DUI Lawyer | Joel Brand, Esq.

Driving While License Suspended or Revoked

Driving while your license is suspended or revoked is a serious offense in California, carrying significant legal consequences. Understanding the specifics of this charge, the associated penalties, and potential defenses is crucial for anyone facing such an accusation. This article will provide a detailed examination of the offense of driving while license suspended or revoked in California, with references to relevant legal statutes and case law.

Legal Framework

In California, the offense of driving while your license is suspended or revoked is governed primarily by Vehicle Code Section 14601. This statute encompasses various subsections that specify different circumstances and reasons for the suspension or revocation, each carrying its own set of penalties.

Vehicle Code Section 14601

Vehicle Code Section 14601 makes it illegal to drive a motor vehicle when you know your driving privilege has been suspended or revoked. Knowledge of the suspension or revocation is a critical element that the prosecution must prove.

Vehicle Code Section 14601.1

Vehicle Code Section 14601.1 addresses general driving while suspended or revoked, regardless of the reason for the suspension or revocation.

Vehicle Code Section 14601.2

Vehicle Code Section 14601.2 specifically deals with driving on a license suspended or revoked due to DUI (Driving Under the Influence) convictions. This section carries more severe penalties due to the inherent risk of DUI offenses.

Vehicle Code Section 14601.5

Vehicle Code Section 14601.5 covers suspensions or revocations for refusing a chemical test or for driving with a blood alcohol content (BAC) of 0.08% or more.

Penalties

The penalties for driving with a suspended or revoked license in California can vary widely depending on the underlying reason for the suspension or revocation and whether it is a repeat offense.

First Offense

  • Vehicle Code 14601.1: Up to 6 months in county jail and a fine ranging from $300 to $1,000.
  • Vehicle Code 14601.2: A minimum of 10 days to a maximum of 6 months in county jail and a fine between $300 and $1,000. There is also a mandatory ignition interlock device (IID) installation for up to three years.
  • Vehicle Code 14601.5: Up to 6 months in county jail and a fine ranging from $300 to $1,000.

Subsequent Offenses

  • Vehicle Code 14601.1: Up to one year in county jail and a fine between $500 and $2,000.
  • Vehicle Code 14601.2: A minimum of 30 days to a maximum of one year in county jail and a fine between $500 and $2,000. Mandatory IID installation remains applicable.
  • Vehicle Code 14601.5: Up to one year in county jail and a fine ranging from $500 to $2,000.

Additional Consequences

  • Probation: Courts may impose probation, which can include conditions such as attending DUI school or other educational programs.
  • Extended Suspension: The period of suspension or revocation can be extended, making it longer before the defendant can apply for reinstatement of their driving privileges.
  • Vehicle Impoundment: Law enforcement may impound the vehicle driven at the time of the offense for up to 30 days.

Defenses

Defending against a charge of driving while your license is suspended or revoked requires a nuanced understanding of the law and the specific facts of the case. Common defenses include:

Lack of Knowledge

One of the key elements the prosecution must prove is that the defendant knew their license was suspended or revoked. If the defendant can show they did not receive proper notice of the suspension or revocation, this can be a strong defense.

Mistaken Identity

In some cases, the defendant might argue that they were not the person driving the vehicle at the time of the offense. This defense can be supported by alibi witnesses or other evidence.

Invalid Suspension or Revocation

If the underlying suspension or revocation was not valid (e.g., due to administrative error or lack of due process), the charge of driving while suspended or revoked may be dismissed.

Necessity

In rare cases, the defense of necessity can be used if the defendant can show that they had to drive due to an emergency situation.

Importance of Legal Representation

Given the serious consequences of driving while license suspended or revoked, securing experienced legal representation is crucial. A skilled attorney can provide the following benefits:

Legal Expertise

An attorney specializing in traffic and criminal law will have the expertise to navigate the complexities of your case, from understanding the nuances of the relevant statutes to challenging procedural errors by law enforcement.

Evidence Review

A thorough review of the evidence, including the notice of suspension, any communications from the DMV, and witness statements, can reveal inconsistencies or errors that can be used to build a strong defense.

Negotiation Skills

An experienced attorney can negotiate with the prosecution for reduced charges or penalties, potentially avoiding jail time or reducing fines.

Court Representation

If your case goes to trial, having a knowledgeable attorney represent you in court can significantly increase your chances of a favorable outcome. They can effectively cross-examine witnesses, present compelling evidence, and argue on your behalf.

Conclusion

Driving while your license is suspended or revoked in California is a serious offense with significant legal ramifications. Understanding the elements of the charge, the potential penalties, and the defenses available is crucial for anyone facing this accusation. Securing experienced legal representation can make a substantial difference in the outcome of your case, ensuring that your rights are protected and providing the best chance for a favorable resolution.

Citations

  1. California Vehicle Code Section 14601
  2. California Vehicle Code Section 14601.1
  3. California Vehicle Code Section 14601.2
  4. California Vehicle Code Section 14601.5
  5. People v. Gerber, 196 Cal.App.3d 678 (1987)
  6. California Department of Motor Vehicles (DMV) – Licensing Operations