Here's my story.
I received a DUI last year in Sacramento, California, did my hard suspension and got my restricted license with a breathalyzer installed as due to the court agreement.
Another part of my court order was to attend a DUI school. Which I have been enrolled in. I had to take a leave of absence from the DUI school due to my mothers health issues. The leave I would take was far longer than the DUI school allows, so they stated my license would most likely be suspended again. Which I said was fine.
Fast forward to Feb 2012.
I call Mandatory Actions (DMV) to find out if my license was still suspended. Which it was due to being dismissed from my DUI school for a long absence. I was totally aware of that, but I just wanted to make sure that was all that needed to be corrected.
So the end of Feb 2012 comes around I got re-enrolled into my DUI school, with a start date of March 5th 2012.
The ironic part of my story is I was leaving my DUI class this evening and I went through a DUI check point, sober of course. I find out that my license is still suspended even though I have been enrolled and attending since March 5th. I had proof of enrollment on my person at the time and proof I had the mandatory breathalyzer installed already for 6 months. I showed the officer all this. He was actually quite nice stating that he was supposed to have my car towed for 30 days, but will only tow it until someone with a valid license comes to pick it up at the tow yard. Which was really nice of him.
My guess is my DUI school did not E-File with the DMV stating I'm back and enrolled since March 5th.
My question is if I prove my license wasn't supposed to be suspended and I took the necessary actions to lift the suspension, can my charges be dropped?
This is my second time being pulled over for a suspended license, the first time was right after my DUI, because I wasn't paying attention to the date and got caught the day my license was suspended.
If I do get found guilty what would be the penalties in California?
What are my chances I can get this resolved? I'm leaning toward hiring my attorney, but wondering if I should give this a shot myself?
The code on my citation is 14601.2a. I did some research online and it says it's a misdemeanor. Yet my ticket clearly has the "I" circled and not the "M". I don't have a court date, the ticket states go the to the clerks office before or on 6-11-12.
I spoke to my lawyer and she said the cop was being nice by not citing me as a Misdemeanor and only a infraction. Did I luck out? Should I just bite the bullet and pay or schedule to see a judge?
Any advice would be appreciated.
Thank You in advance