Vehicle Code 14601.2 specifically targets driving while your license is suspended or revoked because of a DUI. It is treated more harshly than driving on a license suspended for other reasons, and it carries mandatory minimum penalties.
What it carries
A first 14601.2 offense is a misdemeanor with a mandatory minimum jail term and a fine, and a second offense within five years carries a longer mandatory minimum. The statute also commonly requires an ignition interlock device. Because the penalties are mandatory, the charge is one prosecutors are often reluctant to dismiss outright.
What the prosecution must prove
The key element is knowledge: the prosecution must prove you knew your license was suspended. Proof of knowledge often rests on the DMV mailing notice to your address of record. If notice was never properly given, or the suspension was not actually in effect, the charge can fail. Whether you were in fact driving, and whether the stop was lawful, are also contestable.
Where to start
The mandatory penalties make this charge worth fighting on the knowledge element and the underlying stop. Get a free written case analysis below or call me directly. See also driving with a suspended license (VC 14601).