Driving on a Suspended License-California Vehicle Code 14601

San Diego Criminal Defense Lawyer Explains California Laws Regarding Driving on a Suspended Driver’s License:

California Vehicle Code 14601, imposes criminal penalties for knowingly driving on a suspended or revoked license. There are many reasons why a person’s driver license could be suspended or revoked in California. The severity of the crime depends largely on the reason for the license suspension or revocation. However, all varieties of this crime can either be filed as misdemeanors or infractions. In other words, they are all punishable with jail time.

In addition, they are all “priorable”, which means that if you are convicted of the crime more than once, the prior convictions will be used against you to increase your sentence. These two consequences mean that you should not take these criminal offenses seriously.

Below we discuss the details of the following crimes:

  • Vehicle Code 14601(a)
  • Vehicle Code 14601.1(a)
  • Vehicle Code 14601.2(a)
  • Vehicle Code 14601.5(a)

Why Was My License Suspended or Revoked?

As mentioned above, there are many reasons why a judge or the DMV might suspend or revoke your license. Among those reasons are the following:

  • You suffered a DUI arrest or conviction
  • You have an outstanding warrant
  • You have a medical issue that may affect your driving
  • You have too many points on your driving record
  • You have child support arrearages that you have yet to pay off
  • You suffered a conviction for vandalism
  • You did not show proof of car insurance to the DMV
  • You suffered a drug conviction

California Vehicle Code 14601(a)

California Vehicle Code 14601(a) explains the law behind driving on a suspended license when your license was suspended for the following specific reasons:

  • Reckless driving[1]
  • Reckless driving causing bodily injury[2]
  • Reckless driving causing serious bodily injury[3]
  • Alcoholism or drug addiction[4]
  • Lapse of consciousness or any other physical or mental condition that prevents you from operating a vehicle safely[5]
  • The DMV determined you are a negligent or incompetent driver[6]

What is the sentence upon being convicted of VC § 14601(a)?

The sentence for a first time conviction of 14601(a) includes jail time of not less than 5 days nor more than 6 months and a fine of anywhere from $300-$1,000. For a second conviction within 5 years, the sentence goes up to a minimum of 10 days and a maximum of one year in jail. The fact that these crimes involve mandatory imprisonment in jail reflects how seriously the California legislature, the prosecutor, and the judge view these offenses. You are wise to retain counsel that can help you try to get your charges dropped or reduced.

California Vehicle Code 14601.1(a)

Vehicle Code 14601.1(a) is a catch-all provision that makes it a crime to drive on a suspended or revoked license when the reason for the suspension or revocation is not covered in 14601(a), 14601.2 or 14601.5. Just like under 14601(a), the prosecutors must prove that you knew of the suspension or revocation at the time of driving. The same presumption regarding mailed notice also applies.

What is the sentence on a Vehicle Code 14601.1(a)?

The maximum sentence for committing this crime is up to 6 months in jail and a fine of $300-$1,000. Usually, there will be no jail time imposed and judge will place you on probation for up to 3 years.

California Vehicle Code 14601.2(a)

Vehicle Code 14601.2(a) applies when you drove while your license was suspended or revoked due to a DUI conviction pursuant to Vehicle Code 23152 or 23153.

What sentence applies to Vehicle Code 14601.2(a)?

The maximum punishment you can receive upon being convicted of this crime is not less than 10 days nor more than 6 months in jail. This means that this crime involves a mandatory minimum sentence of 10 days in jail. The judge has no discretion with this and is required to sentence you to that. However, a skillful lawyer may be able to convince the judge to allow you to complete sentencing alternatives in lieu of actual jail time. Plus, the sentence will include a fine of at least $300 and no more than $1,000. A second conviction of 14601.2(a) within 5 years of the first conviction results in a mandatory minimum jail sentence of 30 days.

In addition to the jail time and the fine, the statue requires the judge impose on you another term of probation: you must install an ignition interlock device (IID) on your car. The only way to avoid this requirement (as well as the cost associated with it) is to prove to the judge that you have no car registered in your name. In order to do that, you must obtain a document from the DMV stating such.

California Vehicle Code 14601.5

Vehicle Code 14601.5(a) punishes the act of driving a motor vehicle when you know your license has been suspended, revoked or restricted for any of the following reasons:

Refusing to complete a chemical breath test, blood test or urine test when asked by a police officer after arrest

If you are under 21:

  • Refusing to take a preliminary alcohol screening (PAS) test
  • Driving with a blood alcohol concentration (BAC) of .01% or more[7]
  • Driving with a BAC of .01% or more while on probation for a DUI convictions[8]
  • Refusing to submit to a PAS test while on probation for a DUI conviction[9]
  • Driving with a BAC of .08% or more, as determined by the DMV, such as after an Administrative Per Se (APS) Hearing[10]
  • Driving a commercial vehicle with a BAC of .04% or more[11]

In some cases, such as after DUI or wet reckless conviction, you may have your suspended license turned into a restricted license. If you violate the terms of your restricted license, you can also be charged under VC 14601.5(b). The restricted license allows you to drive: 1) to and from the activities required in a driving-under-the-influence program, and 2) to and from and in the course of your employment.[12] The restricted license does not allow you to drive to the grocery store or to drop your kids off at school, drive to school yourself, etc. The restricted license lasts for 5 months.[13] Failure to participate in the DUI program after having your license restricted will result in the license suspension being re-imposed.[14]

What is the sentence for violating Vehicle Code 14601.5?

The sentence for this crime is up to 6 months in jail and a fine of $300-$1,000. For a second conviction within 5 years, the time of imprisonment in the county jail increases to a minimum of 10 days and a maximum of 1 year.[15]

How Do the Prosecutors Prove I Knew My License Was Suspended, Revoked or Restricted?

In all of the above circumstances, California law allows (but does not require) a jury to presume you knew about the suspension/revocation/restriction as long as the DMV can prove that it mailed a notice of its action to the address you have listed with the DMV and that the notice they mailed was not returned to the DMV as undeliverable or unclaimed.[16] Despite the presumption, the prosecutors must still have someone on the stand who can testify that the notice was mailed to your most recent address in the DMV records.

How Do I Fight My Case?

The presumption explained above about the mailed notice is the most common issue litigated in these types of cases. The presumption is rebuttable, meaning you still have the ability to prove that you did not get the notice in the mail. You may attempt to fight your case by proving that you were no longer at that address, that no one at that address forwarded the mail to you or told you about the notice, etc.

The idea is you want to prove that you had no knowledge of the suspension/revocation/restriction at the time of driving.

Can I Plea Bargain My Case?

Another way to get the charge dismissed is to plea bargain. Oftentimes a prosecutor will dismiss the charge in exchange for you pleading guilty to a lesser offense, such as Vehicle Code 12500. Other times you may have a goal of having the charge reduced to an infraction as opposed to a misdemeanor. An infraction is an offense that is not punishable with jail time. This can be especially helpful when seeking employment in the future.

If you have been charged with driving on a suspended license, you owe it to yourself to obtain the best legal representation possible. Hire a lawyer who knows the law and knows how to fight your case. Do everything you can to get your case dismissed. When you’re ready to hire a lawyer, we hope you call us at 619-792-1451 or send us an email.

[1] Vehicle Code § 23103

[2] Vehicle Code § 23104

[3] Vehicle Code § 23105

[4] Vehicle Code § 12806(a)

[5] Vehicle Code §12806(c)

[6] Vehicle Code §§ 12809(e) and 12810.5

[7] Vehicle Code § 23136(c)(3)

[8] Vehicle Code § 23154

[9] Vehicle Code § 23154(c)(3)

[10] Vehicle Code § 13353.2(a)(1)

[11] Vehicle Code § 13353.2(a)(3)

[12] Vehicle Code § 13353.7(a)

[13] Vehicle Code § 13353.7(a)(3)

[14] Vehicle Code § 13353.7(a)(4)

[15] Vehicle Code § 14601.5(d)

[16] Vehicle Code § 13106