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  1. #1
    Join Date
    Mar 2020
    Posts
    2

    Default DMV - Order of Suspension for Uninsured

    I live in California and am above the age of 18.

    My car bumped into another car in the beginning of January and I was uninsured at the time of the accident. The damage to the other car was minimal and I did not file an SR-1 form.

    I got a reminder from DMV to file for an SR-1 last week and I did so declaring that myself as uninsured during the time of the accident. Yesterday I received an "Order of Suspension" from DMV and learned that my license is set to suspend next month. I have 14 days from now to file for a hearing.

    These are the facts:

    My insurance expired at the end of December and I left the country for Christmas. I returned to the US on January 5th and the accident happened the day after.

    My new insurance was set to kick in on the 10th of January.

    The damage to the car was minimal (no visible bumper damage).

    My goal is to avoid this suspension. If this is not possible, I would like my sentence to be reduced.

    What can I do?

  2. #2
    Join Date
    Sep 2005
    Location
    California
    Posts
    20,594

    Default Re: DMV - Order of Suspension for Uninsured

    Have you filed for the hearing? If not, do so. Filing may hold off the action for a time - especially with DMV offices being closed. They may still be doing telephonic hearings, but maybe not.

    You may come out okay if you currently have insurance, but that's no guarantee. DMV hearing officers are not always the most consistent lot, and the DMV operates under rules that are not always consistent with those law enforcement or even the insurance industry might try and adhere to, so there's no easy way to predict how it will go.

    If you have the means, you might want to consider consulting an attorney that specializes in traffic matters for some assistance.
    **********
    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

  3. #3
    Join Date
    Mar 2020
    Posts
    2

    Default Re: DMV - Order of Suspension for Uninsured

    For me to file a hearing, I must include the reason for filing that hearing, according to the order of suspension I received.

    You may request a hearing to show:
    - you were not either the driver to he registered owner of a motor vehicle that was involved in the accident.
    - the amount of damage to any one person's property was not over 1000 and there was no injury or death to any party.

    I feel like I am ineligible for a hearing because:
    1. I was the driver
    2. The damage was minimal (no visible damage to bumper) BUT the person claims to have experienced whiplash.

    I am not confident of arguing about point 2 because it's pretty much a he-says-I-says argument. He took his car to his shop and claims the bumper costs 2K to fix, which I find absolutely absurd.

    What would you suggest me to do? I am planning to speak to a traffic lawyer on Monday but even then I don't know whether I am just wasting money.

  4. #4
    Join Date
    Sep 2005
    Location
    California
    Posts
    20,594

    Default Re: DMV - Order of Suspension for Uninsured

    All the more reason to request a hearing and speak to an attorney. Unless things have changed in the last 4 1/2 years, you should be able to request the hearing without ponying up details as to WHY you think one of those two points might be relevant. If you do not feel comfortable requesting it, yet, then speak to an attorney ASAP.
    **********
    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

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