Los Angeles DUI Lawyer Blog

The potential consequences for driving on a suspended license differ based on the reason a license was suspended or revoked. One of the most serious offenses resulting in license suspension or revocation is a DUI. California Vehicle Code §14601.2 prohibits a person from driving, when they have had their license suspended or revoked for a DUI conviction under California Vehicle Code §§ 23152, or 23153, if the person has knowledge of the suspension or revocation.

For a first offense there is a mandatory minimum jail time of ten (10) days up to six (6) months in county jail. There is also an additional fine from $300 to $1000. The sentence will be determined by a person's criminal history, and the specific facts of the case and the reasons for which their license was suspended. Fortunately, a wide range of possible consequences leaves room for negotiation by an experienced Los Angeles Criminal Defense attorney.
If it is a person's second offense within a five years of a previous driving on a suspended license conviction, the penalty range is higher. The consequential penalty may include thirty (30) days to a year in county jail, and a fine between $500 and $2,000 as well as extended probation.

The judicial system takes these charges very seriously, and does not view them as minor infractions. They are generally charged as misdemeanors and consequently go on the permanent criminal record. However, the professional legal expertise of a knowledgeable attorney may help reduce the charge. The most important benefit in reducing the charge is to receive the lowest penalty, so that jail time is avoided and fines are kept minimal.

The attorneys at Hoffman and Associates strive to present each case as more than a number to the Prosecutors and the Judge. By providing letters from friends and family, positive recommendations from Employers and community members we help the Judge form a positive persona of each client. Thus achieving our goal of giving each person the best possible results!

Many of our clients assume erroneously that a Driving on a Suspended License Charge in California is a simple charge, and in many cases an infraction. This is not the case. Any experienced Criminal Attorney will explain that such a charge is not only a misdemeanor but includes serious penalties and possible mandatory jail time.

California Vehicle Code 14601 and relevant sections make it unlawful for a person to be operating a vehicle when their driving privilege has been suspended or revoked when they have knowledge of the suspension or revocation.. Suspension or revocation may be due to the violation of certain sections of California law.

There are many different instances under which a license may be suspended. One of the most serious violations resulting in license suspension is a driving under the influence conviction. (California Vehicle Code 14601.2). If a person is convicted of a DUI, the Judge and/or DMV may suspend or revoke driving privileges as part of the sentence. The person is prohibited from driving until their privileges are reinstated, if stopped by officers while operating a motor vehicle while they are under suspension or revocation, they may be charged with Driving on a Suspended License.

A person's license may be suspended or revoked for more common violations of the law. If a person is convicted of reckless driving, or one or more serious traffic violations within a twelve month period and are deemed by the DMV to be a habitual offender. A person may also be determined by the DMV to be a negligent driver, or have a mental or physical incapacity that prevents them from being a safe driver. In certain situations of drug and alcohol abuse the DMV may suspend or revoke a person's driving privileges, similarly, if a person is convicted of certain crimes as a juvenile, their driving privileges will be suspended.

Although §14601 outlines specific circumstances under which a person's driving privileges are limited or revoked, §14601.5 serves a catch-all, including any offense that may lead to a suspension or revocation that are not specifically mentioned by the aforementioned section of the California Vehicle Code.

A Driving on a suspended license charge is a serious charge and could potentially lead to jail time, fines and/or extended probation. A knowledgeable San Diego Criminal Defense attorney has handled thousands of cases with the DMV as well as the criminal court. With a well prepared defense and a powerful argument a skilled attorney is able to reduce charges and obtain minimal penalties, if any.

Many of our clients inform us that the police did not read them their Miranda Rights when stopped for a DUI. Unfortunately, when stopped on the suspicion of a DUI, the arresting officer is not required to read you your rights. This procedure is only specific to DUI cases, and does not apply to other criminal arrests.

Miranda rights only apply to criminal cases and should be given when a person is submitted to custodial interrogation. Custodial interrogation is when you are taken into mandatory custody, and are interrogated by officers. If you are voluntarily there, and are choosing to answer any questions officers have, Miranda Rights do not have to be read.

For example, let's say you go into a police station to talk to Officers about something you have seen. The officers ask you to answer a few questions in the waiting area and you agree. Even if later you are accused of being a suspect in the crime, the questions you answered may be used as evidence. Miranda Rights were not necessary because there was no custodial interrogation. You were not taken into custody against your will, and you were not questioned by officers while in custody. When officers ask you questions that you voluntarily answer, it is considered to be investigative. Officers have a duty to gather facts and investigate, and when they ask you questions to learn information, it is considered to be investigative, not an interrogation.

During a DUI stop, police officers will ask you many questions as part of their investigation. They may ask you if you have been drinking, what you had been drinking, and how long it has been since your last drink. These are all routine questions they ask to gather facts and evidence. It is merely part of their investigation, not an interrogation since you have the right to remain silent, and politely decline to answer any questions.

An experienced California DUI Specialist can tell you what rights you have during a DUI arrest, and when they have been violated. Protect yourself and learn the different defenses you may have when you have been stopped on the suspicion of a DUI.

When many of our clients are arrested for a DUI, they are not given a specific reason for being stopped. When a cop pulls you over, he must have a valid reason for doing so. Furthermore, if an alcohol screening test is administered, he must have probable cause.

When a cop initially indicates that you pull over, he must have a valid reason. This reason can be as simple as a broken taillight, or something as serious as swerving in and out of lanes. An officer cannot make assumptions that you may be intoxicated and they cannot pull you over if there is no reason for them to do so. For example, if you are driving and you run a red light, the officer has a reason to stop you. Similarly, if you do not signal, or make an illegal U-turn, the officer has a valid reason to pull you over.

Once the officer pulls you over, he may ask you to complete a preliminary alcohol screening test only if he has reasonable suspicion. Reasonable suspicion is facts or circumstances that lead the officer to believe that you may under the influence. For example, if you are slurring, the officer has reasonable suspicion to question you regarding your impairment. If you exhibit no behavior that could indicate intoxication, the officer does not have the authority to ask you to take an alcohol screening test.

When the officer has not given a specific reason for why you are stopped, there is a potential weakness in Prosecution's case. An experienced San Diego DUI Attorney knows the requisite elements for the government to file a DUI case against you. They can prepare a powerful defense that will demonstrate to the court that a case for driving under the influence was not established.

California Health and Safety Code §11350 makes it unlawful for any person to be in possession of a controlled substance. Controlled substances are those listed under California Health and Safety Code §§ 11054 and 11055. These sections include the majority of common recreational or "street" drugs like heroin, cocaine, methamphetamines, certain hallucinogenic drugs and antidepressants. These sections, however, do not include marijuana. Marijuana is covered by California Health and Safety Code § 11357.

Drug possession cases in California are generally charged as a felony, and are not taken as serious offenses by the courts. However, an experienced Los Angeles Criminal Defense attorney knows that there much leniency for Drug Possession charges. With a powerful argument and the skill of a good lawyer, charges may be reduced from a felony to a misdemeanor, or in many cases, dismissed altogether.

If the drug allegedly found in your possession is certain types of depressants, the law may be read as a wobbler by the Judge. A wobbler is a law under which a charge may be filed as a misdemeanor or a felony, depending on the facts of the case. Prosecutors and Judges will consider the criminal history, if any, and the specific facts surrounding the case to arrive at a determination.

A majority of drug possession cases allow for the completion of a drug diversion program. A drug diversion program involves the completion of drug education and rehabilitation classes. Once the classes are completed to the court's satisfaction, your case will be dismissed. An experienced Los Angeles Criminal Defense attorney can present persuasive argument in court allowing you to complete a program as a means to getting the case totally dismissed.

Potential sentences for drug possession charges will fall at some point within a range set my legislation. For misdemeanor charges, the range will be anywhere between zero days to a year in county jail and not more than $1000 in fines.

For felony charges the range falls anywhere between probation and a year in county jail, or 16 months to three years in state prison.

There is a lot of room for negotiation and leniency in drug possession cases, especially if it is your first offense. A professional Criminal Defense attorney is familiar with all available defenses and arguments that will help reduce, or even full dismissal of the case.