14601 Suspended License
Driving on a Suspended License in California
Driving on a suspended license is a crime in California. For many Americans, a charge of driving on a suspended license might be resolved in the local traffic courts. But in California, driving on a suspended license can be prosecuted as a misdemeanor, which can trigger lots of expensive and sometimes unexpected penalties.
Complicating matters even further is the fact that there are different types of “driving on suspended license” charges, depending on how or why your license was suspended in the first place. Even more troubling, you might face a mandatory jail sentence as part of a penalty for driving under a suspended license in California.
If you are facing a charge for driving on a suspended license, it is important to understand what version of that offense you might be charged with, what penalties you might face, and how you can minimize those penalties or beat the charges against you completely!
How can I be convicted of driving under a suspended license in California?
California Vehicle Code Sections 14601, 14601.1, 14601.2, and 14601.5 all show us what the prosecution has to prove in order for you to be found guilty of driving with a suspended license. For any charge of driving under a suspended license in California under these sections, the prosecution must prove, beyond a reasonable doubt, that:
You were driving
While your license was suspended (or revoked) AND
That you knew your license was suspended or revoked at the time
As mentioned above, the Vehicle Code establishes a few different versions of the “driving on suspended license” charge, each of which applies to a different type of scenario based on how or why your license was suspended in the first place.
California Vehicle Code Section 14601 applies where you are caught driving while your license was suspended or revoked
- Based on a conviction for a reckless driving offense
- Based on a determination that you are a “negligent operator” OR
- Based on a determination that you are refused a license based on chronic alcoholism, that you suffer from lapses of consciousness, or that you have a mental or physical disability such that you cannot safely operate a vehicle.
A person might have their license suspended or revoked as a “negligent operator” if they are convicted of certain other traffic offenses in a short period of time. Certain traffic offenses like speeding or disregarding a red light are considered “moving” violations and they cause the DMV to count “points” on your driving record. At-fault accidents will also usually result in “points” being added to your record. What this means is that, under Vehicle Code Section 14601, a person could face misdemeanor charges for driving on a suspended license, in part because of a recent history of minor, non-criminal traffic violations. A conviction for driving under a suspended license will itself cause the DMV to record negligent operator “points” on your abstract, as well.
California Vehicle Code Section 14601.2 applies where you are caught driving while your license is suspended based on a conviction for DUI (Vehicle Code Section 23152) or DUI Causing Injury (Vehicle Code Section 23153).
California Vehicle Code Section 14601.5 applies where you are caught driving while your license is suspended based on certain actions by the DMV, including:
- Where the DMV suspends your license for refusing to submit to a chemical test during a DUI investigation
- Where the DMV suspends your license because you were found driving with too high of a Blood Alcohol Content (“B.A.C.”)
- Where the DMV learns that you were driving with more than 0.01% of alcohol in your system while you are also on probation for a DUI conviction with the criminal courts.
A person could suffer a license suspension at similar time periods and for different reasons. This happens often in DUI cases. As a result, sometimes more than one type of “driving while suspended” charge could apply in a given case.
EXAMPLE: John is arrested for DUI. Testing at the time showed that his B.A.C. was approximately 0.15. Months later, he is convicted of DUI. The DUI conviction itself causes his license to be suspended. Also, the DMV determines that his license should be suspended because his B.A.C. was above 0.08 at the time of driving. If John is caught driving soon after, he is probably in violation of both Vehicle Code Section 14601.2 and Vehicle Code Section 14601.5, because his license has been suspended BOTH because of a DUI conviction (14601.2) AND because of other “departmental action” by the DMV (14601.5).
At the same time, there are some scenarios where it looks like one type of “driving while suspended” charge applies, but in fact, a different version is proper.
EXAMPLE: Steve is arrested for DUI and tests show that his B.A.C. was approximately 0.15 at the time of driving. Steve’s attorney reviews the case and confers with the prosecutor about some legal problems in how Steve was initially detained. Steve’s lawyer discusses these issues with the prosecutor and negotiates a “wet reckless” plea bargain on Steve’s behalf, which he accepts. Later, the DMV determines that Steve’s license should still be suspended because of his B.A.C. at the time of driving. If Steve is caught driving during this period, he is ONLY in violation of Vehicle Code Section 14601.5, because his suspension was based on DMV action only. Although some might say in common parlance that Steve’s license was suspended “for DUI” or “because of DUI”, Steve was only convicted of “wet reckless”, which is a different vehicle code section than DUI. As such, his conviction in criminal court did not itself cause any action at the DMV. As a result, the rules of Vehicle Code Section 14601.2 do NOT apply to Steve’s case.
As we shall see below, these differences could greatly affect the potential penalties for the type of “driving on suspended license charge” that you might be facing.
If you are caught driving while your license is suspended or revoked for any other reason, you can expect a charge under Vehicle Code Section 14601.1. This might happen when your license is suspended by the DMV if you are delinquent on traffic tickets. When you receive a traffic ticket, you are usually given a court date for your citation or, in the alternative, a deadline for you to respond and pay the fine or ask for a court date. In any event, if you fail to take any required action within a certain deadline, then the traffic courts may notify the DMV of your lateness, and the DMV would then place a “hold” on your license for “failing to appear” in response to your original ticket. Such “holds” can often be resolved easily by contacting the courts, but as long as the hold remains in effect, your license is still “suspended” for the purposes of the Vehicle Code, and you could face misdemeanor charges for driving while it is suspended. In that scenario, Vehicle Code Section 14601.1 would apply.
What are the defenses to driving under a suspended license?
Fortunately, there are some defenses available on a “driving while suspended” charge.
This sounds obvious, but remember that the prosecution has to prove each element beyond a reasonable doubt, including the element of “driving a vehicle.” In many cases, this element is easily proven because a charge of “driving while suspended” arises from a “routine traffic stop”, and it seems largely uncontroverted that the defendant arrested was, in fact, driving a vehicle at the time. In other cases, however, the evidence does not so clearly establish the defendant’s identity as the driver.
Consider for example a case where police respond to a 911 call about a car accident, and find the car in question abandoned. Based some conversations with bystanders, the police eventually locate the defendant and a friend nearby, and determine that both persons were previously in the car at the time of accident. The car is registered to the defendant, whose license is suspended due to a prior DUI. The police might then assume that the defendant was driving and thus might have violated VC 14601.2. However, in this case the defense might be able to show that the defendant’s friend was, in fact, driving the car in question at the time, or at least that there is reasonable doubt as to who the driver actually was.
The laws against driving with a suspended license specifically carve out an exception for drivers who are in a drug rehab program and are only driving a car for certain work-related purposes. Where the defendant’s license is suspended from a prior DUI, and they drive a vehicle, but the vehicle is owned by an employer and the defendant is only driving it on the employer’s private property, and the defendant was operating the vehicle as part of their job. However, where the defendant so operates a vehicle on an “off street parking facility” (like a parking lot), then this defense will not apply.
If a person’s license is suspended for a prior DUI conviction and they are facing charges under Vehicle Code Section 14601.2, this exception for work-related driving applies ONLY if the driver is enrolled in or has completed an alcohol or drug rehabilitation program.
As mentioned above, the prosecution has to prove each element of a “driving while suspended” charge beyond a reasonable doubt, and this includes the defendant’s knowledge of their license suspension. So, if the jury has any reasonable doubt as to whether the defendant “knew” their license was suspended, then this should result in a “not guilty” verdict even if the defendant did, in fact, drive a vehicle with a suspended license
The reason why is that Vehicle Code Sections 14601. 14601.1, 14601.2, and 14601.5 make it easier for the prosecution to show that you “knew” about your license suspension. According to the statutes, knowledge of the license suspension is “conclusively presumed” when the DMV sends notice to the defendant of the license suspension or when the defendant was present in court to learn of their license suspension. This means that, even in a case where the defendant initially learns of their license suspension, but then honestly forgets about the fact after a passage of time while their license is still suspended, the court will still “presume” that they, in fact, knew about the suspension anyway. A jury does not necessarily have to rule against you on this ground, but it will probably be an uphill battle to convince them. The judge will likely instruct the jury that it should “conclusively presume”-that is, consider the issue settled-that you knew of your license suspension so long as notice was communicated to you in a certain way.
The “lack of knowledge” defense is most applicable when some technical irregularity occurs such that notice is not given to the defendant about the license suspension. Your lawyer should investigate this issue if you are charged with “driving while suspended.”
While not strictly speaking a “defense” to a “driving while suspended” charge, a dismissal could occur where there are some legal issues in how the police conducted their investigation. The Fourth Amendment to the U.S. Constitution provides all of us with a right against unreasonable searches and seizures. This controls all sorts of interactions with law enforcement, including vehicle stops. A vehicle stop is only reasonable when the officer has “reasonable suspicion” of criminal activity or if they have “probable cause” that you committed a crime or that evidence of a crime would be found inside of your car. If the police stop or arrest you without a proper legal basis, then the evidence that they obtain-including their observations or your statements-can be ordered “suppressed” or “thrown out.” When this happens, the Prosecutor might have no choice but to dismiss the charges against you.
What are the potential penalties for driving under a suspended license in California?
The potential penalties for driving on a suspended license will depend on which “version” of that charge that you are facing. Probation is always a possibility, and usually does occur in cases where people are facing misdemeanor charges for “driving while suspended.” Still, there might be a mandatory jail sentence involved. The punishment for “driving while suspended” will depend on why your license was suspended in the first place and whether you have any prior convictions for driving with a suspended license.
As a FIRST offense, a violation of VC 14601 carries a mandatory 5 day jail sentence and a fine of at least $300. The maximum penalty is 6 months in jail and $1000 in fines.
If you have a prior conviction for driving with a suspended license within the past five years, there is a minimum of 10 days in jail that you must serve and a minimum fine of $500. The maximum jail term is 1 year and the maximum fine is $2000.
As a FIRST offense, a violation of VC 14601.2 carries a mandatory 10 day jail sentence and a fine of at least $300. The maximum penalty is 6 months in jail and $1000 in fines.
If you have a prior conviction for driving with a suspended license within the past five years, there is a minimum of 30 days in jail and a minimum fine of $500. The maximum penalty is 1 year in jail and $2000 in fines.
As a FIRST offense, a violation of VC 14601.5 carries no mandatory minimum jail time, but there is a $300 minimum fine. There is also a 6 month maximum possible jail sentence.
If you have a prior conviction for driving with a suspended license within the past five years, then there is a 10 day minimum jail sentence and a minimum fine of $500. There is also a maximum jail sentence of 1 year and a fine of $2000.
As a FIRST offense, a violation of VC 14601.1 has no mandatory minimum jail sentence. However, there is a minimum $300 fine. The maximum penalty is 6 months in jail and $1000 in fines.
If you have a prior conviction for driving with a suspended license within the past five years, then there is a 5 day mandatory minimum jail sentence and a $500 fine. There is also a maximum sentence of 1 year in jail.
If you are facing charges of “driving while suspended” in California, you might be required to install an ignition interlock device (“IID”) as a result of your conviction. An IID is a device that attaches to your car and prevents it from starting unless you provide an alcohol-free breath sample. They can be costly to install and maintain, and can also be a source of embarrassment. If you are convicted of driving while your license is suspended for a prior DUI under Vehicle Code Section 14601.2, you will be required to install an IID for in your car for up to three (3) years and the DMV will not restore any driving privileges for you unless and until you install one.
If you are charged with 14601.2 and the District Attorney agrees to a plea bargain under a different section-VC 14601, VC 14601.1, or 14601.5, the Court must still order an IID installed unless it finds that it is “in the interests of justice” to not do so.
As you can see, “driving while suspended” is a charge that tends to get more serious based on how many times the defendant committed it in the past. This is why judges and lawyers often say that a “driving while suspended” conviction is “prior-able”; your penalty for your current case will depend on whether you have any prior convictions within a certain period of time.
You should note, however, that a prior conviction for one type of “driving while suspended” charge will trigger enhanced penalties for all other types of the offense.
EXAMPLE: Bob’s license is suspended for a DUI conviction but he continues to drive anyway. When he gets caught, Bob is charged with violating VC 14601.2 (driving while license suspended for prior DUI). Bob is found guilty of this offense. Two (2) years later, Bob gets his license back, but then it becomes suspended again when he gets a traffic ticket and fails to respond on time. Bob is caught driving again during this new suspension period and he is charged with violating VC 14601.1. Because Bob was previously convicted of violating VC 14601.2 within the past five years, Bob is now facing “second offender” penalties under VC 14601.1 (at least 5 days jail and $500 fine), even though this is only the first time that he is charged specifically with VC 14601.1.
Can my charge of driving while suspended be reduced?
It depends. Sometimes the prosecutor might agree to reduce your charges to an “infraction”, which is the lowest level of offense type in California. There is no probation or jail time associated with an infraction charge-only fines. However, a conviction for “driving while suspended” will still trigger two (2) negligent operator “points” on your DMV record, even as an infraction. This can make your insurance costs more expensive and, depending on whether you have recently been convicted of any moving violations, it may also trigger a brand new license suspension altogether. Still, an infraction outcome is usually preferable to a misdemeanor.
Sometimes the prosecutor may also consider reducing your charges to a violation of Vehicle Code Section 12500, or driving without a license. This code section applies to people who simply drive unlicensed without necessarily having their license revoked or suspended. As such, it is considered a less serious crime and comes with no mandatory jail time or DMV “points”, even as a misdemeanor. A charge of vehicle code section 12500 can also be reduced to an infraction.
I never had a license to begin with. Can I still be charged with “driving while suspended?”
Unfortunately, the answer is yes. Sometimes people pick up negligent operator “points”, DUI convictions, or the DMV otherwise prohibits them from getting a license, without ever having a driver’s license in the first place. Vehicle Code Section 14601 and its companion statutes apply to these situations, so you can still face charges even though you never had a license in the first place.
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