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Boyfriend got arrested and charged with driving in a suspended license because of a dui what should i expect in court

San Diego, CA |

my boyfriend was driving me to the hospital emergency room when we got pulled over he didnt have his license back yet because of some traffic ticket fines that needed to be paid his wages were garnished for this well he got arested taken to jail i got my car towed and the cop put a thirty day hold on it and i got a ticket this was last saturday we had planned to take tuesday the following week off to take care of all this but anyways he now has his license back everything is good i never made it to the hospital that night because the cops put me in the back of a cop car and took me home i had no way of getting there and i had to get my boyfriend out of jail he was never read his rights when they arrested him will that charge be dropped if his license wasnt suspended because of the dui?

i have never been in trouble with the law and they still took my car and put a thirty day hold on it which they told me that i wouldnt be able to get out but i did what should i expect in court '

Attorney Answers 4

Posted

Thank you for your question. He was more than likely arrested for Vehicle Code 14601.1, because of his unpaid fines. He should consult with a local criminal defense lawyer to discuss possible defenses. If he now has his valid license back an attorney may be able to get the charge dismissed or dropped down to an infraction. I have also had some success in contacting the local police department and speaking to a supervisor to get the car released to the registered owner if they have a valid license, etc. Best of luck.

www.sandiegocriminaldefensefirm.com

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Posted

You should hire an attorney to assist your boyfriend. Likely that attorney can assist you with the car situation as well.

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Posted

They may have arrested him for the wrong charge, but the DA will straighten it out and charge him properly. Since his license is now good, he can probably get it reduced to an infraction with a fine of about $400. Good luck to you.

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Posted

I agree that it is advisable to consult an attorney at this point. If his license was suspended because of a DUI conviction -- possibly noncompliance with a probation requirement that he didn't know of -- he could be facing charges under Vehicle Code section 14601.2. As stated by Mr. Hicks, it is quite possibly a 14601.1 -- and hopefully. However, if he has already been convicted, the difference between the two statutes becomes important.

If the suspension is a result of a DUI administrative action, the appropriate charge would be §14601.1 and there would be no mandatory jail time if convicted.

If the suspension is a result of a DUI conviction, the appropriate charge would be §14601.2, which calls for a minimum of 10 days jail-time if convicted. This can certainly be avoided, and hopefully is not the case, but contacting a qualified attorney is highly advised.

Best of luck to both of you.

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