View Single Post
Old 05-08-2009, 06:57 PM
Gryphon Gryphon is offline
Registered User

Join Date: Oct 2005
Location: CA Sacramento
Posts: 6,103
Thanks: 0
Thanked 2,162 Times in 1,469 Posts

A P.C. 245 (Assault with a Dealy Weapon) and use of a car is a lifetime driver's license suspension in CA.
You might look into whether some other state has a different law/administrative rule. Otherwise, he takes his chances (and doing so on probation may risk a prison sentence). Driving on a suspended license can result in some long county jail sentences and hefty fines, even if it isn't a felony probation violation.

If he wasn't advisd of losing his license, that might give him an argument via Writ that he ought to have the guilty plea set aside. He'd probably be presenting that argument via writ.
HOWEVER, be careful what you ask for just in case you get it. There was likely a reason he took a deal in the first place. That reason may still be valid.

Originally Posted by bincita View Post
I mean how can a person ever get a job again?

My husband made a serious mistake pleading nolo to this charge.

He never attacked anyone. He was being attacked through the window of the vehicle, being choked. He put the vehicle in reverse and the guy fell out.

The guy wasn't hurt and didn't even go to the hospital or miss any work.

But the DA harassed him and he got scared and plead nolo for the plea bargain.

Is there anything that he can do to get a drivers license again? Do we have to move out of California? What do they expect people to do for a living without a drivers license in California? Sell crack?
Reply With Quote
The Following User Says Thank You to Gryphon For This Useful Post:
PT ROSE (06-04-2009)