Larry Pilgrim, Member of Sacramento Area Criminal Defense Lawyers Association

Driving with a Suspended License?

Suppose you lend your car to a friend. You know that she does not have a valid driver's license, but she's just going on a short errand. For some reason a police or CHP officer pulls her over. New Senate Bill 1758 requires that your car be impounded for 30 days. You will face misdemeanor charges, and to get the car back, you will have to pay towing, storage and other charges which could easily add up to $1,000.00

Or, you received a misdemeanor conviction for driving on a suspended license last month, but you decided to do it again. You get pulled over for a traffic violation. Under new Assembly Bill 3148, your car will be impounded, and possibly forfeited and sold by the state. These are a few of the strict new California laws which took effect January 1, 1995.

Many of the new anti-crime laws enacted by the Legislature were auto-related, DUI laws were strengthened; laws against car-jacking were written; immediate revocation of drivers' licenses were added to many drug- and weapons - related charges.

Included in the new auto-related laws in California are two tough unlicensed-driver laws, written by Senator Quentin Kopp and Assemblyman Richard Katz. Kopp's bill, SB 1758, says that if you are driving without a valid license, your car will be impounded for 30 days. Katz's bill, AB 3148, also known as the Safe Streets Act of 1994, will require any car driven by a second-time offender of driving without a license, be forfeited and sold by the state. (The San Francisco Chronicle reported that in the first week of January 80 cars had been impounded under these laws, which are some of the toughest in the nation.)

Since January 1, if a driver is stopped and the officer cannot verify a valid license, SB 1758 says the vehicle should be impounded for 30 days. (In actual practice some jurisdictions have not been keeping them that long.) To get the car back the driver is required to pay fines, city administrative fees, towing fees, and daily storage fees. In San Francisco for example, the administrative fee is $150, towing fee is $120 and the daily storage rate is $25 after the first day.

Under SB 1758, people who knowingly lend their cars to unlicensed drivers can face misdemeanor charges and a minimum fine of $300.

Under AB 3148, for a second offense within five years, the driver faces a mandatory jail sentence, impoundment and forfeiture of the car.

Some details:
What happens if you're pulled over by a traffic officer and you just don't have your license with you? If the officer can verify that you do have a valid license, that car will not be impounded. However, if the officer cannot verify the license, the car will be impounded and the driver has three working days to come up with a valid license.

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            Please call my office at 916-424-0400 and speak with me or my assistant Lisa directly about your case.   I will be happy to discuss your case and explore your options. If you choose to retain me, you will find my fee affordable and well worth it.

Very truly yours,
Larry Pilgrim
Attorney at Law

*I also defend clients with professional licenses in revocation or suspension actions by their licensing Board or Agency.

1009 22 ND Street                                                    916-424-0400
Sacramento, CA 95816                                            916-444-9944 Fax           larry@saccriminallaw.com         

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