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Ask David C. Garner Your Own Question

David C. Garner
David C. Garner, Attorney
Category: Legal
Satisfied Customers: 846
Experience:  JD with Distinction, Admitted to practice in California
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If I received a ticket for violation 12500A and 4000A1 and

Customer Question

If I received a ticket for violation 12500A and 4000A1 and I pay the bail amount of $687.00 will this be a report-able offense to the DMV? This is in the state of California.
Submitted: 1 year ago.
Category: Legal
Expert:  David C. Garner replied 1 year ago.

David C. Garner :

Hello, are you there?

David C. Garner :

Hello...

Customer:

Yes

David C. Garner :

Hello, the short answer to these questions is that yes, this will be reported to the DMV. It will show on your DMV record.

Customer:

Will this be a problem in being able to get my revoked license back in August of this year?

David C. Garner :

Why was your license revoked?

Customer:

Yes in the state of Illinois.

Customer:

Sorry misread why

Customer:

DUI

Customer:

in Salt Lake City

David C. Garner :

It won't help, but if you comply with the terms of your DUI probation, pay the fines and fees and what not, you will be able to clear your license and get it back.

David C. Garner :

Are you there?

Customer:

So if I have anything outstanding still due from the original offense in Salt Lake City but now I'm in California, how will I be able to clear that up?

David C. Garner :

You will need to clear your obligations in SLC, show proof of registration, and clear your fines and fees in CA and you should be able to, at minimum, get a provisional license.

Customer:

Now the vehicle I was driving was not mine and the owner still has not updated his registration. What do I do about that?

David C. Garner :

If you cannot get the vehicle registered and show proof of correction, you will have to pay the fine.

Customer:

Are you still there?

David C. Garner :

Yes....

Customer:

Would that be a separate fine from the $687.00 I owe now?

David C. Garner :

Probably, yes. You can always schedule a court hearing, explain the situation and ask for a reduction in the fine.

Customer:

How would I find out my status in Salt Lake City? I was going to school and didn't pay the fines and now I don't know where it all stands. But I'm in the position to clear this all up now but don't know where to begin.

David C. Garner :

I would contact the Utah DMV, or the court in which the case happened. The court will be able to tell you what it takes to clear it from their perspective. They will then tell the Utah DMV which will release the hold. This will in turn flow to CA who, if you clear your fines here, will likely issue you a license. The courts have a bias toward having licensed drivers.

David C. Garner :

Did you get that last part?

Customer:

Yes.. That sounds fantastic. It seems that I will be able to clear this up. Will this stay on my permanent record? Will I be able to clean that up as well and start a solid law abiding lifestyle?

David C. Garner :

It will age off your record eventually. And yes, once you clear it up you will be licensed and ready to go. Again, the courts would rather have people be licensed than not, so as long as you work toward clearing it, they will work with you.

Customer:

One last question...

David C. Garner :

Shoot.....

Customer:

When I got the DUI in Utah I was driving a valid Illinois license. Utah suspended my Illinois license and went I went back to Chicago they said because I got the DUI in Utah that they were going to revoke my license because I was found guilty. Does that make sense? I was very confused.

David C. Garner :

Clear your obligations in Utah. It will flow to Illinois which will in turn, flow to CA.

Customer:

I can't thank you enough. Are you really available to me 24/7?

David C. Garner :

We are always here.

David C. Garner :

Have a good day!!

Customer:

I really can't thank you enough.

David C. Garner, Attorney
Category: Legal
Satisfied Customers: 846
Experience: JD with Distinction, Admitted to practice in California
David C. Garner and 14 other Legal Specialists are ready to help you
Customer: replied 1 year ago.

I have a few follow questions... are you available?

Expert:  David C. Garner replied 1 year ago.

Hello,

I'm here. What can I do for you?

Dave

Customer: replied 1 year ago.

Since we last spoke.. I have put my friends car in the shop to get fixed so he could pass the smog test that was holding up his tags. Now the registration was due in this past January and he did go to get them and paid for them as well, that is when they advised him that they couldn't release the tags until he brought in the smog certificate. Now my court date is this Thursday but I'm not sure if I will actually be able to show proof because my friend will be out of town all week. My first question is.. will the court be satisfied if I show that the tags were paid in January and I show the smog cert as well?


 

Expert:  David C. Garner replied 1 year ago.

Hello,

What the records will show is "in progress". Tell the court that the registration fees have been paid, and the smog certification is underway, but you don't have the documentation you need yet. Then ask to continue the case to give you the time you need to complete the process. Since you are working on it and can show proof, the court should have no problem continuing the matter.

DCG

Customer: replied 1 year ago.

Excellent. Now the 2nd question is.. I spoke with the Utah DMV and the Court. They advised that the only outstanding issue I have with them is the 48 hours of community service. Will I be able to take care of that in San Diego?

 

I also meant to ask if I already had a 30 day extension for the issue in California, will they grant me another one, so I can show proof of registration?

Expert:  David C. Garner replied 1 year ago.

Hello,

At to the 48 hours, the court might or might not allow you to do that out of the jurisdiction. Really the only way to know is to petition the court for permission to do that.

I would check with the clerk to see if there is a process in place for this, and then you might want to hire an attorney for a couple of hundred bucks and ask them to petition the court for permission to do so. Its really not a question I can answer here.

DCG

Customer: replied 1 year ago.

Did you see the follow up question about getting the extension to show proof of registration here in California when I have already received one 30 day extension?

Expert:  David C. Garner replied 1 year ago.

Hello,

California should, for the same reason. If you are making progress toward resolving the situation, courts are usually willing to support you in your efforts. Its is to society's advantage to have licensed drivers, so as long as you are working on the issue, courts will likely grant you the time you need.

DCG

Customer: replied 1 year ago.

I think the last question is... will I have to pay the fine on Thursday or will they let me extend that as well?

Expert:  David C. Garner replied 1 year ago.

Hello,

The court will not make you pay a fine until a final adjudication, which will not happen until you can show the proof of correction. Tell the court you need more time, ask to continue the matter and go over (show proof) of your efforts to date. The court should continue the matter upon that showing.

DCG

Customer: replied 1 year ago.

Thank you!

Expert:  David C. Garner replied 1 year ago.

Best of luck to you. You WILL be able to clear all of this, it will just take some effort. Keep after it!

DCG

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