California Vehicle Code § 14601 prohibits individuals from driving when they are aware that they have a suspended or revoked license. As a violation, it is considered as a misdemeanor that is potentially punishable by fines, jail time, and probation. The severity of the punishment depends upon the kind of defense that the individual would raise. Hiring a right Criminal Defense Lawyer Orange County will help you in lessening the severity of the punishment.
Of course, the reason why the driver’s license was suspended would impact the severity of the punishment.
There are a few things that the individual would need to be properly charged with this one and the most important of these things are in notice.
The driver must know that his license has been suspended and the evidence that must be shown by the prosecutor includes the fact that the DMV mailed the suspension, a peace officer informed the defendant that his license was suspended, and that he was convicted for a crime for which his license was suspended.
Driving on a Suspended License Statutes
Vehicle Code (“VC”) § 14601 have given different sections that cover driving on a suspended license.
General Prohibition (VC § 14601.1(a)) – This is the general prohibition and does not have any kind of specific requirement.
Reckless Drivers (VC § 14601(a)) – This section specifically prohibits knowingly driving on a license that was suspended for:
drug or alcohol abuse;
a disability that prevents you from driving safely; or
When the defendant was declared an incompetent or negligent driver.
DUI Convictions (VC § 14601.2(a)) – The mandatory minimum penalty for this one is a 10 day jail sentence for a first-time conviction and a mandatory minimum 30 day jail sentence for second and subsequent convictions.
Habitual Traffic Offenders (VC § 14601.3) – This one provides that the individual may be considered as a “Habitual Traffic Offender” if, during a 12-month period when the license is already suspended, you are convicted of any of the following driving offenses:
two or more serious crimes such as DUI and reckless driving;
three or more basic moving violations such as speeding; or
Three or more accidents causing injury and/or property damages of at least $750.
DMV DUI-Related Suspensions (VC § 14601.5(a)) – Prohibits knowingly driving on a license that was suspended by the DMV for:
refusing to submit to a DUI chemical test when arrested for DUI;
refusing to submit to a Preliminary Alcohol Screening (“PAS”) test while on probation for DUI;
driving with a blood alcohol content (“BAC”) of .01% or greater while on probation for DUI;
driving with a BAC of .08% or greater under Vehicle Code § 23152(b);
if you are under 21 years old, refusing to submit to a PAS test or driving with a BAC of .01% or greater; or
Driving a commercial vehicle with a BAC of .04% or greater.
Defenses for Driving on a Suspended License
The following are the defenses that the defendant can raise with Criminal Defense Lawyer Los Angeles.
He did not know that his license was suspended
The license was not fully suspended.
The police stop was unlawful.
There are other defenses that can be raised by the right lawyer if the individual would hire the right strategic Los Angeles Criminal Defense Lawyer to help with his case.