Driving under a Suspended License
Driving When Privilege Suspended or Revoked:
Driving with a suspended license can be a much more serious offense than you might think, often
carrying minimum jail sentences and extensive fines. A conviction for this type of offense also
carries two points on your license.
A suspended license conviction is priorable, which essentially means that each additional
conviction will carry greatly increased penalties because of your prior record.
Vehicle Code § 14601 makes it a misdemeanor to drive with a suspended license in California.
This includes out-of-state drivers whose privilege to drive in California has been revoked. To
establish this offense, the district attorney must prove three elements:
1. The person drove a motor vehicle;
2. The person's driving privilege was suspended or revoked; and
3. The person knew his/her driving privilege had been suspended or revoked
The key element to focus on when defending a VC 14601 case is the "knowledge requirement."
The prosecution must prove beyond a reasonable doubt that the driver knew his license was
suspended. The prosecutor usually relies on DMV records to show that a notice of suspension
had been mailed to the driver prior to the date of arrest. But given the tendency of mail to get lost
or overlooked, jurors rarely find this evidence sufficient to meet the prosecutor's heavy burden in
a criminal case.
Penalties for Driving With a Suspended License in California
Driving on a suspended license is a misdemeanor offense and punishment may include probation,
jail time and substantial fines. Penalties will depend on (1) the reason the license was suspended
and (2) whether the defendant suffered prior convictions for driving with a suspended license.
Generally, penalties are higher if the license was suspended or revoked because of a DUI
conviction, a vehicular manslaughter conviction, or a finding that the driver is a habitual traffic
offender.
Vehicle Code Section 14601:
(a) 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 or 23104, any reason
listed in subdivision (a) or (c) of Section 12806 authorizing the department to refuse to issue a
license, negligent or incompetent operation of a motor vehicle as prescribed in subdivision (e) of
Section 12809, or negligent operation as prescribed in Section 12810.5 , 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. The
presumption established by this subdivision is a presumption affecting the burden of proof.
(b) Any person convicted under this section shall be punished as follows:
(b) Any person convicted under this section shall be punished as follows:
(1) Upon a first conviction, by imprisonment in a county jail for not less than five days or more
than six months and by a fine of not less than three hundred dollars ($300) or more than one
thousand dollars ($1,000).
(2) If the offense occurred within five years of a prior offense which resulted in a conviction of a
violation of this section or Section 14601.1, 14601.2, or 14601.5, by imprisonment in a county jail
for not less than 10 days or more than one year and by a fine of not less than five hundred dollars
($500) or more than two thousand dollars ($2,000).
(c) If the offense occurred within five years of a prior offense which resulted in a conviction of a
violation of this section or Section 14601.1, 14601.2, or 14601.5, and is granted probation, the
court shall impose as a condition of probation that the person be confined in a county jail for at
least 10 days.
(d) Nothing in this section prohibits a person from driving a motor vehicle, which is owned or
utilized by the person's employer, during the course of employment on private property which is
owned or utilized by the employer, except an offstreet parking facility as defined in subdivision
(d) of Section 12500.
(e) When the prosecution agrees to a plea of guilty or nolo contendere to a charge of a violation of
this section in satisfaction of, or as a substitute for, an original charge of a violation of Section
14601.2, and the court accepts that plea, except, in the interest of justice, when the court finds it
would be inappropriate, the court shall, pursuant to Section 23575, require the person convicted,
in addition to any other requirements, to install a certified ignition interlock device on any vehicle
that the person owns or operates for a period not to exceed three years.
(f) This section also applies to the operation of an off-highway motor vehicle on those lands to
which the Chappie-Z'berg Off-Highway Motor Vehicle Law of 1971 (Division 16.5 (commencing
with Section 38000)) applies as to off-highway motor vehicles, as described in Section 38001.
Call me at (408)876-7448 for legal guidance. I am available 24
hours a day.
Driving When Privilege Suspended or Revoked:
Driving with a suspended license can be a much more serious offense than you might think, often
carrying minimum jail sentences and extensive fines. A conviction for this type of offense also
carries two points on your license.
A suspended license conviction is priorable, which essentially means that each additional
conviction will carry greatly increased penalties because of your prior record.
Vehicle Code § 14601 makes it a misdemeanor to drive with a suspended license in California.
This includes out-of-state drivers whose privilege to drive in California has been revoked. To
establish this offense, the district attorney must prove three elements:
1. The person drove a motor vehicle;
2. The person's driving privilege was suspended or revoked; and
3. The person knew his/her driving privilege had been suspended or revoked
The key element to focus on when defending a VC 14601 case is the "knowledge requirement."
The prosecution must prove beyond a reasonable doubt that the driver knew his license was
suspended. The prosecutor usually relies on DMV records to show that a notice of suspension
had been mailed to the driver prior to the date of arrest. But given the tendency of mail to get lost
or overlooked, jurors rarely find this evidence sufficient to meet the prosecutor's heavy burden in
a criminal case.
Penalties for Driving With a Suspended License in California
Driving on a suspended license is a misdemeanor offense and punishment may include probation,
jail time and substantial fines. Penalties will depend on (1) the reason the license was suspended
and (2) whether the defendant suffered prior convictions for driving with a suspended license.
Generally, penalties are higher if the license was suspended or revoked because of a DUI
conviction, a vehicular manslaughter conviction, or a finding that the driver is a habitual traffic
offender.
Vehicle Code Section 14601:
(a) 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 or 23104, any reason
listed in subdivision (a) or (c) of Section 12806 authorizing the department to refuse to issue a
license, negligent or incompetent operation of a motor vehicle as prescribed in subdivision (e) of
Section 12809, or negligent operation as prescribed in Section 12810.5 , 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. The
presumption established by this subdivision is a presumption affecting the burden of proof.
(b) Any person convicted under this section shall be punished as follows:
(b) Any person convicted under this section shall be punished as follows:
(1) Upon a first conviction, by imprisonment in a county jail for not less than five days or more
than six months and by a fine of not less than three hundred dollars ($300) or more than one
thousand dollars ($1,000).
(2) If the offense occurred within five years of a prior offense which resulted in a conviction of a
violation of this section or Section 14601.1, 14601.2, or 14601.5, by imprisonment in a county jail
for not less than 10 days or more than one year and by a fine of not less than five hundred dollars
($500) or more than two thousand dollars ($2,000).
(c) If the offense occurred within five years of a prior offense which resulted in a conviction of a
violation of this section or Section 14601.1, 14601.2, or 14601.5, and is granted probation, the
court shall impose as a condition of probation that the person be confined in a county jail for at
least 10 days.
(d) Nothing in this section prohibits a person from driving a motor vehicle, which is owned or
utilized by the person's employer, during the course of employment on private property which is
owned or utilized by the employer, except an offstreet parking facility as defined in subdivision
(d) of Section 12500.
(e) When the prosecution agrees to a plea of guilty or nolo contendere to a charge of a violation of
this section in satisfaction of, or as a substitute for, an original charge of a violation of Section
14601.2, and the court accepts that plea, except, in the interest of justice, when the court finds it
would be inappropriate, the court shall, pursuant to Section 23575, require the person convicted,
in addition to any other requirements, to install a certified ignition interlock device on any vehicle
that the person owns or operates for a period not to exceed three years.
(f) This section also applies to the operation of an off-highway motor vehicle on those lands to
which the Chappie-Z'berg Off-Highway Motor Vehicle Law of 1971 (Division 16.5 (commencing
with Section 38000)) applies as to off-highway motor vehicles, as described in Section 38001.
Call me at (408)876-7448 for legal guidance. I am available 24
hours a day.
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Driving Under a Suspended License
| Emily Wang Attorney At Law Call for a FREE initial consultation (408)876-7448 |