Driving with a Suspended License
VC 14601.2
What counts as a violation of Vehicle Code § 14601?
Vehicle Code § 14601 makes it a crime to drive a motor vehicle while having a suspended driver’s license if the person has reason to know of the suspension or revocation. A person is presumed to know that his or her license is suspended if the DMV mailed notice to the person of the license suspension or revocation.
What is the punishment for a violation of Vehicle Code § 14601?
A first violation of Vehicle Code § 14601 is punishable 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.
A second violation of Vehicle Code § 14601, where 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, is punishable 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).
What defenses are available for a violation of Vehicle Code § 14601?
- Defendant did not know his or her license was suspended and the DMV failed to mail a notice to the defendant
- Defendant’s license was not actually suspended or revoked
- Necessity
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