Driving with a Suspended License – Elements

Driving with a Suspended License – Elements – California Vehicle Code Section 13106, 14601, 14601.1, 14601.2, 14601.5

Orange County Driving with a Suspended License Attorney

 

If you’re charged with driving with a suspended license, the following are the elements that the prosecutor must prove beyond a reasonable doubt and also the specific jury instructions that the jury will read in determining a verdict.  Call the Law Offices of Nam Q. Doan | OC Legal Defense today at (714) 248-DOAN (3626). I will defend you in court and fight to dismiss your case.  Visit www.OCLegalDefense.com for more information.

 

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.]

 

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