Claremont Suspended License Lawyer

Claremont Suspended License Attorney

The Department of Motor Vehicles (DMV) in California is the organization responsible for administering, revoking, and suspending licenses. If your license is suspended for any reason, it can be a disheartening experience. Because you likely depend on your license to travel to work, school, or home, it may be time to consult a Claremont suspended license lawyer to get your license back.

Whether you received a DUI, rejected a chemical test, or violated a traffic law, we can represent you throughout your case. At The Law Office of Daniel P. Flores, we have extensive experience in representing clients who face a variety of suspended license charges. We understand that everyone makes mistakes and deserves a second chance. We can protect your rights, challenge your suspension, and navigate the charges against you.

License Suspension vs. Revocation

While both can greatly interfere with your day-to-day life, license suspension and revocation are two different consequences. License suspension is temporary and may result in your license being suspended for a set time. License revocation is more permanent, and you will have to pay hefty fees or even reapply to get it back.

Reasons for a License Suspension in California

There are several reasons why you may get your license suspended in California, though the state is working to create fairer license suspension laws for its citizens. For example, in 2021, the DMV lifted over half a million license suspensions for such infractions as failure to appear or failure to pay citations. In another case, the DMV released over 149,000 suspended licenses for individuals who failed to pay child support.

While these cases reflect the state’s initiative to make license suspension fair and equitable, there are other infractions for which your chances of getting your license suspended are high. For example, you may get your license suspended if:

• You get charged with a DUI, or driving under the influence of alcohol and drugs.
• You refuse a chemical test to determine your BAC upon being pulled over for a suspected DUI.
• You break traffic laws, like excessive speeding, hit-and-run, or evading authority, such as in a high-speed chase.

Laws Surrounding License Suspensions in California

The laws surrounding license suspensions vary, as they depend on the severity of your infraction. For DUIs, your license may be suspended for four months if it is your first infraction. It could be suspended for a year if it is your second or subsequent infraction. This penalty is separate from that for rejecting a BAC test, which is referred to as an Administrative Per Se (APS). An APS results in your license being suspended immediately, and you have 10 days to get it reinstated by an administrative hearing.

Whether you get your license suspension because of a traffic violation, as well as the length of that suspension, is at the court’s discretion and is based on the point system. California assigns points to your record for every traffic violation. As you accrue points, the risk of getting your license suspended increases.

You may get a point on your license for speeding, getting into a collision, or other moving violations. The point system is as follows, and your license can be suspended if you get:

• 4 points in a 12-month period
• 6 points in a 24-month period
• 8 points in a 36-month period

How a Lawyer Can Help

Your DUI attorney in Claremont can help you in several ways if you get your license suspended, for whatever reason. In Claremont, you will need to go to the Pomona DMV Field Office to attend an administrative hearing. At your hearing, you are expected to provide written evidence of your innocence or the DMV’s unfair suspension of your license. Your lawyer can gather evidence, bring in credible witnesses, cross-examine the DMV’s witnesses, and challenge the evidence against you.

FAQs About Claremont, CA Suspended License Law

What Is the Ideal Way to Appeal a License Suspension?

The ideal way to appeal a license suspension is to have a lawyer represent you at your administrative hearing. At the hearing, you can present evidence, as will the DMV that suspended your license. You can also cross-examine witness testimony and challenge the evidence against you. However, without legal knowledge and experience, this can be incredibly difficult, which is why hiring a lawyer is recommended.

What Are the Odds of Winning a DMV Hearing?

The odds of winning a DMV hearing are hard to determine, as they depend on several factors. First, you must consider whether you have had prior suspensions. Prior suspensions may make it more difficult to get your license back, though it is not impossible. Secondly, the skill of your lawyer makes a significant impact on your hearing. An experienced lawyer may increase your chances of winning over handling the case yourself.

How Can I Reduce My License Suspension?

Yes, you can reduce your license suspension in California. For example, if you get a DUI, you can get a restricted license by following a few steps, which include:

• Serving your initial 30-day period of no driving
• Obtaining an SR22, which is a financial responsibility certificate filed by your insurance company
• Enrolling in a DUI education or diversion program
• Paying the necessary reinstatement fees

Can Your Insurance Tell If Your License Is Suspended?

Yes, your insurance knows when your license has been suspended. Pursuant to California Vehicle Code (CVC) §16058, insurance companies must report vehicle information to the DMV, and they can also see if there are license suspensions on a person’s driving record. While they may not check throughout the length of the insurance term, they may check it when you reapply or make a new claim.

Contact an Experienced License Suspension Lawyer in Claremont

At The Law Office of Daniel P. Flores, we can defend you and get your license reinstated. California is a state heavily dependent on private vehicles for transportation, so being without a license can be a significant burden. Do not try to represent yourself at your administrative hearing. Instead, contact us today, and let us help you with your case.