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Jim Reilly
Jim Reilly, Crim Defense Atty
Category: Criminal Law
Satisfied Customers: 1801
Experience:  CA Atty since 1976, primarily criminal law. 150+ jury trials.
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I was applying for a new job and background check showed i ...

Customer Question

I was applying for a new job and background check showed i had a suspended license for failure to appear. The failure to appear was for driving without seat belt and revoked license. I have never had a revoked license. Court and dmv records show i have never had a revoked license. but i still have to go to court for a failure to appear on a revoked license and seat belt. What do i do I have talked to everyone in the court house including DA and they said they didnt know because none of it made sense. I had to just show up for the new court date. Please help, i lost my job because of this, and no one is willing to help
Submitted: 5 years ago.
Category: Criminal Law
Expert:  Jim Reilly replied 5 years ago.
Dear Charmed,

The first thing you should do is go to the DMV offense to obtain a certified copy of your driver's license records showing that your license was never revoked. Take this with you when you go to court and present it to the judge. This should be enough to have that part of the case dismissed.

However, if you did receive a citation for driving without a seat belt and failed to appear on that citation, you will have to answer for the failure to appear and the original citation. If you plead guilty or are convicted at trial, you will be fined for both.

Did you lose your job because of the failure to appear or because of the license revocation? If the job involved driving and you didn't get it because they think your license was revoked at some point, they may be willing to reconsider if you show them a copy of your actual driving record showing that there was no revocation.

I would also keep a copy of the driving record handy, just in case a similar situation arises again in the future.

Good luck.

Jim Reilly
Jim Reilly, Crim Defense Atty
Category: Criminal Law
Satisfied Customers: 1801
Experience: CA Atty since 1976, primarily criminal law. 150+ jury trials.
Jim Reilly and 3 other Criminal Law Specialists are ready to help you
Customer: replied 5 years ago.
I lost the job because as a Manager i have to have a license. It is now suspended because of a failure to appear on a revoked license of which i never had.
Expert:  Jim Reilly replied 5 years ago.
Once you go to court and clear the failure to appear, the court will give you a release which you can take back to DMV to get your license reinstated.

After cleared this up, you can go back to your employer to see if they will reinstate you in your job. Have you had any discussion with them yet about that possibility?

Jim Reilly
Customer: replied 5 years ago.
they said that i would have to reapply for the position and if they had an opening. i talked to them today. They said none of their managers can work without a valid drivers license. Sorry nothing they can do. they said.
Customer: replied 5 years ago.
they said that i would have to reapply for the position and if they had an opening. i talked to them today. They said none of their managers can work without a valid drivers license. Sorry nothing they can do. they said. Im sorry i cant afford anymore without a job lol.
Customer: replied 5 years ago.
They wont give me a court date before september 2 and thats too long for them to hold my job
Expert:  Jim Reilly replied 5 years ago.
I would get this done as quickly as possible then, so that you can get your license reinstated. A lot of companies require their employees to have licenses, particularly if you have to drive in the course and scope of your employment. Once you have proof that your license has been reinstated, you should go back to your employer and re-apply. It sounds like this is your best shot at getting your job back. If they were otherwise happy with your work, they should be willing to give you favorable consideration.

Sorry, you posted your new messages while I was typing this response! I'm surprised that you can't get a court date before September. Does your local court not have a walk up traffic court where you can have a hearing the same day?

Jim Reilly
Customer: replied 5 years ago.
Reply to RunTam38 CA Lawyer's Post: No sir they dont have a walk up traffic court. And they refuse to do anything about it. I should be able to take my driviing record to the DA and he should dismiss it. but they wont even let me make an appointment with him. They said there was nothing i could do except got to court
Expert:  Jim Reilly replied 5 years ago.
Every court gets to set its own rules about how to handle cases. Unfortunately, not all of them are interested in doing what's convenient for the citizens they are supposedly serving. The same can also be said about the DA's offices.

It's a shame that they are going to make you wait that long to take care of such a simple matter that has such significant consequences for you.

You might want to see if your local county bar association has a lawyer referral service. Many do and they usually offer low cost consultations at which you could tell a lawyer what's going on. Sometimes, because the lawyers know the system (and the judges) they can shake loose something that you can't get done on your own.

Thanks for the acceptance. I'm glad I was able to help you.

Jim Reilly
Customer: replied 5 years ago.
Reply to RunTam38 CA Lawyer's Post: Thanksfor all your help, i really do appreciate it.
Expert:  Jim Reilly replied 5 years ago.
You're welcome, glad I was able to help.

Jim Reilly

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