associated statutory penalties and assessments, you're looking at a fine of $1200 on the low end and $4000 on the high end. That is not to say that you will not have the option to do some community service in lieu of the full fine.

    Quote Quoting ceejaypwnd
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    Sorry for not providing all of the correct info. I'm under a lot of stress right now not knowing what my future holds.
    Understandably so... I'd call it tough luck and a momentary lapse of judgment, though I suspect it took longer than a moment to compile all those problems all at once.

    Your best bet still remains to be a consultation with an attorney. If you do happen to get charged with driving while suspended, and you cannot afford to pay for one on your own, you may qualify for a public defender.

    As for the DMV finding out about the accident, or if your insurance denies coverage, or if you fail to pay for damages and the other party or their insurance decide to sue you, you're not likely to see any criminal charges as a result of any of those (instead, the result maybe additional license suspension time)... And the services of a public defender will not be available to you.

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