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DUI restricted license. My friend paid me $20. to drive his 2nd car to the bar and pick him up. Got stopped for speeding.

Morgan Hill, CA |

I'm unemployed and looking for work. I thought this would be ok since it's work/income.
The cop saw me swerve when a drunk passenger bumped me. He cut me a break with the speeding ticket instead of giving me a probation violation. Is this still going to result in another DUI and what kind of trouble can I expect

Attorney Answers 5

Posted

It is difficult to say what will happen. On its face, the officer cited you for speeding and presumably issued a ticket without writing a narrative report. It is possible that you could have been cited for driving outside of your restricted license privilege which could have been a misdemeanor, and there is a version of that charge, VC14601.2 which carries a minimum of 10 days in jail. It seems as though this may not happen if all there is a speeding ticket. Best to keep your address current with DMV and carefully monitor your mailbox so as not to miss anything and get a bench warrant.

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Posted

Its not totally up to the cop if it was a probation violation. That determination is up to the prosecutor and the Court. However, because the cop did not give you a violation for driving on a suspended license and because technically you were "working", you may be ok if you can show that you were "paid." Text messages would be your best defense. Beware that you may go to court only to find out that a prosecutor ran your info and added an additional charge. You should consult a local attorney in that event.

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Posted

The terms of restriction will determine your matter. Since you stated that this was a "work" activity, then you may not be in violation. Also since the officer did not write you up for violation rather he gave you speeding ticket, you may be able to overcome the violation. However, again you need to re-visit the terms of your restriction and see what are the conditions that would be considered a violation.

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Posted

Can't say based on what you wrote. You don't mention drinking.

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1 comment

Joseph Briscoe Dane

Joseph Briscoe Dane

Posted

But he said he had a restricted license and was caught driving. The essential question is whether or not his $20 "work" counts as driving during to and from or during the course and scope of his employment or not.

Posted

Tough to say based on the infomration you provided. It could be a violation. The payment to drive your friend's car to the bar seems a bit contrived, and may be looked at by the court or probation as a pretext to getting around your restricted license. So be prepared to work that argument up thoroughly.

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