VC 14601(b) – Driving With a Restricted License
“Except in full compliance with the restriction, no person shall drive a motor vehicle at any time when that person’s driving privilege is restricted if the person so driving has knowledge of the restriction. 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 restriction.”
Overview of the Criminal Charge: Driving with a Restricted License under Section 14601(b)
California Vehicle Code Section 14601(b) addresses the offense of driving with a restricted license. This law penalizes individuals who operate a motor vehicle in violation of specific restrictions placed on their driving privileges. These restrictions are often the result of prior driving offenses, such as DUI, and are meant to allow limited driving privileges under certain conditions.
Elements of the Offense
To convict a defendant under Section 14601(b), the prosecution must prove the following elements beyond a reasonable doubt:
- Driving a Motor Vehicle: The defendant was operating a motor vehicle. This applies to any self-propelled vehicle, including cars, trucks, motorcycles, and scooters.
- Driving Privilege Restricted: The defendant’s driving privilege was subject to specific restrictions. Restrictions could include requirements such as:
- Only driving to and from work or school.
- Only driving during certain hours.
- Requirement to use an ignition interlock device (IID).
- Any other limitation imposed by the court or the Department of Motor Vehicles (DMV).
- Violation of Restriction: The defendant drove in a manner that violated the imposed restrictions. For example, driving outside of allowed hours or without the required IID.
- Knowledge of Restriction: The defendant had knowledge of the restriction. Knowledge can be established in two ways:
- Conclusive Presumption: If the DMV sent a notice of restriction to the defendant’s address, and it was not returned as undeliverable, knowledge is conclusively presumed.
- Other Means: The defendant was informed of the restriction by other means, such as being told by a police officer during a traffic stop, or through court notification.
Penalties for Violating Section 14601(b)
Driving with a restricted license in violation of the imposed conditions under Section 14601(b) is typically a misdemeanor offense in California. The penalties for a conviction can vary depending on the nature of the restriction violated and the defendant’s prior criminal history.
- First Offense:
- A fine ranging from $250 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 in violation of a restricted license.
- Additional Penalties:
- Vehicle Impoundment: Law enforcement may impound the vehicle for up to 30 days.
- Extended Restrictions: The DMV may extend the period during which the defendant’s driving privileges are restricted or impose additional restrictions.
Defenses to a 14601(b) Charge
Several defenses may be available to someone charged with driving in violation of a restricted license under Section 14601(b):
- Lack of Knowledge: The defendant was not aware that their driving privileges were restricted, or they were unaware of the specific restrictions. If the DMV did not properly notify the defendant, or if the notice was returned as undeliverable, this could be a viable defense.
- Compliance with Restrictions: The defendant was driving in full compliance with the imposed restrictions. For example, if the restriction allowed driving to and from work, and the defendant was driving within those parameters.
- 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.
- Invalid Restriction: The restriction on the defendant’s driving privileges was invalid due to administrative errors or other legal issues.
- 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(b) 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 in violation of a restricted license.
Practical Considerations
If charged under Section 14601(b), 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(b) imposes significant penalties on individuals who drive in violation of restrictions placed on their driving privileges. The law presumes that individuals are aware of their restrictions 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.