California Vehicle Code 14601 VC makes it a crime to drive when you know that your driver's license has been suspended or revoked.1
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Legal Help for Charges of Driving on a Suspended License. The fines and possible jail time that come with a conviction for driving on a suspended license are serious consequences. As a result, you may have difficulty keeping employment, staying in school, obtaining or retaining insurance, and generally living your life. If you are charged with Driving with a Suspended License in the state of Florida, you should take the charges very seriously, as you are facing a criminal offense. Much too often, Florida drivers who are charged with driving with a suspended license fail to realize how serious the consequences of a conviction for this offense really are.
You can be guilty of driving on a suspended license under VC 14601 if your license was suspended or revoked for any number of reasons, including:
Penalties
Driving on a suspended license under Vehicle Code 14601 VC is a California misdemeanor. The potential punishment includes a county jail sentence and substantial fines.5
However, the exact penalty for VC 14601 driving on a suspended license depends on why your license was suspended or revoked in the first place.
Legal defenses
Common legal defenses for fighting charges of driving on a suspended or revoked license include:
In order to help you understand the crime of Vehicle Code 14601 VC driving on a suspended or revoked driver's license, our Los Angeles criminal defense attorneys will address the following:
If, after reading this article, you have additional questions, we invite you to contact us.
1. What is the Legal Definition of Driving on a Suspended or Revoked License in California?
The legal definition of driving on a suspended or revoked license consists of the following two 'elements of the crime':
These are the only two facts that a prosecutor must prove in order for you to be criminally liable for a violation of California Vehicle Code 14601 VC and related laws (VC 14601.1, VC 14601.2 or VC 14601.5).
Since the first element is pretty straightforward, we'll focus on the second.
Proving 'knowledge' under California Vehicle Code 14601 VC
California driving on a suspended license law presumes that you had knowledge of your driver's license suspension or revocation if ALL of the following three things are true:
Example: Helen is a 70-year-old woman (hence an elderly driver) with a mental condition that her children fear will affect her ability to drive safely. Her children and doctor contact the DMV and arrange to have her driving privileges revoked.
The DMV sends a notice of the suspension to the address where Helen last registered her car. But she has moved. So the notice is returned to the DMV as undeliverable.
If Helen is arrested for driving with a revoked license, there will NOT be a presumption that she knew her license was revoked--because the DMV notice had been returned to the DMV.
In addition, under VC 14601 there will be a presumption that you knew your driving privileges were suspended or revoked if either of the following is true:
But note that--even if one of these things is true--that is not conclusive proof that you knew about the suspension or revocation for purposes of the driving with a suspended license law. Instead, this just creates a presumption that you had knowledge. If this presumption is created, the jury may conclude that you had knowledge--but they don't have to.
It is therefore up to you and your California criminal defense attorney to challenge that presumption in order to establish your innocence.10
Example: Let's return to the example of Helen, above. Let's say that the DMV notice that her license was revoked was sent to her old address--but the new residents just threw it away, and it was never returned to the DMV as undeliverable.
There will now be a presumption that Helen did know about her license being revoked.
But the presumption does not mean that Helen must be found guilty of VC 14601. Helen and her attorney can still point to the facts that she had moved and had not been receiving forwarded mail.
In this way, they may be able to show that she didn't actually know about the revocation and so is not guilty of driving on a suspended license.
For a more in-depth analysis of how these presumptions are actually applied, please visit our page on the 'knowledge' and 'notice' requirements for California Vehicle Code 14601 VC driving on a suspended license.
Reinstating your driving privilege after a suspension
For purposes of avoiding charges of driving with a suspended license, is important to understand that even after your suspension 'expires,' you are still not allowed to drive until you take affirmative steps to have your driving privilege reinstated. Intellistation drivers for mac.
This means that if, for example, you were given a one-year suspension--and then drove once that suspension expired--you could still be prosecuted for driving on a suspended license unless:
The specific steps and requirements for reinstating your license vary depending on the reason for the suspension.11
2. California Statutes on Driving with Privileges Suspended or Revoked
As we discussed above, having a suspended license in the first place is an element of the legal definition of driving on a suspended license offenses.
Generally speaking, the different California statutes on driving with a suspended/revoked license cover the different reasons why the defendant's license was suspended in the first place. As we discuss in Section 3 below, the penalties for driving with suspended privileges will depend on what these reasons are.
2.1. Vehicle Code 14601 VC - License Suspended / Revoked for Specific Offenses
California Vehicle Code 14601 VC forbids you from driving a car, motorcycle, or other vehicle when you know that the DMV has suspended or revoked your California driver's license due to any of the following:
Vehicle Code 14601 VC reads: '(a) No person shall drive a motor vehicle at any time when that person's driving privilege is suspended or revoked for reckless driving in violation of Section 23103, 23104 or 23015, any reason listed in subdivision (a) or (c) of Section 12806 authorizing the department to refuse to issue a license, negligent or incompetent operation of a motor vehicle as prescribed in subdivision (e) of Section 12809, or negligent operation as prescribed in Section 12810.5, if the person so driving has knowledge of the suspension or revocation. Knowledge shall be conclusively presumed if mailed notice has been given by the department to the person pursuant to Section 13106. The presumption established by this subdivision is a presumption affecting the burden of proof.'
Of the above reasons listed in VC 14601 for having your license suspended, the most common is probably reckless driving. This can include either a so-called California dry reckless or a California wet reckless--both of which are common charge reductions from a California DUI charge.
Example: Bill is arrested for DUI after a New Year's party. He has no prior criminal record and hires a good lawyer. With the lawyer's help, Bill has his DUI charge reduced to a California 'dry reckless' reckless driving charge--to which he pleads guilty. But unfortunately Bill's license is suspended in connection with his reckless driving plea. He drives anyway to get to his job. When he is pulled over for speeding, he is charged with driving on a suspended license under Vehicle Code 14601 VC. 2.2. Vehicle Code 14601.1 VC - License Revoked / Suspended for General Offenses
The next California 'driving with a suspended license' statute is Vehicle Code 14601.1 VC.
This one is the 'catch-all' law that makes it illegal for you to drive when you know that the DMV has suspended or revoked your license for any reason--even one that isn't mentioned in the other driving with a suspended license statutes.13
Vehicle Code 14601.1 VC reads: '(a) No person shall drive a motor vehicle when his or her driving privilege is suspended or revoked for any reason other than those listed in Section 14601, 14601.2, or 14601.5, if the person so driving has knowledge of the suspension or revocation. Knowledge shall be conclusively presumed if mailed notice has been given by the department to the person pursuant to Section 13106. The presumption established by this subdivision is a presumption affecting the burden of proof.'
2.3. Vehicle Code 14601.2 VC - License Revoked / Suspended for DUI
California Vehicle Code section 14601.2 VC punishes you for driving if you knew your license was revoked or suspended because of a DUI conviction. This is the most serious of the Vehicle Code 14601 violations.14
Vehicle Code 14601.2 VC reads: '(a) A person shall not drive a motor vehicle at any time when that person's driving privilege is suspended or revoked for a conviction of a violation of Section 23152 or 23153 if the person so driving has knowledge of the suspension or revocation.'
The crime of driving with a suspended/revoked privilege because of DUI covers all of https://writersnew942.weebly.com/blog/marantz-cd6005-owners-manual.
2.4. Vehicle Code 14601.3 VC - Habitual Traffic Offenders
You can be convicted of driving on a suspended/revoked license under California Vehicle Code 14601.3 VC--and declared a 'habitual traffic offender'--if
So, in other words, California Vehicle Code 14601.3 VC prohibits you not just from driving on a suspended or revoked license--but also from accumulating a history of driving problems while your driving privileges are suspended or revoked.
Vehicle Code 14601.3 VC reads: '(a) It is unlawful for a person whose driving privilege has been suspended or revoked to accumulate a driving record history which results from driving during the period of suspension or revocation. A person who violates this subdivision is designated an habitual traffic offender. For purposes of this section, a driving record history means any of the following, if the driving occurred during any period of suspension or revocation: (1) Two or more convictions within a 12-month period of an offense given a violation point count of two pursuant to Section 12810. (2) Three or more convictions within a 12-month period of an offense given a violation point count of one pursuant to Section 12810. (3) Three or more accidents within a 12-month period that are subject to the reporting requirements of Section 1600. (4) Any combination of convictions or accidents, as specified in paragraphs (1) to (3), inclusive, which results during any 12-month period in a violation point count of three or more pursuant to Section 12810.'
2.5. Vehicle Code 14601.5 VC - Driver's License Suspensions / Revocations for Chemical Test Refusals and Other DUI Offenses
California Vehicle Code 14601.5 VC makes it a crime to drive when you know your California driver's license has been suspended or revoked due to any of the following:
Penalty For Driving With Suspended License
Vehicle Code 14601.5 VC reads: '(a) A person shall not drive a motor vehicle at any time when that person's driving privilege is suspended or revoked pursuant to Section 13353, 13353.1, or 13353.2 and that person has knowledge of the suspension or revocation.'
3. What are the Penalties for Vehicle Code 14601 VC (Driving with a Suspended License) Offenses?Consequences Of Driving With A Suspended License
Driving with a suspended license in California is always a misdemeanor offense.20
This means that the potential consequences include a fine, time in county jail, or both--but NOT time served in California state prison.
However, the exact penalties, punishment, and sentencing for California driving with a suspended / revoked license vary depending on
Driving With A Suspended License Fine
The following chart summarizes the potential jail time and fines for first offenders under each of the California 'driving on a suspended license' statutes.
However, the penalties for second and subsequent Vehicle Code 14601 VC convictions within a five- to seven-year period will be more severe than those in the chart.31
Also note that, if you are convicted under Vehicle Code 14601.2 VC (driving on a suspended license for DUI), you may be required to install a California ignition interlock device (also known as an 'IID') on your car.32 An IID is a mini-breathalyzer instrument that prevents you from operating your car until you provide an alcohol-free breath sample.
4. How Can I Fight VC 14601 Charges?
There are a variety of legal defenses for fighting VC 14601 charges that a criminal defense attorney who specializes in driving offenses could argue on your behalf. Below is a sample of some of the most common defenses for fighting charges of driving with a suspended license.
Lack of Knowledge
In order to prove a California Vehicle Code violation for driving on a revoked or suspended license, the state must prove not just that your license was suspended--but also that you knew it was suspended.33
Therefore, Vehicle Code 14601 VC cases often revolve around the key fact of knowledge, for both prosecutors and defense attorneys.
Maybe your notice of the suspension / revocation was mailed--but the notice went to an old address or got lost. Maybe you were never actually told of your suspension by a judge or other law enforcement officer. These are the types of defenses that seasoned California criminal defense lawyers know how to assert.
You were driving on a 'restricted' California driver's license
'Restricted' driving privileges are sometimes available to those who present a 'critical need' to drive--even when their license has been suspended.34 If a restricted license is granted, you will be able to drive
If you were driving within the scope of your restricted California driver's license, that may be raised as a valid defense for fighting driving on a suspended license charges--and may lead to a dismissal of those charges.
Driving With A Suspended License In Illinois
However, this defense may only apply to California Vehicle Code 14601.2 VC (driving on a suspended license for DUI) and 14601.5 VC (driving on a suspended license for other offenses) charges.36
Your California driver's license suspension / revocation was invalid
It could be the case that your driver's license suspension or revocation was unlawful to begin with. There could have been errors in evidence from your previous convictions which led to your license being revoked or suspended.
When this is the case, you can fight to have your California Vehicle Code 14601 VC driving with a license suspension / revocation charges dismissed.
Plea bargains and dismissals
In practice, prosecutors are often willing to reduce California Vehicle Code 14601 driving on suspended license cases to either
And, as Burbank criminal and DUI defense attorney John Murray37 explains:
'In some cases prosecutors--who would prefer to save their time and resources for more serious offenses--may be willing to dismiss driving on a suspended/revoked privilege charges altogether. This is especially true if you have little or no criminal history and take steps to get your driver's license reinstated prior to the resolution of your case. Whenever I have a client charged with a 14601 VC violation, I always try to stay the proceedings long enough to allow my client to clear up the suspension or revocation so that we can favorably resolve the case.'
5. Driving on a Suspended / Revoked License and Related Offenses5.1. Vehicle Code 12500 VC Driving Without a License
Driving without a license under Vehicle Code 12500 VC is related to--but less serious than--the offense of driving with a suspended or revoked license under Vehicle Code 14601 VC.
To be charged under Vehicle Code 12500 VC, you just need to be caught driving a motor vehicle without a valid license. It does not matter whether you knew you were unlicensed.or why you lacked a license.38
Driving without a license in California may be charged as either a misdemeanor or an infraction, as the prosecutor chooses.39 If it is a first offense and you have a fairly clean driving record, odds are that it will be charged as (or ultimately reduced to) an infraction.
5.2. California DMV Hearings
An even better option than fighting criminal charges related to driving on a suspended or revoked license under VC 14601 is avoiding them altogether. This can be done by fighting the suspension or revocation of your license in the first place.
If you were recently notified by the DMV that it intends to suspend or revoke your license because of
Penalty For Driving With A Suspended License
it is worth your while to contact an attorney who has experience with California DMV hearings. That is because everyone is entitled to a hearing before the DMV before they can have their driving privileges taken away (and thus leave themselves open to violating California's driving on a suspended privilege law).
Driving With A Suspended License Fl
But you must act quickly. You only have ten days to request a hearing once the DMV notifies you about the suspension / revocation.
5.3. Vehicle Code 12951 VC Failure to Show a Driver's License
Under Vehicle Code 12951 VC, California's 'failure to display a license' law, another less serious offense than VC 14601, you can face criminal penalties if you have a valid driver's license but either:
Simply leaving your license at home and driving without it is a California infraction, and you can usually have this charge dismissed by showing that you did indeed have a valid license when you were arrested.41
However, refusing to show your license to an officer is a misdemeanor.42
Call Us for Help.
If you or a loved one is charged with Vehicle Code 14601 driving on a suspended license and you are looking to hire an attorney for representation, we invite you to contact us at Shouse Law Group. We can provide a free consultation in office or by phone. We have local offices in Los Angeles, the San Fernando Valley, Pasadena, Long Beach, Orange County, Ventura, San Bernardino, Rancho Cucamonga, Riverside, San Diego, Sacramento, Oakland, San Francisco, San Jose and throughout California.
For more information on the Nevada crime of driving on a suspended license, please see our page about the Nevada crime of driving on a suspended license.
¿Habla español? Visite nuestro sitio Web en español sobre el delito de conducir con licencia suspendida en California.
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