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Complaint by mail for driving while suspended

  • Thread starter Thread starter Harassed and confused
  • Start date Start date

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H

Harassed and confused

Guest
My husband got a letter in the mail yesterday saying a complaint had been filed for 14601.2 VC (Driving while suspended). This is in California. No other info was given as to when, where, or what he was supposedly driving. The letter directed him to go to the local sheriff's office to be booked and released and gave him a date to appear in court. The letter said if he doesn't comply, they will issue an arrest warrant. My questions are:
1) Shouldn't the letter have been sent certified mail? It was sent regular without even our apt. #, and it sounds like if it had gotten lost, he would have a warrant without even knowing about it. Can they do this?
2) Don't they have to give him the background information as to what they are accusing him of? He has no idea what they are talking about, which makes it very hard to defend himself.
3) If he had been driving, shouldn't he have been stopped at that time and given a ticket?
Would appreciate any input or advice anyone can give us.

Thanks!
 


L

lawrat

Guest
I am a law school graduate. What I offer is mere information, not to be construed as forming an attorney client relationship.

Every person has an absolute right to be told of the charges against him...sometimes that doesn't happen until the hearing/after arrest, etc.

Now, the letter being sent the way it did doesn't sound kosher to me.

Do this, contact the clerk of the court and ask him/her (without giving any hint as to who you are) what the proper procedure is for this type of notification. If it is wrong, then contact your local legal aid foundation and ask what can be done. They usually can help greatly in these types of matters because a lot of these attorneys know their way inside the hook ups with court personnel.

Hope this helps.
 

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