Los Angeles DUI Lawyer Blog

When a person has been convicted of a Los Angeles driving under the influence charge, there are certain penalties that will be imposed. One of the most serious penalties that the person will face, is a drivers license suspension. For a first offense DUI, a person's license may be suspended for up to 4 months, for a second time offense, the license may be suspended for up to a year.

Having your license suspended is a significant restriction on a person's daily activities. It prohibits you from driving to work, social activities and other important places. If a person chooses to drive on a suspended license in Los Angeles, they can be charged with an additional charge. A driving on a suspended license conviction is very serious, it can lead to jail time and penalties. It may even lead to an extension of a person's probation.

There are options for a restricted license. When a person's license has been suspended, they can ask the DMV for a restricted license which allows them to drive to and from work. A restricted license is granted sparingly, and under certain specific circumstances. An experienced Los Angeles County DUI attorney can successfully persuade the Court to allow for a restricted license, which prevent taking away driving privileges completely.

Under the previous law, a person who has been convicted of a second time DUI must wait 12 months before they can apply for a restricted license. Under new law, SB 598, that went into effect July 10, 2010 a person can apply for a restricted license after just 90 days.

Third time offenders under previous law could not apply for a restricted license until 12 months into their 3 year suspension. Under the new law they can apply after 6 months.
However, there is a caveat to applying for a restricted license earlier under the new law, the person must install an Ignition Interlock Device. An Ignition Interlock Device is a device that is installed on a person's steering wheel that does not allow the car to start until the driver breathes into the machine so that it can check for blood alcohol content.

Having your license suspended adds to the difficult situation you are already facing with a DUI. There are usually fines and jail time associated with driving under the influence charges. When you are unable to drive anywhere it makes even going to work an obstacle, and causes you to rely on your friends and family. It is crucial for a person who finds themselves about to get their license suspended that they consult with a Southern California DUI specialist to learn about their defenses and options.

Everyone should have a knowledgeable attorney to represent them at the DMV hearing as well as the Criminal case. An attorney can also prepare a strong argument that may allow for the person being charged to have a restricted license under specific circumstances. A persuasive argument can make a huge difference in regards to a potential sentence and license suspension.

Thanks to the California Legislature, our state enacted some years ago a law commonly known as a stop and snatch law. Essentially anyone stopped on suspicion of driving under the influence of alcohol whose Bac level is a .08% or more as their license taken by the police officer and forwarded to the DMV. In its place, the officer gives the driver a pink piece of paper known affectionately as an administrative per se drivers license.

Although this important piece of paper will serve as your drivers license, it hales on its face important information regarding your rights and obligations under California law. Most importantly it informs the driver that the DMV has commenced an action to suspend your license.

These suspected DUI driver with a .08 or over is put on notice that they are required to contact DMV within 10 days of their arrest, including weekends, to request a hearing to determine whether or not a suspension is appropriate based upon sufficient probable cause to stop and arrest the driver on suspicion of driving under the influence of alcohol. The second critical issue is whether these suspected driver was operating a motor vehicle with a blood alcohol level of .08% or more.

Failure to request such a hearing and delay, or in legal terms a stay, results in a drivers license being suspended commencing on the 31st day after their arrest.

Smart and responsible drivers contacting the DMV in a timely manner within the 10 days are often caught offguard in their attempt to exercise their rights to extend their driving privileges as well as request an administrative hearing to contest the pending suspension. Our firm frequently is told by clients that representatives of the Department of Motor Vehicles have overtly told drivers not to waste their time, or it will do no good. Drivers often are dissuaded, and advised that it's better to start your suspension after the 30 days, instead of waste their time exercising their rights to such a hearing.

Seeking the advice of an attorney, who frequently deals with the DMV, and understands the value of the client and his attorney carefully reviewing all police reports for accuracy, prior to deciding how to proceed in defending their vital driving privileges against a suspension. Exercise your rights in a timely manner, to avoid the awful consequence of losing your driving privilege. Frequently, through effective defense strategies, we are able to protect our clients valuable driving privileges, regardless of the specific facts of our clients cases. None of this is possible, unless the client contacts us within the allotted time to request a DMV hearing.

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.

Under California Penal Code 10851, a person is guilty of Grand Theft Auto if they drive or take a vehicle that is not their own, without consent, with the intent to temporarily or permanently deprive the owner of the title or possession of the vehicle. Those found guilty will face a felony conviction and a sentence of jail time and/or fines.

Additionally, in 2009 Court's were authorized to impose an added penalty of a suspension or revocation of driving privileges by the California Penal Code. The court's are not required to provide a specific period for which your license may be suspended or revoked, but have the authority to leave it open with no set ending date.

This means that if you are convicted of Grand Theft Auto, you will not only face a felony sentence of jail time, and/or a fine, but you may also face a separate penalty from the DMV. An experienced Los Angeles Criminal Defense Attorney has handled many cases in front the DMV, including thousands of DUI cases.

A powerful argument is not only necessary in the courtroom, but in regards to your driving privileges as well. If you use a car to get from home to work or school, a revoked or suspended license will add unnecessary hassle to your already stressful life. A California Criminal Defense attorney will provide evidence and effective argument to persuade the Judge and Prosecution to allow you to keep your driving privileges, or in the very least have the use of a restricted license.

Although the law is relatively new, a knowledgeable attorney who specializes in DUI has been fighting for a client's right to keep their license for years as it is a required sentence in all DUI convictions. As a result, many people have retained their rights, and avoided jail time even with serious DUI convictions through the use of a Los Angeles Criminal Defense attorney.

California Vehicle Code 14601.2 makes it illegal to be driving with a license that has been suspended for Driving Under the Influence under Vehicle Code 23152 or 23153. The Driver must have knowledge of the suspended license.

Additionally, under this section it is also unlawful for a person who has been convicted of a DUI and has a restricted license, to be driving at unauthorized times given that the driver has full knowledge of the restriction. Notice shall be assumed if the DMV has sent out a notice in accordance to proper procedure.

Potential penalties for a violation under this section are given in ranges. Your final sentence will be determined through the consideration of several factors and arguments presented in court. For a first time offense the sentence ranges from 10 days in County Jail to 6 months and/or a fine of $300 to $1,000. If you have are convicted of a VC 12601.2 violation within 5 years of a violation under the same section the spectrum for a potential penalty is higher. You can be sentenced anywhere between 30 days to a year in county jail and/or a fine ranging from $500 to $2,000. Probation may also be a part of the final sentence.

A knowledgeable Los Angeles DUI and Criminal Defense attorney has years of experience representing clients who have had suspended licenses charges for many reasons. An experienced attorney can prepare a strong argument in your defense to ensure that your final sentence falls at the lower end of the spectrum.