VC 14601.1 (a) No person shall drive a motor vehicle when his or her driving privilege is suspended or revoked… 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.
If you drive with a suspended driver’s license in California, a police officer can charge you with violating CA Vehicle Code VC 14601.1(a) – Driving With a Suspended License.
If you are pulled over on suspicion of driving under the influence (DUI), driving on a suspended license will complicate your legal situation. You can face more severe consequences if your license is suspended due to a prior DUI conviction.
You should seek legal representation right away to deal with any legal and personal consequences that can result from your situation. A Los Angeles DUI lawyer with our firm can review your situation and legal options. Call us today for a free consultation.
Legal Definition of CA Vehicle Code VC 14601.1 (a) – Driving With a Suspended License
Under California Vehicle Code § 14601.1(a), no one can drive a motor vehicle when their driving privileges have been suspended or revoked. This is especially true if the person knows their license has been taken away either temporarily or permanently. According to the law, authorities will assume affected drivers know their license status if California’s Department of Motor Vehicles (DMV) has mailed a notice to the driver’s address on record.
The law allows for some exceptions, but not many. You can get a restricted driver’s license, but you can only drive to and from certain designated activities (like work). Driving for other reasons is still illegal.
And, as long as you are abiding by the conditions of your probation, you may be able to drive certain vehicles at work on premises only—such as a forklift in a warehouse. Other work-related driving is illegal, even if not driving means losing your job.
How Does a License Get Suspended or Revoked in California?
In California, a driver’s license can be suspended or revoked for various reasons, ranging from driving-related offenses to certain non-driving-related activities. The process involves either administrative actions by the DMV or court orders stemming from criminal convictions.
Among the reasons people lose their licenses for a specific time or permanently include:
Driving Under the Influence (DUI) of Alcohol or Drugs
Driving under the influence (DUI) of mind- and mood-altering substances is among the primary reasons a driver’s license gets suspended or revoked in California. A DUI conviction, which can include situations involving drugs, can lead to automatic suspension. Habitual traffic offenders can face longer suspensions with subsequent offenses.
Too Many Points on a License
California uses the Negligent Operator Treatment System to monitor driving behaviors. Motorists with too many points risk losing their driving privileges. Drivers who get too many points within a certain period (e.g., four points in 12 months, six points in 24 months, or eight points in 36 months) risk losing their license. In California, a DUI is two license points.
Reckless Driving
Drivers with serious traffic violations, such as reckless driving, can lose their licenses.
Other reasons include drug-related convictions, having unresolved citations, failing to appear in court for traffic violations or paying fines, and driving without insurance, which can all lead to driving privileges being revoked.
DMV Must Notify Drivers About a Suspended License
The process for suspending or revoking a license typically involves notification from the DMV, an opportunity for the driver to contest the suspension at a DMV hearing, and possible further appeal processes. In cases related to criminal convictions, the court will notify the DMV, which then enforces the license suspension or revocation as mandated.
California drivers must respond promptly to DMV notices and court orders. They can also seek legal advice to understand their rights and options for contesting a suspension or revocation. Our criminal law attorney is ready to meet with you or a loved one now to discuss your legal options.
Driver’s License Suspensions and Prior DUI Offenses
It is against the law to drive if your driver’s license was suspended due to a prior DUI (driving under the influence). If this is your situation, it can benefit you to talk to a criminal defense attorney from our firm. c
Other statutes address driving on a suspended license in cases involving prior DUIs:
- Vehicle Code 14601.4 VC Driving on a Suspended or Revoked License and Causing Injury
- Vehicle Code 14601.5 Driving on a Suspended License for Refusal or High BAC
You can consult with a DUI lawyer about these laws as well. When we work on these cases, we consider several consequences and legal implications, particularly if law enforcement cites you for driving during the suspension period. This is also the case if you face additional DUI charges.
Duration and Terms of Suspension
For first-time DUI offenders, a first DUI conviction typically results in losing a California driver’s license for six months. However, conditions may vary based on the case specifics, such as your blood alcohol concentration (or blood alcohol content) (BAC) level at the time of arrest.
Multiple DUI offenders can face significantly longer suspension periods, ranging from one year to several years. Some cases result in permanent revocation, which is when an individual’s driving privileges are indefinitely terminated.
Penalties for Driving With a Suspended License in California
If you are cited for violating CA Vehicle Code VC 14601.1(a), it is a misdemeanor offense. However, your driving record and how the violation occurred will determine the consequences you face. The penalties also become stiffer for multiple offenses.
The typical penalties include:
- Monetary fines: The fines for a first offense under this statute typically range from $300 to $1,000. These fines can increase with later offenses or if the case involves aggravating factors.
- Incarceration: Potential jail time can range from five days to six months for first-time offenders. As with fines, jail sentences can run longer with repeat offenses or under specific aggravating circumstances.
- Court-ordered probation: The court may impose probation instead of or in addition to other penalties. This can include conditions such as not committing any further offenses, attending educational programs, or other court-mandated requirements.
- Alternative sentencing: Courts sometimes offer or require community service in lieu of or in addition to other penalties.
- Extended suspension or revocation: A driving on a suspended license conviction can lead to a longer suspension or even permanent license loss, depending on the circumstances and the individual’s driving history.
- Seizure of the driver’s vehicle: In some cases, especially those involving repeat offenses, authorities may impound the vehicle being driven at the time of the offense for up to 30 days.
- DMV points on the driver’s record: A conviction under VC 14601.1(a) will result in negligent operator points being added to the driver’s record, which can affect insurance premiums and lead to further DMV actions under the point system.
- Insurance consequences: A conviction for driving on a suspended license can significantly increase a driver’s car insurance premiums and put them in the high-risk driver category.
Penalties for DUI-Related Driver’s License Suspensions
Driving while your license is suspended or revoked due to a DUI conviction is a serious offense that is usually prosecuted under California Vehicle Code VC 14601.2. This carries harsher penalties than a suspension for non-DUI-related reasons.
These penalties include:
- Mandatory county jail time from 10 days to six months
- A maximum fine of $1,000
- Probation for three to five years
- A mandatory installation of an ignition interlock device (IID) upon the reinstatement of your license
Prosecutors Must Prove Your Driver’s License Was Suspended
To prove you violated VC 14601.1(a), the prosecutor must show you knew your license was suspended. If you weren’t given proper notification, the charge could potentially be dropped.
Our Los Angeles driving under the influence lawyer can help you fight the charge or negotiate an outcome that helps you avoid the harshest consequences in your situation.
Evidence the Prosecution Can Use to Determine License Suspension
When determining whether to suspend a driver’s license, particularly after a driving-related incident, the prosecution can review several types of evidence to determine which offenses led to the suspension.
One such consideration is the severity of the offense. Depending on the reasons behind the potential suspension, the process involves administrative and legal considerations.
Any of the following evidence is up for consideration in driving with a suspended license case:
- The police report: The prosecution can review police reports that document the details and circumstances of the incident involving the driver. This includes reports from traffic stops, accidents, DUI tests, and any arrests related to driving offenses.
- Blood alcohol content (BAC) levels: In cases of suspected DUI, the results of breathalyzer tests, blood tests, or urine tests that measure alcohol or drug levels in the system are crucial. These results are used to determine if the driver was over the legal limit while operating the vehicle.
- Driving record: Your prior driving record can be reviewed to identify any patterns of unsafe driving behavior or previous offenses. This includes past tickets, accidents, DUI convictions, and previous license suspensions or revocations.
- DMV documentation: Prosecutors can check with the DMV to get copies of notices the agency sent to the defendant to notify them that their license was under suspension or revocation. Documentation includes reminders, warning letters, and other notifications showing the driver received proper notice.
- Witness statements: Statements from witnesses who observed the incident can provide additional insights into the driver’s behavior and the specifics of the event, especially in accident cases.
- Video or photographic evidence: If there is video footage from traffic cameras, dashboard cameras (dashcams), or police body cams, it can help prosecutors establish what occurred.
- The driver’s account of the incident: The driver’s statements, whether given to police at the time of the incident or during legal proceedings held later, can help prosecutors understand their perspective and any defenses they might raise.
It is important that you understand how the prosecution can use evidence to prove you knew about the status of your license. With a lawyer’s help, you can challenge the accuracy or relevance of the evidence types listed. Call us today for a consultation.
Common Defenses in Suspended Driver Licenses Cases
While it is illegal to operate a vehicle when your driver’s license has been suspended or revoked, defendants charged with violating CA Vehicle Code VC 14601.1(a) can hire a criminal defense attorney to fight the charge.
We will look at your situation and develop a defense strategy that addresses the unique facts and circumstances of your case.
Common legal defenses in California suspended license cases include the following:
- Not knowing about the suspension: As noted earlier, the DMV must send a suspension notice to the driver’s last known address on record. If the notice was not sent, sent to the wrong address, or was otherwise improperly served, the driver might not be legally responsible for knowing about the suspension.
- Withdrawal of the suspension: If a suspension was officially withdrawn or ended and the defendant wasn’t notified about the change, they can challenge a suspended license charge. They must provide documentation showing the suspension was lifted before the incident is under review.
- Believing the driver’s license was valid: This might occur if the driver had reason to believe their license had been reinstated or that the period of suspension had ended, perhaps due to being misinformed or misled by an official source.
- The license was not suspended: Errors in the DMV’s records might show a license suspension that was not actually in effect. Showing the suspension was a result of a clerical error can be a valid defense.
- The temporary or restricted license was valid: If the DMV issued the driver a temporary or restricted license allowing them to drive under certain conditions (like to and from work or medical appointments), and they were complying with those conditions when stopped, this can serve as a defense.
- Driving out of necessity: In rare cases, driving on a suspended license might be justified if the driver can prove there was a need to drive that outweighed the legality of the suspension—such as in a medical emergency. This defense must show there was no viable alternative to driving at the time.
Our Los Angeles criminal law attorney can challenge the basis for a driver’s license suspension. If we can show the suspension is based on an improper or invalid basis, we can defend against any charge for driving under such a suspension.
How Our Criminal Defense Attorney Can Lead Your Case
You have a right to defend yourself against any charges you face. Hiring legal representation is a wise move, as criminal cases can be complex to handle alone. Our DUI attorneys in Los Angeles have decades of experience defending clients charged with driving on a suspended license, including those in DUI-related cases.
If you choose us to represent you, we will lead your case by verifying the accuracy of the DMV’s records to ensure your license suspension was legally justified. We will also examine whether the agency properly notified you in a timely manner and explore which legal defenses to use in your case.
Additionally, we can find holes in the prosecution’s legal case and challenge the evidence. We might be able to get the charges dismissed. If dismissal isn’t possible, we can negotiate with the prosecution for reduced charges or alternative sentencing to avoid the harshest penalties.
We Will Take Your DUI Suspended License Case to Trial
If we cannot settle your case with the prosecution, we are ready to go to trial. We will represent you in all court proceedings, present evidence that supports your position, cross-examine witnesses, and argue the case to protect your rights, all with the goal of achieving the best outcome for you.
Call Today About a Driving With a Suspended License Charge
If you are facing a driving on a suspended license charge in California under CA Vehicle Code VC 14601.1 (a), you should act quickly to hire representation to protect your rights and driving privileges. Our Los Angeles DUI lawyer is ready to talk with you during a free consultation.
We will navigate the complexities of the legal system and fight for you. Call or contact us online to get started.