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In California, is your drivers license automatically suspended for an UNSERVED arrest warrant?
I'm speaking in the case of someone who was accused (via a police report filed by her complaining neighbor) , but the police apparently have chosen to put even the act of investigating it at the bottom of their list because of the smallness of it, and there may not even be an arrest warrant created as of yet. She (the person named in the police report as the offender) was already slated to move to another county in the same state (California) before the run-in with her neighbor took place. If the police obtain an arrest warrant but it remains UNSERVED, is this automatically reported to the DMV? Or does this apply only to people with "failure to appear" warrants?
I want to add a little more detail to clear up a question Kate had. "Unserved" means the police have obtained arrest warrant from the judge, but have yet to serve it to the accused, usually because if it's connected to a minor crime, it may never even be served due to the priority of more serious crimes committed by others.
4 Answers
- SupermanLv 61 decade agoFavorite Answer
In California, your drivers license is never automatically suspended because it is a vested right that cannot be taken away without due process. (See Cal. Const., art. I, § 7(a); Schuman v. California, 584 F.2d 868 (1978); Cal. Veh. Code § 13950.)
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Source(s): Actions That Result in Loss of License: http://www.dmv.ca.gov/pubs/hdbk/actions_vandalism_... http://www.dmv.ca.gov/pubs/hdbk/actions_aps_court.... http://www.dmv.ca.gov/pubs/hdbk/actions_drink.htm http://www.dmv.ca.gov/pubs/hdbk/actions_fr.htm - KateLv 41 decade ago
There are many reasons a CDL can be suspended, and failing to appear in court is one of them. Also, if a warrant for someone's arrest exists, it is only a matter of time before the police will find and arrest the person.
Not clear about an "unserved" warrant. Either the warrant exists or it does not.... in CA criminal matters. If the police have obtained the arrest warrant, the warrant is good.
Just go to the court and deal with the issue.
- ?Lv 44 years ago
in case you...um, I advise your "chum" replaced into pulled over for dashing in AZ, why are not you in reformatory? The warrants ensue in AZ. Why do you think of, I advise, um, your "chum' think of you may basically ignore approximately all that stuff and save on breaking the regulation and doing stuff as though there replaced into no difficulty. you're watching some good reformatory time. AZ will notify CA which you have been busted and in accordance with how many warrants there are for you, which it appears that evidently like lots, they are going to come for you and that i'm hoping this happens quickly. you're an irresponsible possibility and a manslaughter value waiting to ensue. I advise, uh, your "chum." wish this facilitates.
