How to Handle a Misdemeanor Driving On Suspended License And Getting Your LIcense Reinstated
HANDLING THE MISDEMEANOR CHARGE FOR DRIVING ON A SUSPENDED LICENSE-CRIMINAL COMPLAINT.The charge of Driving On A Supsended License, DOSL, is criminal Misdemeanor arising out of the fact that a prior traffic ticket court hearing was missed or a fine was not paid. It may also be the result of failing to complete the probation conditions of a DUI.
As result of being charged with a DOSL, the District Attorney will file a Criminal Complaint.
HANDLING THE MISDEMEANOR CHARGE FOR DRIVING ON SUSPENDED LICENSE-COURT APPEARANCESIt is extremely important that you appear at the Arraignment Hearing and all subsequent hearings. if you or your attorney fails to appear an arrest or bench warrant will be issued for your arrest.
If you hire an attorney, you will not have to appear for the Arraignment Hearing or subsequent court hearings, unless your attorney desires you to be present or the judge specifically request your appearance, pursuant to California Penal Code 977a.
HANDLING THE MISDEMEANOR CHARGE FOR DRIVING ON SUSPENDED LICENSE-A PLAN TO RESOLVE THE CRIMINAL CASE-PART ONEIn order to have the court dismiss the Midemeanor and/or reduce this charge to a reduce charged, a midsdemeanor or infraction, the most common- Driving On A Invalid License, California Vehicle Code 12500, it is very important that you or your attorney had developed a plan to resolving the court case.
The plan would consist of FIRST entering a Not Guilty plea at the Arraignment Hearing to preserve all of your legal rights and obtaining an offer from the District Attorney.
HANDLING THE MISDEMEANOR CHARGE FOR DRIVING ON SUSPENDED LICENSE-A PLAN TO RESOLVE THE CRIMINAL CASE-PART TWOSecondly, it is also very important at the Arraignment Hearing that an arrangement should be made with the District Attorney to schedule a future Pre Trial Conference 90-120 days away, so there is ample time to reolve the traffic ticket(s) that caused the license to be suspended and have all holds placed by the court and DMV removed.
Once this has been accomlished, then a valid license can be obtained from the DMV and a copy or the original license can be shown to the DIstrict Attorney.
GETTING THE DMV HOLDS OFF MY LICENSEAs any offer from the District Attorney will always contain the condition of showing proof of a Valid Driver's License, it is very important that all holds are removed.
In Los Angeles County, a hold may be removed by paying a $10 dollar fee for the issuance of an Abstract after a new court date has been scheduled to address the Failure to Appear and the prior traffic violation.
In Orange County, the ticket has to be paid in order to have the hold removed.
GETTING A VALID LICENSE FROM THE DMVUpon each hold removed by the court by sending an Abstract to the DMV, your DMV record will show the removal of each hold.
Upon all of the holds removed, the next step would be to visit a local California DMV office and request a DMV review to make sure there are no existing holds. Once conformed, then request the issuance of a new California License or the reissuance of your California License.
You will receive a Temporary License & the hard-plastic license should arrive in about
WHAT DO I DO WITH THE NEW LICENSE TO HELP MY CRIMINAL CASEIf by the time of your next court appearance, you have either the Temporary License or the hard-plastic license, you need to bring it to court and show the District Attorney or if you have an attorney, give a copy of either one so the same can be shown to the District Attorney in order that the previous offer presented can be honored and your criminal case be resolved in the best possible manner as offered and agreed.
CONCLUSION: AVOIDING FUTURE SUSPENDED LICENSE CHARGESAs this experience has been or could be very stressful, time consuming, and costly, it is highly recommended that one should always take the necesary steps to appear at all court appearances and pay all fines as instructed. Remember, most courts allow for lengthy payment plans with a minimal payments as low as $25 per month, so you can avoid a license suspension in the future.