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I got convicted of unauthorized use of a vehicle a misdemeanor and now they are trying to take away my car sales license.

Monterey, CA |

On March 19,2012 I plead no contest to the unauthorized use of a vehicle, section 10851 as a misdemeanor which are related to the licensed activitiy. The crime involved taking two vehicles belonging to my former employer and constitutes a cause for license discipline pursuant to vehicle code section 11703. And my acts are cause for revocation of my vehicle salesperson license under vehicle code section 11806, sub d. I know that what I did was wrong and at the time I had a heavy drug influence in my life along with just hanging around the wrong crowd. I've had my license 8 years since high school the car business is all Ive done, all I know it's my career, I've since been working as Special Finance Manager at another dealer, I got out of jail and have been doing great and now this will rui

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Attorney answers 3

Posted

Sorry to hear what you're going through, but nice work on apparently addressing the issues that led to the problem. I suggest calling your attorney if you had one. Good luck and keep your head up.

Posted

If you have received from the State (DMV licensing division) an Accusation re Revocation of your Vehicle Salesperson license, you need to promptly return the form "Notice of Defense" that was sent to you along with the Accusation. Do it today. The time window is very short and if you blow the time limit you may forfeit your appeal rights. Filing the NoD will preserve your right to appeal the proposed revocation, and your license continues to be fully valid until your appeal is fully and finally resolved. With skilled counsel, that process can take 6 - 18 months, sometimes even more, and those can be important months of employment in terms of earnings and marshaling your resources to defend the license.

Next you need to retain skilled and experienced licensing counsel to negotiate with the DMV. With experienced counsel, you may be able to persuade DMV to grant a probationary (restricted) license in lieu of revocation. But that result will be a significant challenge for your attorney on these facts.

If probation can be secured for you, the restrictions to your license will ordinarily be in place for 2- 3 years at least. It also bears saying that license probation is expensive for the licensee. You will be required to pay the administrative costs of your probation, to make full restitution, to pay the costs of the DMV's investigation. Plan on several thousand dollars in probation-associated fees over the term of license probation.

You haven't mentioned the status of your employment, but few vehicle dealers will retain or employ a salesperson with a restricted license. The terms of probation are onerous, including a prominent posting at your worksite of the fact of the probationary status and the reasons for the benefit of the dealership's customers. In addition. there are substantial expensive and time-consuming oversight and reporting burdens for the employer of a probationary licensee.

I don't want to give you false hope. Your offense goes right to the core of the licensed work and is a wholesale failure of the degree of integrity and honesty the State requires of licensees. It would have been wiser, with respect to the licensing issue, to plead guilty rather than nolo. But in all events, your present choice is to either defend against the revocation or surrender the license. Good luck to you.

My responses to questions on Avvo are never intended as legal advice and must not be relied upon as legal advice. I give legal advice only in the course of an attorney-client relationship. Exchange of information through Avvo's Questions forum does not establish an attorney-client relationship with me. That relationship is established only by individual consultation and execution of a written agreement for legal services.

Asker

Posted

When FIlling out a Notice of Defense should I just put a request for hearing?

Posted

You have many issues regarding your case? Were you represented at the time you entered your plea... Considering you entered a plea in March of 2012, your time to withdraw the plea is slipping away. The second question is, if you were represented, were you advised and/or did you know a plea to this charge would have these consequences... I feel bad for your career, but you might need an attorney to represent you at the State level regarding your professional license... Feel free to contact me, if your serious regarding your Professional Sales License, and remember, time is of the essence.

Christine C McCall

Christine C McCall

Posted

At this point in this matter, withdrawing the plea will not affect the licensing revocation action. Under § 490 of the Bus & Prof Code, CA licensing agencies can revoke State licenses for dishonest act, even dishonest acts that do not result in arrest, prosecution or conviction. As an ALJ I presided at a number of license revocation hearings where the licensee's strategy was to withdraw the plea. That strategy was consistently unavailing because there is a transcript of the plea and waivers. Even if, for criminal conviction purposes, the plea is negated, the transcript of the plea and waivers is admissible as an admission and sufficient as a matter of law to support the licensing agency's accusation re revocation. Many professional/occupational licensing attorneys feel strongly that defendants in criminal court should be advised of the potential consequences for State licenses at the time of entering a plea to criminal charges, through counsel or by the court, just as the consequences for immigration status must be advised upon pleading in criminal court. But that is not the present state of the law. Finally, a large percentage of persons faced with State license revocation actions proceed in pro per. Such efforts are almost never successful. CA licensing law is technical and counter-intuitive, beginning with the fact that if the licensee prevails at the factual hearing before the Admin Law Judge, the licensing agency can simply override that result. Skilled and experienced counsel in defense of revocation proceedings is essential for any meaningful prospect of success.