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California Legal Help Topics, Discussions and Information relating to Legal Information specific to the State of California. This information is *NOT PROFESSIONAL* and should always be fact-checked!

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  #1  
Old 05-08-2009, 02:15 PM
bincita
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Default Can you ever drive again if you have a 245(a)?

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?
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  #2  
Old 05-08-2009, 06:57 PM
Gryphon Gryphon is offline
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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.

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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?
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  #3  
Old 05-08-2009, 07:35 PM
bincita
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I called the DMV and they told me it was only 3 years. I specifically told them the exact law and everything. They said after 3 years he could apply for his license back. Could there have been a change? I told the guy I was talking to that I had heard it was a lifetime suspension. He said it was a 3 year revocation. He looked it up and everything and read it to me. What is the difference? I am more confused now than ever!
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Old 05-08-2009, 09:04 PM
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I met a friend of mine while visiting...her boyfriend was doing 5 yrs for attempted murder...he had used his car and ran someone over during a dispute. Long story short he got out last july..he was pulled over while driving with a suspended license. When he went to court they fined him about 1200.00 and ordered him not to drive until he can get a valid drivers license. So that was the consequences in this case. He commited a far more serious crime behind the wheel than your husband.

Hope this story helps.
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  #5  
Old 05-08-2009, 11:26 PM
Gryphon Gryphon is offline
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Well, DMV was wrong. It is a lifetime suspension if he got a 245 w/car. However, dealing with DMV is very much a factor of who you are talking to. Remember that name, and try to get a valid CDL.
Anther possibility is that the court clerk didn't report the crime to DMV as auto related, and the suspension has to do with other factors.
You may want to go to your local law library and see if they have the DMV Manual. It'd help if you can get a copy of his DMV print out (which shows the reason for suspensions).

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Originally Posted by bincita View Post
I called the DMV and they told me it was only 3 years. I specifically told them the exact law and everything. They said after 3 years he could apply for his license back. Could there have been a change? I told the guy I was talking to that I had heard it was a lifetime suspension. He said it was a 3 year revocation. He looked it up and everything and read it to me. What is the difference? I am more confused now than ever!
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  #6  
Old 05-10-2009, 01:09 AM
bincita
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I have the suspension notices with the reasons and one is for stealing the car (1 year) and the other is the DUI. I think you're right, Gryphon. I think the court clerk did not report the 245! So, come November, I'm going to suggest he go try to get his license back. Why rat yourself out?
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Old 05-10-2009, 09:12 AM
kima kima is offline
 

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Be sure and check out all the legalities of the Driver's License Compact and the Driver's License Agreement that include registration in a national databases for license violations, etc. Not all states are members, but from what I understand, if CA would suspend his license indefinately then the other states would, too (even if their state normally wouldn't). I could be wrong, but that's how I interpret it without doing much study on the full implications. Anyways, you could research it a little before making any backup plans to leave CA for this reason alone. Although I can think of other, numerous reasons that I would leave CA if I could!
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Old 05-10-2009, 01:28 PM
bincita
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I totally hear ya Kima. Unfortunately I raised my three daughters here and they aint going nowhere!!!

But I'd get out of Californication in a heartbeat if I could.

I'm going to pull his DMV transcript. I want to be sure.
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Old 05-08-2019, 10:59 PM
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I know this is an old thread but im going through the same thing as your husband did .I got the same charge and was told my license would be revoked for life.However i went to the Dmv and got my driving record and showed no conviction .Was your husband able to get his license?
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Old 05-09-2019, 03:58 AM
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Well since the original post is pretty old, I dont know if the op will be able to answer.
I for sure would not be driving without a valid license tho.
It could end up that the paperwork will come out at some point and DMV will notify you via mail that the license is revoked, even after you applied and got another one.


DMV is pretty messed up these days as far as things go. Im sorry I dont have better info for ya.
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