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.
