40509.5 Hold Explained

If you have a 40509.5 hold on your driver’s license due to a traffic ticket you received, you may be wondering exactly what a 40509.5 hold is.

Perhaps you found out about your 40509.5 hold when you tried to pay a traffic ticket, or when you got a call from GC Services.

VC 40509.5 is the code section that allows the traffic court to notify the DMV to put a hold on your driver’s license when you have failed to appear in traffic court. It is the court’s way of coercing you into dealing with your traffic ticket.

For a free consultation regarding the best way to clear your 40509.5 hold, you can contact me here:

Consequences of a 40509.5 Hold

A 40509.5 hold initially serves as a notification to the DMV. What will eventually happen, however, is that this driver’s license hold ripens into a suspended driver’s license.

Usually the DMV will mail you a notice instructing you to appear in court because a hold has been placed on your driver’s license, and if you do not appear in court, then the driver’s license hold will ripen into a driver’s license suspension.

You don’t want your driver’s license hold to become a suspension because once you have a suspension, it will go on your DMV record and can affect your insurance rates.

You will also have to pay an additional fee (usually $55) to the DMV to “reinstate” your license if your license has been suspended.

If your driver’s license becomes suspended and you get pulled over for another reason and the officer discovers your license is suspended, you may additionally get a traffic ticket for driving with a suspended license under Vehicle Code 14601.1.

Driving with a suspended license can be charged as an infraction OR as a misdemeanor, so what started out as a minor traffic ticket can soon become a much bigger problem.

As a traffic ticket attorney, I help my clients clear 40509.5 holds, get their license back, and fight charges in court pertaining to traffic tickets or driver’s license suspensions.

How to Handle a 40509.5 Hold

In order to clear up the 40509.5 hold, the traffic court needs to notify the DMV electronically that you’ve either paid your ticket or have calendared a court date and are handling it in court.

If your traffic ticket is in Los Angeles County, you’ll be dealing with a collections agency called GC Services, which is normally a whole fiasco in and of itself.

GC Services will lie to you tell you the only thing you can do is pay them to get your license back. That is completely untrue in many circumstances!

When you have a failure to appear in court, you are still entitled to another court date, even though GC Services may tell you that you are not!

It is better to handle a traffic ticket with a failure to appear charge in traffic court rather than to pay GC Services, because paying GC Services may result in:

  • the FTA charge showing up on your criminal background;
  • you paying extremely high fines, unnecessarily;
  • points going on your DMV record if the ticket is a moving violation; and
  • your license hold not being cleared by GC Services as it should’ve been.

As a traffic ticket attorney, I’ve been saving my clients money by handling their tickets in court for them so they don’t have t0 pay GC Services.

Getting Help With Your 40509.5 Hold

Although a traffic ticket is usually a minor issue, it can quickly become a much bigger problem. You may get several different answers from different people you speak to when seeking advice on how to get your driver’s license clear and/or to handle your traffic ticket.

The reason for this may be because, every county and courthouse deals with these a bit differently.

Further, there are many agencies involved that may each be giving you a different story:

  • the DMV
  • GC Services, the collections agency, and
  • the traffic court.

I can help you form a strategy to get yourself back on your feet. You can contact me (Attorney Paul Denni) for a free consultation here:

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