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  1. #1
    Join Date
    Mar 2010
    Posts
    2

    Default Suspended License, Unusual Circumstances

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

    I received a citation June 30, 2009 for an illegal left turn out of a gas station (21461A).
    Three weeks later after checking the mail constantly for mailed citation I when online to see if it was on record. There was no information on my citation. I presumed that the paperwork was never filed.
    From that day forward I never received a single letter in the mail from the courts.

    Today I went to get an insurance quote and my license was said to be suspended. I went to the the courts website and found that my license had been suspend since November 3, 2009. I was terrified to find out that I had been driving on a suspended license so long.

    I was originally going to contest my citation for the illegal left turn, because the angle in which I exited the gas station the sign was barely visible. I was planning to take photos of the exit of the gas station. This would prove that the angle of the exit make it difficult for a driver to visible notice what the sign shows.

    I now have a suspended licenses for not appearing to my court date, and I checked on there website and have a fine of $512.

    I am a college student and have a clean record other than this suspension. I can't afford to go without a car.

    What should I do? I don't want to pay the fine if that means agreeing to guilt. I know I'm innocent, and can't afford to pay something I should have to.
    If I go to the courts tomorrow and speak with a judge should I explain my situation, or what other advice would someone recommend?

  2. #2
    Join Date
    Mar 2009
    Location
    LA LA Land
    Posts
    9,170

    Default Re: Suspended License, Unusual Circumstances

    I higly doubt you'll be able to speak to the judge tomorrow. More likely, your case will be schedulled for arraignment for another date. However, once your case is schedulled for arraignment (or if you are allowed to see the judge), you can request that the court release the hold off your license.

    Also keep in mind that once the hold is released by the court, you may still have to go to the DMV to pay a fee and reinstate your license.

  3. #3
    Join Date
    Mar 2010
    Posts
    2

    Default Re: Suspended License, Unusual Circumstances

    Quote Quoting That Guy
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    I higly doubt you'll be able to speak to the judge tomorrow. More likely, your case will be schedulled for arraignment for another date. However, once your case is schedulled for arraignment (or if you are allowed to see the judge), you can request that the court release the hold off your license.

    Also keep in mind that once the hold is released by the court, you may still have to go to the DMV to pay a fee and reinstate your license.
    If I contest my citation how likely could I win if I take photos and show that I exited the gas station and the sign was difficult to see from where I was exiting.
    here is a photo of how I exited the gas station.

  4. #4
    Join Date
    Mar 2009
    Location
    LA LA Land
    Posts
    9,170

    Default Re: Suspended License, Unusual Circumstances

    Quote Quoting mauricios
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    If I contest my citation how likely could I win if I take photos and show that I exited the gas station and the sign was difficult to see from where I was exiting.
    here is a photo of how I exited the gas station.
    I can't tell you what the judge will say about "the angle in which you exited the gas station the sign was barely visible". What I can tell you is that just because you did not see the sign does not necessarily mean that it is not properly posted.

    21461. (a) It is unlawful for a driver of a vehicle to fail to obey a sign or signal defined as regulatory in the federal Manual on Uniform Traffic Control Devices, or a Department of Transportation approved supplement to that manual of a regulatory nature erected or maintained to enhance traffic safety and operations or to indicate and carry out the provisions of this code or a local traffic ordinance or resolution adopted pursuant to a local traffic ordinance, or to fail to obey a device erected or maintained by lawful authority of a public body or official.


    You can look through the federal MUTCD and the California Supplement and if you find that it does not meet the requirements therein then you might have a decent argument.

    Also keep in mind that your contesting the underlying violation of VC21461.a does not relieve you of the charge of Failing To Appear in court for the original citation. In other words, the $512 fine that you mentioned includes a fine for 21461.a (approximately $212) as well as a fine for Failing to appear (approximately $300). So even if you get a dismissal of the 21461.a charge, you may still be held to having to pay the $300 fine for the FTA...

  5. #5
    Join Date
    Sep 2005
    Location
    California
    Posts
    20,594

    Default Re: Suspended License, Unusual Circumstances

    How come you did not show up in court on the date and time indicated on the citation? When you signed the citation, you agreed to be released on your own recognizance with your signed promise to appear at the location indicated on the assigned date and time. There is no legal requirement you be notified about any further action.

    Had you showed up on that court date and set a trial date, you may have stood a better chance of prevailing. Now, if you are offered a new trial, your going to be fighting an uphill battle.

    Plus, it would help to have actual photos of the section (though a year later will make any photos suspect as to be true and accurate representations of what the intersection was like a year ago - and Google will be of even less legal value).

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