Driving With A Suspended License

If you are arrested in California for intentionally operating a vehicle with a suspended license, don't assume that you will be issued a ticket for a minor traffic violation. Driving with a suspended license could get you arrested and face severe consequences. If convicted, you could have a misdemeanor charge on your record permanently.

However, these allegations and sanctions can be dropped or lowered with the help of an experienced defense attorney. Our attorneys at the Riverside Criminal Defense Attorney Law Firm are available to analyze the specifics of your case and help you build a strong defense for a favorable outcome. We serve the residents of Riverside, CA.

Legal Definition of Driving With a Suspended License

California Vehicle Code 14601 is the law that makes it unlawful to operate any vehicle with a revoked or suspended driving license. VC 14601 describes this offense as operating a vehicle when your driving privileges have been revoked or suspended with the understanding of the revocation or suspension.

Driving with a suspended license has two key components:

The accused operated an automobile when his or her driver's license was revoked or suspended
And at the moment, the accused was cognizant of his or her revoked or suspended driver's license

Proving "Knowledge"

The court will assume that you were aware of the revocation or suspension if the following statements are true:

The California Department of Motor Vehicles sent you a notice of your license revocation or suspension
The revocation or suspension letter was mailed to your current postal address, which you provided to a federal entity, such as the Department of Motor Vehicles, a law enforcement authority, or a court
The Department of Motor Vehicles has not received the letter of revocation or suspension as unclaimed or undeliverable
A law enforcement officer did serve you with a notification of the revocation or suspension after you were apprehended for a crime that was sufficient to warrant revocation or suspension, like a DUI. The police might have also taken your driver's license during the arrest
A judge notified you of the driving license revocation or suspension at the moment of your sentencing for an infringement that ultimately led to the revocation or suspension of your license

If either of these statements is correct, the court will assume that you were aware of your driving license's revocation or suspension. However, it doesn't show beyond a shadow of a doubt that you were aware of the revocation or suspension, and your criminal defense lawyer could be capable of refuting that assumption and proving to the court that you were unaware of the revocation or suspension.

The Difference Between a California License Suspension and Revocation

It's crucial to understand the distinction between a suspended driver's license and a revoked license. Sometimes there could be methods to address the issue when you understand which problem you're facing.

If your license is suspended, it indicates that you will be unable to drive any automobile for some time. You can have your license reinstated when you pay specific charges and see through your suspension term. If you are found driving with a suspended license, you risk facing even more severe penalties, such as increased penalties or revocation of your driver's license.

The state can have your license revoked for major violations like felonies or maybe failing to attend court. When the Department of Motor Vehicles (DMV) revokes your driver's license, you lose all of your driving privileges. And if you were to attempt to get your driving license reinstated, you'd have to put in an application, sit the test, and cover the costs once again, even after waiting out the required period. This period could last up to five years.

The following are some instances of driving conduct that may result in the revocation of a California driver's license:

Speeding on congested roadways during rush hours
Trying to elude the law enforcement authorities
Driving while inebriated, coupled with negligent driving, then results in an accident
Blatant contempt for traffic regulations, signals, warnings, weather or driving conditions, referred to as mechanical flaws, or other road users
Racing
Driving erratically in a car that you aren't trained or licensed to drive

Reasons for a California License Suspension

The following are the most common causes of your California driver's license suspension:

Having no insurance

Your driving license could be suspended for up to 4 years if you aren't insured and are involved in a car accident. It could be reinstated after a year provided you show evidence of your car insurance to the Department of Motor Vehicles and keep it up to date for the coming three years.

Failing to file a car accident report
A conviction for driving under the influence (DUI)

California has among the most severe DUI statutes in the country. A first DUI charge will result in your license being suspended for 6 months. In certain instances, you may be able to apply for a restricted driving license. A subsequent or third offense might result in your license being suspended for up to four years.

Underage drinking

Your driving license will be suspended for a year or just until you reach 18, whichever comes later.

Refusing or failing to take an alcohol or drug test

Because of the implied consent provisions in California, if you fail to take a breath, blood, or urine examination to avert a DUI charge, your driving license will be revoked or suspended, even though you're not guilty.

Too many points on your driving history

When you have an excessive number of points on your record, the California Department of Motor Vehicles will place you on a year of driving probation, along with a six-month driver's license suspension, or have your driving license entirely revoked.

Vandalism

Your driving privileges can be suspended for a year for vandalism. Your ability to seek a driving license will be extended by a year when you are considered too young to operate a vehicle.

Failing to appear before a judge for a traffic citation

If you don't attend court or fail to pay your fines promptly, the judge will notify the California Department of Motor Vehicles, and your driver's license could be suspended.

Failing to make child support payments, according to Family Code 17520
Having a mental disorder that significantly impacts your ability to operate an automobile safely

Having Your California Driver’s License Reinstated

If your driving license has been suspended, you aren't permitted to operate a vehicle until you have taken the appropriate measures to get your driving license reinstated. Even though the suspension period has elapsed, you can still be prosecuted for driving with a suspended license if you operate an automobile before taking the appropriate steps.

The procedures you complete to reinstate your driver's license are determined by the specific reasons for its suspension. Below are some common causes, as well as some examples of actions you might take.

Complete a Compulsory Suspension Period if you have been accused of driving while inebriated

If you are convicted of DUI for the first time, the judge will suspend your license for 6 months and order you to undergo a drunk driving treatment program so you can get your license back. The judge might also require you to undergo a DUI program for nine months if your blood alcohol level (BAC) was 0.15 percent or above and you previously had a history of offenses on other grounds or you declined to consent to a urine, blood, or breath test. You will face a suspension for ten months if your BAC was at 0.20 percent or above and the judge will refer you to an intensive DUI alcohol treatment program.

You must pay a reissue charge

Your driving privileges will be reinstated when the suspension period is over and you have paid a $125.00 reinstatement fee to the Department of Motor Vehicles and submitted an SR22 certificate which shows financial responsibility. If you were under 21 years of age at the moment of the infraction and your license was suspended, you will pay a reinstatement fee of $100.00 as per the Zero Tolerance statutes.

Driving Under the Influence Rehabilitation Program

Once you've finished the DUI Rehab Program, you'll need to present proof of participation as well as a certificate of completion.

If you've ever suffered a medical or mental illness or disorder that affected your ability to drive

Present a valid Driver Medical Evaluation (DME) or any other medical documentation confirming that the illness does not affect your driving ability anymore.

If you had been involved in a car accident and didn't have auto insurance:

Complete the obligatory one-year suspension and also pay the $125 reissue fee. Submit proof to show financial responsibility.

If you didn't settle a traffic ticket or didn't attend court for it

You can either pay your fines or go to court. The judge will provide you with a Failure to pay or appear (FTA or FTP) abstract stating that you have satisfied this obligation. You should also make a payment of $55 to the Department of Motor Vehicles as a reinstatement fee. This fee could be up to $275 in some circumstances.

What are the Penalties for California VC 14601?

An infringement of this statute is considered a misdemeanor. It's worth noting that the severity of an accused's sentence will vary depending on why their driving license was previously revoked or suspended.

Additionally, a previous conviction for a driving crime, like driving under the influence (DUI) or failing to submit to a chemical test for a previous DUI issue, will not warrant any pity from law enforcement in California.

You should be concerned about the possibility of incarceration, probation, stiff penalties, and a subsequent suspension of your driver's license. If you're accused of driving while your license is suspended, don't fret or say anything that could be used against you in court.

In addition, sanctions for this violation will be dictated by the following provisions:

VC 14601
VC 14601.2
VC 14601.3
VC 14601.5
VC 14601.1