they want to take my license...

so yesterday im sitting in the backseat of my friend's car, hes driving me home, and we get in an accident. the cars totalled (dont worry it was a VW) he was completely at fault, but no other cars were involved and no one got hurt. there were three of us in the car and my buddy driving hasnt had his drivers license for 12 months (were all minors), so he isnt allowed to drive anyone else under 20. yea i noe. we fucked up.

basicly because of this we're all expecting that he's gunna have his license suspended. but now it looks like the cops want to try and suspend all of our licenses. does anybody here know if they can do that? ive looked up the laws on the dmv website and i cant find anything that talks about what can happen to the passengers and it just doesnt seem right that they would be able to take my license, with an otherwise perfect record, just for being in the car.

any help or knowledge would be great

 

i would suggest getting a ticket attorney at the least. they will know the law and be able to represent you in court. If you fight it on your own...chances are they will do whatever they want to your license.

 

You had better be talking to an attorney, try free legal aid if you can't afford it. I'm certainly not an attorney, and I tend to have a "challenge" with authority, but me thinks that if you knew he wasn't licensed, them by being in the car, you were a knowing accesory to his breaking the law.
Strange as ir seems, a lot of the laws, especially concerning driving really are meant to protect people.
Good luck.
Mike

 

I think this would be an oppertune time to learn the value of a GOOD lawyer.
From someone who always learned the hard way, take my advice.
do not drink and drive, do not speed excessively, and always use a turn signal(well if you got em), and you will have alot less run ins with the police.

 

he's licensed, but in cali theres a law if youre under 18 you cant drive minors for 12 months, its like a 35 dollar no point ticket

 

I'm no expert, not by a long shot, but it seems like they wouldn't have grounds to punish anyone as a passenger...unless somehow your knowing the driver has no license has something to do with it...

 

In the eyes of the law, it sounds like you were willingly breaking the law especially if you new he couldn't carry passengers. Lawyer up... you just might have put your ass in a sling...

 

I dont know Cali. Motor vehicle laws so im only going to say "this sounds like total bull shit" but it is very communistic in Cali. I would get repesentation for sure..and look up the law your self..be prepaired to fight for your "privelge" to drive, and represent your self professionally...(ps..that means dont go in dessed like a hoodlum and dont act like one)

 

Depends on the laws of California, but I'd talk to a lawyer. If you knew he was not licensed you were a fool to get in the car. Despite that I have issue with them trying to punish you for his actions.

If you had no direct culpability in the cause of the accident you should not be punished as if you did. IMO. You have nothing to lose if you try to fight it.

What ever you do, know your rights, know your responsibility under the law. Most importently when interacting with anyone in government, be respectful. You will get a lot further. Especially with judges (don't disrespect the court either, they hate that).

If you know the law and know your rights, you can protect yourself from being abused by an overzelous cop or prosecutor.

 

happend to me exactly like u . i was in mu cousins truck 2 days after he got his license burnout at a stop light fishtailed into a 360 smashed into the telephone poll it was hilarious. any way i was laughin and the cop told me i could get a ticket to for knowing he was gonna do that .yeah ok

 

I'm gonna second what Fishtail said. If they can prove that you knew of the law and still let him drive you around it could be trouble.

 

It could be a "guilt by association" thing... if he's breaking the law, and you're with him knowingly, then its as good as you breaking the law yourself... works that way with many laws out there.

I don't know if thats what it is in this case, but i would HIGHLY advise getting yourself a good attorney... yea, its a bit expensive, but its worth every single penny. I don't get in trouble very often on the road anymore thank goodness (getting older helps you learn more lessons), but my attorney is at the very top of my contacts list in my cell phone... just in case... haha!

 

And this has to do with spreading the gospel how?

 

well if i lose my license i cant drive my '50, and its kind of hard to support the kustom car culture when you cant drive your custom car.



Thanks a lot to everyone cool enough to give me some advice i know my whole situations due to me being and acting like a dumb kid

 

Von Rigg Fink, i take exception to you calling cailf communistic. we take pride in voting the same morons in office everytime, just so they can take away our freedoms and sell them back to us as taxes, govn fees and such. we also like to be called "The Socialist Republic of California" for you information.

 

Just giving you a hard Time. Don't start kicking the dog. Sorry I'm not cool enough to give you advice, but I already have kids of my own to give advice too. I think it's great you have a 50 and not a '99 with a giant fart can. Let's see pics.

 

Yeah, that sucks. I used to get stoned and ride around with a guy just as stoned as me. I think most of us did shit as younger people that was not very smart. I dont think they should crucify you for being in the car with him, could have been worse. Seems like you could have been pimping your sister for crack and would get in less trouble, some laws are straight up bullshit.

 

In some jurisdictions they can yank your drivers license away from you for anything, traffic related or not if you are a minor. Truancy, burning a few of the medicinal leaves, swilling a brewski, or even posessing a pack of Camels. Until you are 21, you are not a citizen, at least you don't have the constitutional protections of one.

 

you know what... we have all been there. i lost my license for running from the cops and a ton of other "minor infractions" I grew out of it and realized you have to play by the rules to get by.

Your best bet is to lay low for a while if they serve you with something saying that you will lose your license then it's time to be a man ...... and get a damn lawyer.

You might lose your license still but give it a good fight at least. The fact that you were not driving should hold something for yah i don't know what but damn.... lose your license when you are not even driving thats rough.

yah yah do the crime do the time but no offense you are just a kid hopefully this will be a wakeup call and you won't be screwing off and getting busted for it.

sorry to bust your chops a bit but if it comes down to it learn the laws and get a lawyer and hopefully you will be driving that 50

 

HUH? You have rights when your born and even more when you turn 18. As far as protections, in the state of Califas driving is viewed as a privelage not a right.

 

get a mouth piece

 

: Feel sorry for you. Cant put old head on young shoulders. After reading Roger Jetters books (a HAMBer) he and his mates are lucky to still have their arse.
Yep, I know most of its made up

 

Most lawyers around here have a "Consultation- First 30 minutes free" policy where they can get a good idea of whether or not they want to take your case. This may be a good time to take advantage of that offer to get a professionals' view of your situation, if your locals have that offer too.

It is almost impossible for a court to hold you responsible for something you had no knowledge of, unless it was reasonable to expect you to have that knowledge (of your friend's license situation or intention to do something) and you went along anyway.

But of course it could be completely different, according to whether you were quiet ("I didn't know he had .....or planned to.. geez that was news to me.......")
or whether you were running off at the mouth trying to cooperate a bit too much.... "I thought this might happen"... "We thought it would be ok..." " I should have told him..." "I thought..."

You may have already sunk yourself without knowing it, if you talked more than the absolute minimum. Any of your statements can be used by the cops or the court to show that you knew what was happening and was therefore agreeing to be part of it by going along with it. In other words, they may not have had anything at all against you, and just wanted to scare you straight (taught in cop school), but in your talking, you could have easily given them a reason to continue. Can you recall for certain every word you said?

So the question is- Did you talk a lot, or did were you a man of few words?

 

In ANY state in the US...driving IS a privilege...it is NOT a right...

R-

 

You might get a Cal. Vehicle Code book and look at the section for drivers license for young guys and see if it states that this can happen...Other than that consult an attorney if they do it. Good luck to you. I sure did some questionable things in my youth.

 

A minor can be screwed administratively, even in the peoples republic of california, in ways that adults can not. Driving is a privilege everywhere, they remind you of that everytime you stand in front of a judge in traffic court. Although technically it's not an issue of "rights" in practice if two guys are stopped in a car, and both have a pack of smokes in his pocket and one is a minor, he can lose his drivers license, and the adult who may be driving can not. (at least for posessing tobbacco) No "rights" violation, just administrative action.

Welcome to the big brother, all powerful government world kiddies. Thank all the do-gooders. Everybody thinks they have the right to tell you what is good for you and how to live, in some places they get away with more of it.

BTW, Get the lawyer, keep your yap shut.

 

I guess your question has been answered as much as its going to be...