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Liscense hold, Will I get arrested for driving??

R

Rider

Pure Gonzo
Joined
Sep 17, 2007
Location
Morgan Hill
Moto(s)
'01 GSX-R 750 SOLD : ( TM 300E (hahahahaHAHAHAHAHA! its like cheating . . .)
Name
Raoul Duke
Hi all,
Thanks for taking the time to read my post. Before I get flamed for not searching the subject just let me say that I did and couldn't find anything pertaining to liscense holds.

So back in march, I was driving through downtown San Jose when I got pulled over and given a fix-it ticket for the brake lights being out. This was a while ago, but as far as I remember I received some sort of notice from the court that I think I had signed off and sent in. I remember sending in something, but I know it wasn't the original ticket as I just found it. Anyways, I got my first speeding ticket the other day (easily avoidable, stupid me) and the Officer citing me infromed me that there is a hold on my liscense for an FTA. Having dealt with a fix-it ticket a few years ago through the mail, I had no idea that I had to take care of it in court and thought I'd already handled it anyways so this came as a bit of a shock. The Officer (Pennington, one of the MHPD's motorcycle riders) then informed me that if he saw me driving again before I handled the matter he would stop and arrest me, and impound the car for 30 days.

After digging into the matter, I found myself with two options: Pay $461.50 and have the hold dropped immediatly (impossible, I can't even afford all of my books for school this semester) or wait to go to court for a month. I opted for the latter, but while DMV tells me that my liscense is NOT suspended and therefore I cannot be charged as such, they also tell me that I could face possible arrest at the discretion of any Officer that happens to stop me.

So, what do I do? I can't really make it to school without driving myself, at least not every day, but then on the other hand I don't own the car I've been driving and I can't risk getting it impounded, either. I need to be able to drive, but I can't with this hanging over my head. The only thing that I can think of to do is make sure I give no probable cause to get pulled over and carry proof of my new court date in case I do get pulled over.

This is very frustrating and stressful to me, that I could potentially be arrested and have to pay upwards of $1500 that I certainly don't have to get the car out of impound. Anyways, any advice on this matter would be GREATLY apprecciated. Thanks!
 
Rider said:
The Officer (Pennington, one of the MHPD's motorcycle riders) then informed me that if he saw me driving again before I handled the matter he would stop and arrest me, and impound the car for 30 days.

but while DMV tells me that my liscense is NOT suspended and therefore I cannot be charged as such, they also tell me that I could face possible arrest at the discretion of any Officer that happens to stop me.
Click to expand...

Looks like you answered your own question. If you do decide to drive, don't do anything that would get you pulled over.

And why do you have to wait a month to go to court? I thought most courts took walk-ins. If you ask nicely, the judge will probably give you a payment plan.
 
There are 3 possibilities.
1) Your license can be suspended/revoked. (SUSPENDED)
2) Your license can be active/valid. (VALID)
3) Your license can be inactive/on-hold or expired. (UNLICENSED)

It sounds to me like you are #3, unlicensed.
Therefore, you can be cited/arrested for 12500(a) CVC and your ride can be towed and impounded.

So, you are essentially in the same boat as anyone that never had a license or anyone that let their license expire. Unless, he mis-spoke and you are actually suspended.

I don't know why a court would put your DL on "hold" when they could have suspended it for the FTA.
 
OldFatGuy said:
. . . I thought most courts took walk-ins. If you ask nicely, the judge will probably give you a payment plan.
Click to expand...

I can just walk in and take care of this? Where? Seriously, I'd love to know because the sooner this is over, the better. I mean, it's JUST A FIX-IT TICKET. How the hell does a $10 ticket turn into a $461 one?! I'm all about giving back to the community, but seriously, they'd be better off not impeding my progress through school so that I can hurry up and graduate, and start dumping 25%-35% of what should be a generous salary (CPA's make good money) into the government's coffers with my tax payments . . . GRRRRRRRRRRRR . . . oh and thanks for responding.
 
Rider said:
I can just walk in and take care of this? Where? Seriously, I'd love to know because the sooner this is over, the better. I mean, it's JUST A FIX-IT TICKET. How the hell does a $10 ticket turn into a $461 one?!
Click to expand...

When it becomes misdemeanor FTA. You're lucky you aren't dealing with a tow/impound and making bail arrangements. $461 is cheap compared to all of that.

As far as just walking in, you could try phoning the court and asking for an appointment with a traffic judge/commissioner, or find out what days and times they handle traffic, show up, and explain the situation and ask if you can take care of it then. You may find them accommodating.

Anyhow, if you don't ask, of course you'll wait the thirty days. Only costs you a phone call. Might not help, can't really hurt.
 
motorman4life said:
So, you are essentially in the same boat as anyone that never had a license or anyone that let their license expire. Unless, he mis-spoke and you are actually suspended.

I don't know why a court would put your DL on "hold" when they could have suspended it for the FTA.
Click to expand...

I don't know either, but DMV confirmed the "Hold" status. I would like to know how any of you LEOs out there would treat me if you pulled me over and I showed proof that I am trying to resolve this matter, in the form of a copy of my promise to appear in court. Also, this document cites VC-40508A-M along with my fix-it ticket; I'm assuming that this signifies an FTA, but got no relevent results when I ran it through the CA legal code database linked from one of this forum's stickies . . . this does signify an FTA, right?
 
Rider said:
Also, this document cites VC-40508A-M along with my fix-it ticket; I'm assuming that this signifies an FTA, but got no relevent results when I ran it through the CA legal code database linked from one of this forum's stickies . . . this does signify an FTA, right?
Click to expand...

40508. (a) A person willfully violating his or her written promise
to appear or a lawfully granted continuance of his or her promise to
appear in court or before a person authorized to receive a deposit of
bail is guilty of a misdemeanor regardless of the disposition of the
charge upon which he or she was originally arrested.
 
Marlowe said:
As far as just walking in, you could try phoning the court and asking for an appointment with a traffic judge/commissioner, or find out what days and times they handle traffic, show up, and explain the situation and ask if you can take care of it then. You may find them accommodating.
QUOTE]

Have you done this before, or do you know anyone that has? I suppose it certainly wouldn't hurt to try, but at the clerk's office earlier today I remember seeing a sign saying that I can't talk to a judge outside of court. I would have thought setting the court date was the same as making an appointment, unless I could make a general appointment and bring up the issue? Guess I'll just have to figure it out tomorrow, as it is my only option.
Thanks for the advice bro
Click to expand...
 
Rider said:
I can just walk in and take care of this? Where?
Click to expand...

Like the others said, call the court and ask. It's been a while since I've been to court, but you used to be able to show up first thing in the morning and get on the day's calendar. And it's pretty common for judges to allow you to make payments on your fine.
 
Rider said:
Have you done this before, or do you know anyone that has? I suppose it certainly wouldn't hurt to try, but at the clerk's office earlier today I remember seeing a sign saying that I can't talk to a judge outside of court. I would have thought setting the court date was the same as making an appointment, unless I could make a general appointment and bring up the issue? Guess I'll just have to figure it out tomorrow, as it is my only option.
Click to expand...

Yes, but not for misdemeanor FTA -- for a traffic infraction that I wanted to resolve before I moved and it wouldn't be easy to make the calendared appearance. It wasn't a problem.

What that sign means is, you can't just show up at random times and grab the guys lapel outside of court and talk his ear off. It does NOT mean you cannot speak to the clerk and be put on the calendar.

Generally speaking there's only one or two of them that handle traffic in any given court -- either he talks to you now, or later, but either way, he's going to be dealing with you. If the court has got time, they are generally perfectly willing to put you on the calendar and get it out of the way.

As far as the fine goes, explain your situation and finances and you can probably get it waived or reduced.

Again, you've got nothing to lose by calling and asking. Worst case, the clerk says no.
 
From the information you provided, it sounds like it would be a violation of 12500(a) V.C. if you drove with your license on a "hold" status. That essentially means that you are unlicensed until this gets resolved in court. However, unless your license is suspended or you were never issued one, then a 30-day impound would not apply. An officer could tow your vehicle for storage though. See VC below.

12500. (a) A person may not drive a motor vehicle upon a highway,
unless the person then holds a valid driver's license issued under
this code, except those persons who are expressly exempted under this
code.

14602.6. (a) (1) Whenever a peace officer determines that a person
was driving a vehicle while his or her driving privilege was
suspended or revoked, driving a vehicle while his or her driving
privilege is restricted pursuant to Section 13352 or 23575 and the
vehicle is not equipped with a functioning, certified interlock
device, or driving a vehicle without ever having been issued a driver'
s license, the peace officer may either immediately arrest that
person and cause the removal and seizure of that vehicle or, if the
vehicle is involved in a traffic collision, cause the removal and
seizure of the vehicle without the necessity of arresting the person
in accordance with Chapter 10 (commencing with Section 22650) of
Division 11. A vehicle so impounded shall be impounded for 30 days.

22651 (p) When the peace officer issues the driver of a vehicle a notice
to appear for a violation of Section 12500, 14601, 14601.1, 14601.2,
14601.3, 14601.4, 14601.5, or 14604 and the vehicle is not impounded
pursuant to Section 22655.5. A vehicle so removed from the highway
or public land, or from private property after having been on a
highway or public land, shall not be released to the registered owner
or his or her agent, except upon presentation of the registered
owner's or his or her agent's currently valid driver's license to
operate the vehicle and proof of current vehicle registration, or
upon order of a court.
 
Hey thanks for all the great info guys, believe me I'll rest easier tonight knowing that I have a chance of putting this behind me tomorrow.
 
Okey, I'm cornfused.

Do you still have you license in hand and/or were you serviced with a sus/revoked license paper?
 
you should probably have your mom or dad call for you, im sure he or she can get it all settled pretty quick:rolleyes
 
Just FYI

I got popped for riding on a restricted license in Santa Cruz (Thanks officer Pauly) I wasn't taken in but but my $1600 bike got impounded for 30 days I got a $1200 ($100 per month) fine and 7-days picking up trash in a park in SC.

The impound fees came to $3200 bux so I lost my bike.

Get things sorted out ASAFP.
 
windex said:
Okey, I'm cornfused.

Do you still have you license in hand and/or were you serviced with a sus/revoked license paper?
Click to expand...

Yes, I have my liscense in hand. No, I was never notified of th * Hold * until I got ticketed for speeding.
 
Saw the judge last week it got dismissed . . . I'm sure glad I didn't do something stupid, like actually try to find a way to pay that $461 fine or try to make it a month without driving! Thanks to everyone for their input.
 
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