Driving on a Suspended License
Driving on a suspended license is a violation of California Vehicle Code Section 14601 and is a misdemeanor offense in California. There are many reasons the DMV could suspend your driver’s license. They include, a DUI arrest or conviction, excessive blood alcohol, refusing to take a chemical test when requested to do so by a police officer, an outstanding warrant, too many points on your license due to traffic violations, failure to appear in at your court hearing, medical issues, failure to maintain car insurance, failure to pay child support, vandalism, possession of drugs or alcohol (only if you are a minor), failure to file a report with the DMV after an accident, failure to pay a civil judgment related to an automobile accident.
Most people do not realize that they can have their driver's license suspended or revoked by the DMV for numerous different reasons. In some cases, a person may not even know that his/her driver's license is suspended or revoked until it is too late and he/she has been arrested or cited for Driving with a Suspended License.
Burden of Proof and Defenses for Driving on a Suspended License in California
In any case involving driving with a suspended license, the prosecution must prove that you were driving a vehicle; that your license was suspended at the time; and that you knew it was suspended. The last element often proves attorneys with a successful defense for their clients since the prosecution must prove your knowledge of your suspended license beyond a reasonable doubt. Consequently, proof that that you did not get a notice of suspension or that you did not see it if it was mailed to you may result in a dismissal or reduction of the criminal charge.
Driving on a Suspended License Penalties
- California Vehicle Section 14601 (suspended due to a prior reckless driving conviction) Sentence: Minimum 5 days in county jail and a fine of $300 (plus penalty assessments); maximum 6 months county jail and a fine of $1,000.
- California Vehicle Section 14601.1 (Most common violation: It can be for anything from failing to appear to non-payment of child support) Sentence: No mandatory minimum jail sentence, minimum fine $300 plus penalty assessments. Maximum 6 months county jail and a fine of $1,000.
- California Vehicle Section 14601.2 (License suspended for prior DUI conviction) Sentence: Minimum 10 days county jail, $300 fine and the installation of an ignition interlock device on any car you own or have access to for up to three years. Maximum sentence for a conviction is 6 months in county jail, a thousand dollar fine and the ignition interlock device.
- California Vehicle Section 14601.3 (driving after suspension for being designated a “habitual traffic offender”) Sentence: minimum sentence is 30 days in jail and a fine of $1,000. A second conviction within 7 years has a minimum of 180 days in jail.
- California Vehicle Section 14601.5 (suspended for excessive blood alcohol level) Sentence: Up to 6 months in county jail (no mandatory minimum) and a fine of up to $1,000 (minimum fine is $300).
Los Angeles Driving on a Suspended License Attorneys
A Driving with a Suspended License charge can be a very stressful ordeal, and even more alarming are the potential consequences of being caught driving on a suspended driver's license, which could lead to a criminal conviction. That is why you should consult with a Los Angeles Driving with a Suspended License Attorney from The Chahine Law Firm before attempting to handle these types of matters on your own.
