Driving on Suspended License Defense
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BURBANK CRIMINAL DEFENSE
Local Law Office
2600 West Olive Avenue
Burbank California 91505
Toll Free 1-877-617-4485
2600 West Olive Avenue
Burbank California 91505
Toll Free 1-877-617-4485
California criminalizes the act of driving while a person's license has been suspended
by the Department of Motor Vehicles. A person charged with this offense needs the
assistance of a criminal defense Lawyer due to then fact the crime often carries a
jail sentence if convicted. Oftentimes an experienced local attorney can negotiate a
reduced offense, find a legal technicality that can result in a dismissal or convince
the Judge to allow a deferred disposition. A local lawyer can go to Court for the
client and resolve the case.
Driving on a Suspended License Statutes are found in Vehicle Code section 14601,
the pertinent text of the codes are set forth as follows:
§ 14601.1. Driving when privilege suspended or revoked
(a) No person shall drive a motor vehicle when his or her driving privilege is
suspended or revoked for any reason other than those listed in Section 14601,
14601.2, or 14601.5, 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:
(1) Upon a first conviction, by imprisonment in the county jail for not more
than six months or by a fine of not less than three hundred dollars ($300) or more
than one thousand dollars ($1,000), or by both that fine and imprisonment.
(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, 14601.2, or 14601.5,
by imprisonment in the county jail for not less than five 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) 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.
(d) 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.
(e) 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.
If the person's drivers license was suspened due to a DUI, a different Code section
applies, as follows:
§ 14601.2. Driving when privilege suspended or revoked for driving
under the influence
(a) No person shall drive a motor vehicle at any time when that person’s driving
privilege is suspended or revoked for a conviction of a violation of Section 23152 or
23153 if the person so driving has knowledge of the suspension or revocation.
(b) 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.
(c) Knowledge of suspension or revocation of the driving privilege shall be
conclusively presumed if mailed notice has been given by the department to the
person pursuant to Section 13106. Knowledge of restriction of the driving privilege
shall be presumed if notice has been given by the court to the person. The
presumption established by this subdivision is a presumption affecting the burden of
proof.
(d) A person convicted of a violation of this section shall be punished as follows:
(1) Upon a first conviction, by imprisonment in the county jail for not less than
10 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), unless the person has been
designated an habitual traffic offender under subdivision (b) of Section 23546,
subdivision (b) of Section 23550, or subdivision (d) of Section 23550.5, in which
case the person, in addition, shall be sentenced as provided in paragraph (3) of
subdivision (e) of Section 14601.3.
(2) If the offense occurred within five years of a prior offense that resulted in
a conviction of a violation of this section or Section 14601, 14601.1, or 14601.5, by
imprisonment in the county jail for not less than 30 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), unless the person has been designated an habitual traffic offender
under subdivision (b) of Section 23546, subdivision (b) of Section 23550, or
subdivision (d) of Section 23550.5, in which case the person, in addition, shall be
sentenced as provided in paragraph (3) of subdivision (e) of Section 14601.3.
(e) If a person is convicted of a first offense under this section and is granted
probation, the court shall impose as a condition of probation that the person be
confined in the county jail for at least 10 days.
(f) If the offense occurred within five years of a prior offense that resulted in a
conviction of a violation of this section or Section 14601, 14601.1, or 14601.5 and
is granted probation, the court shall impose as a condition of probation that the
person be confined in the county jail for at least 30 days.
(g) If a person is convicted of a second or subsequent offense that results in a
conviction of this section within seven years, but over five years, of a prior offense
that resulted in a conviction of a violation of this section or Section 14601, 14601.1,
or 14601.5 and is granted probation, the court shall impose as a condition of
probation that the person be confined in the county jail for at least 10 days.
(h) Pursuant to Section 23575, the court shall require a person convicted of a
violation of this section to install a certified ignition interlock device on a vehicle the
person owns or operates. Upon receipt of the abstract of a conviction under this
section, the department shall not reinstate the privilege to operate a motor vehicle
until the department receives proof of either the “Verification of Installation” form as
described in paragraph (2) of subdivision (g) of Section 13386 or the Judicial
Council Form I.D. 100.
(i) Nothing in this section prohibits a person who is participating in, or has
completed, an alcohol or drug rehabilitation program from driving a motor vehicle
that is owned or utilized by the person's employer, during the course of employment
on private property that is owned or utilized by the employer, except an offstreet
parking facility as defined in subdivision (c) of Section 12500.
(j) This section also applies to the operation of an off-highway motor vehicle on
those lands that 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.
If you or a loved one has been arrested for driving on a suspended license, call or
contact us for a free consultation regarding your options.
by the Department of Motor Vehicles. A person charged with this offense needs the
assistance of a criminal defense Lawyer due to then fact the crime often carries a
jail sentence if convicted. Oftentimes an experienced local attorney can negotiate a
reduced offense, find a legal technicality that can result in a dismissal or convince
the Judge to allow a deferred disposition. A local lawyer can go to Court for the
client and resolve the case.
Driving on a Suspended License Statutes are found in Vehicle Code section 14601,
the pertinent text of the codes are set forth as follows:
§ 14601.1. Driving when privilege suspended or revoked
(a) No person shall drive a motor vehicle when his or her driving privilege is
suspended or revoked for any reason other than those listed in Section 14601,
14601.2, or 14601.5, 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:
(1) Upon a first conviction, by imprisonment in the county jail for not more
than six months or by a fine of not less than three hundred dollars ($300) or more
than one thousand dollars ($1,000), or by both that fine and imprisonment.
(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, 14601.2, or 14601.5,
by imprisonment in the county jail for not less than five 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) 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.
(d) 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.
(e) 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.
If the person's drivers license was suspened due to a DUI, a different Code section
applies, as follows:
§ 14601.2. Driving when privilege suspended or revoked for driving
under the influence
(a) No person shall drive a motor vehicle at any time when that person’s driving
privilege is suspended or revoked for a conviction of a violation of Section 23152 or
23153 if the person so driving has knowledge of the suspension or revocation.
(b) 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.
(c) Knowledge of suspension or revocation of the driving privilege shall be
conclusively presumed if mailed notice has been given by the department to the
person pursuant to Section 13106. Knowledge of restriction of the driving privilege
shall be presumed if notice has been given by the court to the person. The
presumption established by this subdivision is a presumption affecting the burden of
proof.
(d) A person convicted of a violation of this section shall be punished as follows:
(1) Upon a first conviction, by imprisonment in the county jail for not less than
10 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), unless the person has been
designated an habitual traffic offender under subdivision (b) of Section 23546,
subdivision (b) of Section 23550, or subdivision (d) of Section 23550.5, in which
case the person, in addition, shall be sentenced as provided in paragraph (3) of
subdivision (e) of Section 14601.3.
(2) If the offense occurred within five years of a prior offense that resulted in
a conviction of a violation of this section or Section 14601, 14601.1, or 14601.5, by
imprisonment in the county jail for not less than 30 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), unless the person has been designated an habitual traffic offender
under subdivision (b) of Section 23546, subdivision (b) of Section 23550, or
subdivision (d) of Section 23550.5, in which case the person, in addition, shall be
sentenced as provided in paragraph (3) of subdivision (e) of Section 14601.3.
(e) If a person is convicted of a first offense under this section and is granted
probation, the court shall impose as a condition of probation that the person be
confined in the county jail for at least 10 days.
(f) If the offense occurred within five years of a prior offense that resulted in a
conviction of a violation of this section or Section 14601, 14601.1, or 14601.5 and
is granted probation, the court shall impose as a condition of probation that the
person be confined in the county jail for at least 30 days.
(g) If a person is convicted of a second or subsequent offense that results in a
conviction of this section within seven years, but over five years, of a prior offense
that resulted in a conviction of a violation of this section or Section 14601, 14601.1,
or 14601.5 and is granted probation, the court shall impose as a condition of
probation that the person be confined in the county jail for at least 10 days.
(h) Pursuant to Section 23575, the court shall require a person convicted of a
violation of this section to install a certified ignition interlock device on a vehicle the
person owns or operates. Upon receipt of the abstract of a conviction under this
section, the department shall not reinstate the privilege to operate a motor vehicle
until the department receives proof of either the “Verification of Installation” form as
described in paragraph (2) of subdivision (g) of Section 13386 or the Judicial
Council Form I.D. 100.
(i) Nothing in this section prohibits a person who is participating in, or has
completed, an alcohol or drug rehabilitation program from driving a motor vehicle
that is owned or utilized by the person's employer, during the course of employment
on private property that is owned or utilized by the employer, except an offstreet
parking facility as defined in subdivision (c) of Section 12500.
(j) This section also applies to the operation of an off-highway motor vehicle on
those lands that 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.
If you or a loved one has been arrested for driving on a suspended license, call or
contact us for a free consultation regarding your options.
- We can
appear for you
in Court.
- Avoid Jail
- Avoid Further
Suspension
- We can help
you get your
license back!
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Case Successes | Pasadena Criminal Defense Attorney | Links | Drug Possession Defense | DUI
Attorney | Sitemap | Local Burbank Lawyers | Glendale Defense Lawyer | Recent changes in California
Law | Spousal Abuse | Search Warrant | What does a Lawyer Cost | Violation of probation | Sex
Offense Registration Law | Consequences for Leaving the scene of an accident | Illegal Weapons
Possession | Assault and Battery | Marijuana Lawyer | The City of Burbank