Driving With A Suspended License

Your license can be suspended for a number of different reasons. If you’re arrested for driving with a suspended license, you can be convicted of a misdemeanor. This means that there is a possibility of jail time and it goes on your criminal record. Your license can be suspended if you were convicted of crimes such as DUI, reckless driving, reckless driving causing an injury, or receiving negligent operator points. If convicted of driving with a suspended license, you can face up to one year in county jail, fines of up to $2,000.00, probation, and a further delay of receiving your driver’s license. There are many possible defenses to a charge of driving with a suspended license, including lack of knowledge.

Punishment – California Vehicle Code 14601

First Conviction

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).

Within 5 years of a prior offense that resulted in a conviction of a violation of Vehicle Code 14601.1, 14601.2, or 14601.5

If the offense occurred within five years of a prior offense that resulted in a conviction of a violation of this section or Section 14601.1, 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).

Within 5 years of a prior offense that resulted in a conviction of a violation of Vehicle Code 14601.1, 14601.2, or 14601.5 and is granted probation

If the offense occurred within five years of a prior offense that resulted in a conviction of a violation of this section or Section 14601.1, 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.

Ignition Interlock Device

The court can also order you to install an Ignition Interlock Device in your vehicle for up to three years.

Punishment – California Vehicle Code 14601.1

First Conviction

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.

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

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).

Ignition Interlock Device

The court can also order you to install an Ignition Interlock Device in your vehicle for up to three years.

Punishment – California Vehicle Code 14601.2

First Conviction

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 a 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.

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

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 a 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.

First Offense and Probation Granted

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.

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

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.

2nd Conviction within 5 years and is Granted Probation

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.

Ignition Interlock Device

The court will require you to install an Ignition Interlock Device if convicted.

Elements

The defendant is charged with driving while (his/her) driving privilege was (suspended/ [or] revoked) [in violation of <insert appropriate code section[s]>].

To prove that the defendant is guilty of this crime, the People must prove that:

  1. The defendant drove a motor vehicle while (his/her) driving privilege was (suspended/ [or] revoked) [for <insert basis for suspension or revocation>]; AND
  2. When the defendant drove, (he/she) knew that (his/her) driving privilege was (suspended/ [or] revoked).

[If the People prove that:

  1. The California Department of Motor Vehicles mailed a notice to the defendant telling (him/her) that (his/her) driving privilege had been (suspended/ [or] revoked);
  2. The notice was sent to the most recent address reported to the department [or any more recent address reported by the person, a court, or a law enforcement agency]; AND
  3. The notice was not returned to the department as undeliverable or unclaimed; then you may, but are not required to, conclude that the defendant knew that (his/her) driving privilege was (suspended/ [or] revoked).]

[If the People prove beyond a reasonable doubt that a court informed the defendant that (his/her) driving privilege had been (suspended/ [or] revoked), you may but are not required to conclude that the defendant knew that (his/her) driving privilege was (suspended/ [or] revoked).]

[A motor vehicle includes a (passenger vehicle/motorcycle/motor scooter/bus/school bus/commercial vehicle/truck tractor and trailer/ <insert other type of motor vehicle>).]

[The term motor vehicle is defined in another instruction to which you should refer.]

If you’re charged with driving with a suspended license, Call the Law Offices of Nam Q. Doan | OC Legal Defense today lawyer at (714) 248-DOAN (3626). I will defend you in court and fight to dismiss your case.