Driving on a Suspended License, Serna Motion, Westminster

In April 2018, our client, then age 30, was driving on the 22 Freeway through Westminster when he was pulled over by the CHP.  Our client allegedly drove his car while his driver’s license was suspended following a conviction for DUI and unlawfully drove his car in a High Occupancy Vehicle (HOV) lane.  

Our client was cited and released by the CHP after signing a promise to appear in court in about two months.  He asked for a copy of the ticket, but was told by the CHP, who issued the ticket, that he would receive a letter in the mail instructing him on what to do.

About a month later, the Orange County District Attorney’s office filed a criminal complaint against our client at the West Justice Center, also known as the Westminster courthouse.  The case was set for an arraignment in June 2018.

Because our client never received a letter from the CHP, as the CHP officer promised, our client did not appear.  He did not know when to appear or where to appear.  Since our client was not present in court for his arraignment, the judge issued a bench warrant.

Five and a half years later, Our client never received any notice to appear from the California Highway Patrol, the Orange County District Attorney’s office or anyone else.

He was not aware that there was a criminal case filed against him until December 6, 2023 when his employer advised him of the outstanding bench warrant.  He then called Greg Hill & Associates and spoke with Greg Hill about the ticket.  

Our client has since then renewed his license and it was no longer suspended.

The client explained what had happened and Greg explained that the delay in being brought to court was a big issue under the Sixth Amendment to the U.S. Constitution, which guarantees the right to a speedy trial.  Greg explained how under California law in Serna v. Superior Court (1985) 40 Cal. 3d 239, 707 P. 2d 793, 219 Cal. Rptr. 420 and under federal law in Barker v. Wingo (1972) 407 U.S. 514 that he could – and should – ask the judge to dismiss the case for the delay in prosecution.  Greg then explained how a “Serna motion” would be filed if the client retained our office and, if granted, the case would be dismissed.  The client then retained our office.

Greg first appeared in the Westminster Court and had the bench warrant for the client recalled.  Greg then explained to the judge that our office intended to file a Serna motion. 

Our office then filed a Serna motion and the motion was set for a hearing about two months later.  

The Orange County District Attorney’s Office opposed the motion to dismiss, claiming that since our client did sign the promise to appear, he should have reached out to the Orange County Superior Court to follow up on finding out when his court appearance date.  The opposition also claimed that the CHP did mail our client a letter advising him of the arraignment date, but the opposition could not produce the letter to show this was true.

On the date of the hearing on the motion, Greg realized that while the nearly six year delay in prosecution was very good for our client’s motion, it was bad that our client had signed a promise to appear and then not appeared.  Moreover, it was very unusual for the CHP not to give a motorist a copy of the ticket after one signed a promise to appear.  

In other words, our client’s credibility was at issue by claiming the CHP told him a letter would be sent and that he therefore refused to provide the ticket at our client’s request.  Lastly, the matter dealt with driving on a suspended license that was suspended due to a DUI conviction and our client faced ten days minimum in county jail for this violation.

Greg therefore asked the young Orange County District Attorney if his office had an offer to resolve the case short of the motion being heard.

The young prosecutor agreed that he would dismiss the case in six months if your client attended an online driving course and gave a DNA sample at the Westminster courthouse.

Greg called the client and told him what the offer was.  The client agreed to this, thankful to avoid the risk of losing the motion and then facing ten days minimum in the Orange County jail.

We present this summary to exemplify why filing a motion is important to do, even if it is ultimately withdrawn (as here), as it can lead to a resolution that avoids the harsh reality of the case the client would otherwise face.