QUESTION

What can I do regarding driving on a suspended license charge?

Asked on Feb 20th, 2011 on Criminal Law - California
More details to this question:
I was pulled over for having a loud exhaust. I have a valid Hawaii Driver's license and I just completed my Active Duty Service in the Military and now I'm Reserve. Three years ago in Hawaii I got a DUI after returning from deployment and they suspended my California DL then they gave me a Hawaii DL. I recently registered my car here in California and was told by the DMV it was ok that I can drive with my Hawaii DL. Too bad that was completely false. Apparently I was going to take some DUI classes again, this time here in California. What can I do about this? The CHP officer gave me a ticket for Driving with a suspended DL, loud exhaust, no front license plate, and radar detector mounted on windshield and impounded my car.
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4 ANSWERS
Jeff Fengcheng Yeh
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Answered on Mar 03rd, 2011 at 2:11 PM
You may not have completed all of the requirements from Hawaii. California will not legitimize your driving privilege unless they are convinced that you have satisfied all that Hawaii's court required of you. California may even require you to complete a local DUI program before allowing you to have a CDL. Contact a DMV specialist for further consultations.

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Answered on Feb 23rd, 2011 at 1:38 PM
You will need to visit the police agency involved to ask them how to retrieve your car. Then to DMV to ask them how to get your license back.You will probably need to complete a first offense DUI program to qualify. Ask them if you will qualify for an out of state waiver so you can avoid the program.We handle many of those cases.

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Answered on Feb 22nd, 2011 at 1:29 PM
When arrested and charged with any crime, the proper questions are, can you be convicted, and what can you do? Defend the charges. Go to court, enter a not guilty plea, set up and attend the court hearing[s] and trial date[s]. Raise all the available defenses with whatever admissible and credible witnesses, evidence and facts are available for legal arguments for motions, plea-bargaining, or at trial. Go to trial if it can't be resolved with motions or a plea bargain. If you don't know how to do these things, then hire an attorney that does, who will try to get a dismissal, reduction or other decent outcome through plea bargain for you, or take it to trial. If serious about doing so, and if this is in SoCal courts, feel free to contact me. Ill be happy to help you use whatever defenses you may have. If you have a valid license from any state, you are legal and should not have gotten the charge. The only rule is that you must apply for a CA license within 10 days of starting residence here. That is a different violation that suspended license.

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Answered on Feb 22nd, 2011 at 1:29 PM
You are looking at a 1460.2 which carries a mandatory minimum of 10 days jail. You need to hire an attorney to assist you. There are some facts that you state that can be used in your favor. This is not the kind of thing that you will be able to resolve on your own.

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