DUI Lawyer | Joel Brand, Esq.

VC 14601(a) – Driving With a Suspended License

“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 23105, any conviction of a violation of Section 23152 or 23153, or for any reason other than those listed in Section 14601.1, 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, or if the person has otherwise been informed of the suspension or revocation.”

Overview of the Criminal Charge: Driving on a Suspended or Revoked License under Section 14601(a)

California Vehicle Code Section 14601(a) addresses the offense of driving with a suspended or revoked license. This law is designed to penalize individuals who knowingly operate a motor vehicle while their driving privileges are suspended or revoked due to serious traffic-related offenses, such as reckless driving or DUI (Driving Under the Influence).

Elements of the Offense

To secure a conviction under Section 14601(a), the prosecution must prove the following elements beyond a reasonable doubt:

  1. Driving a Motor Vehicle: The defendant was operating a motor vehicle. This applies to any self-propelled vehicle, including cars, trucks, motorcycles, and scooters.
  2. License Suspended or Revoked: The defendant’s driving privilege was suspended or revoked. The suspension or revocation must be due to specific reasons, such as:
    • Reckless driving under Sections 23103, 23104, or 23105.
    • DUI convictions under Sections 23152 or 23153.
    • Other reasons specified by law, but excluding those listed in Section 14601.1.
  3. Knowledge of Suspension or Revocation: The defendant had knowledge of the suspension or revocation. Knowledge can be established in two ways:
    • Conclusive Presumption: If the California Department of Motor Vehicles (DMV) sent a notice of suspension or revocation to the defendant’s address, and it was not returned as undeliverable, knowledge is conclusively presumed.
    • Other Means: The defendant was informed by other means, such as being told by a police officer during a traffic stop, or through court notification.

Penalties for Violating Section 14601(a)

Driving with a suspended or revoked license under Section 14601(a) is typically a misdemeanor offense in California. The penalties for a conviction can vary based on the underlying reason for the suspension or revocation, as well as the defendant’s criminal history.

  • First Offense:
    • A fine ranging from $300 to $1,000.
    • Imprisonment in county jail for a period ranging from five days to six months.
    • Probation, which may include conditions like attending traffic school, community service, or other court-ordered programs.
  • Subsequent Offenses:
    • Harsher penalties for repeat offenders, including longer jail time and higher fines.
    • The defendant may face additional penalties if they have prior convictions for driving on a suspended or revoked license.
  • Additional Penalties:
    • Vehicle Impoundment: Law enforcement may impound the vehicle for up to 30 days.
    • Extended Suspension: The DMV may further extend the suspension or revocation period.

Defenses to a 14601(a) Charge

Several defenses may be available to someone charged with driving on a suspended or revoked license under Section 14601(a):

  1. Lack of Knowledge: The defendant was not aware that their license was suspended or revoked. If the DMV did not properly notify the defendant, or if the notice was returned as undeliverable, this could be a viable defense.
  2. Invalid Suspension or Revocation: The suspension or revocation of the defendant’s license was invalid due to administrative errors or other legal issues.
  3. Necessity Defense: The defendant was driving under circumstances of necessity or emergency. For example, if the defendant was driving to avoid imminent danger or to seek medical attention, the court may consider this as a defense.
  4. Mistaken Identity: The defendant was not the person driving the vehicle at the time of the alleged offense, or they were wrongly identified as the driver.

Collateral Consequences

A conviction under Section 14601(a) can lead to several collateral consequences, including:

  • Insurance Rate Increase: A conviction may cause the defendant’s auto insurance rates to rise significantly, or result in the cancellation of their policy.
  • Employment Issues: If the defendant’s job involves driving, a conviction may jeopardize their employment or future job prospects.
  • Impact on Professional Licenses: Certain professional licenses, especially those that require driving as part of the job, may be affected by a conviction for driving with a suspended or revoked license.

Practical Considerations

If charged under Section 14601(a), it is essential to seek legal counsel to explore possible defenses and mitigation strategies. Depending on the circumstances, a skilled attorney may be able to negotiate with the prosecution to reduce the charge to a lesser offense, such as an infraction, or to seek alternatives to jail time, such as probation or community service.

Conclusion

California Vehicle Code Section 14601(a) imposes significant penalties on individuals who drive with a suspended or revoked license, especially when the suspension or revocation is due to serious offenses like reckless driving or DUI. The law presumes that individuals are aware of their suspension if they have been properly notified by the DMV, making it crucial for defendants to understand their rights and potential defenses. Given the potential legal and collateral consequences, those charged under this section should seek professional legal advice to navigate the complexities of their case and minimize the impact of a conviction.