Driving with a suspended license is a misdemeanor in California. First-time offenders in Los Angeles are not facing jail time but rather significant fines, two points on their DMV record, a longer suspension on their driver’s license, and a criminal record. In Los Angeles, If you are caught driving with a suspended license you may be arrested on the spot and have your car impounded. If you or someone you know is facing this situation do not hesitate to call the criminal defense attorneys at Rodriguez, Lewis & Kahn for a free, confidential consultation to discuss your legal options.

CALIFORNIA LAW

Driving with a suspended or revoked license is prohibited by various sections of California Vehicle Code 14601. These offenses are categorized and punished according to the reason for the original suspension. What is common among all of the driving on a suspended license laws, is the requirement that the defendant had knowledge of the original license suspension or revocation. The following summarizes these laws:

California Vehicle Code 14601(a) It is illegal to knowingly drive on a license suspended due to:

• Reckless driving
• Being incapable of safely operating a motor vehicle because of alcoholism, excessive and chronic use of alcoholic beverages, or addiction to, or habitual use of, any drug.
• Being incapable of safely operating a motor vehicle because of a disorder characterized by lapses of consciousness or episodes of marked confusion or any physical or mental disability, disease, or disorder which could affect the safe operation of a motor vehicle
• “Negligent” or “Incompetent” driving (too many points on your driving record).

California Vehicle Code 14601.1(a)

It illegal to knowingly drive on a suspended or revoked license, even if the reason for the suspension is not listed in the Vehicle Code. This section refers to a suspension or revocation due to unpaid parking tickets, failure to pay child support, or failure to appear in traffic court as a result of a citation.

California Vehicle Code 14601.2(a)

It is illegal to knowingly drive on a suspended or revoked license due to a DUI conviction.

California Vehicle Code 14601.3(a)

It is illegal to accumulate a driving violation history while driving with a suspended license. Accumulating the following driving violations during a 12-month period will result in being designated a “ Habitual Traffic Offender ”:

• Two or more 2 point driving violations (e.g., reckless driving or DUI)
• Three or more 1 point driving violations (e.g., speeding)
• Three or more accidents that require filing an accident report (e.g., where someone was injured, died and/or the property damage was $750 or more)
• Any combination of accidents or convictions that results in 3 driving violation points.

California Vehicle Code 14601.5(a)

It is illegal to knowingly drive with a license that was suspended or revoked due to:

• Driving with a blood alcohol concentration of 0.08% or greater
• Refusing to submit to or complete a blood, breath, or urine test when suspected of DUI
• Driving with a blood alcohol content (BAC) of 0.01% or greater when under the age of 21
• Driving with a BAC of 0.04% or greater while driving a commercial vehicle
• Driving with a BAC of 0.01% or greater while on probation for DUI
• Refusing to submit to or complete a blood, breath, or urine test when suspected of DUI while on probation for DUI.

PENALTIES AND PUNISHMENT

Driving on a suspended license is a misdemeanor offense in California. Punishment can include probation, county jail time, substantial fines and car impoundment. The severity of the penalty depends on (1) the reason for the original license suspension and (2) prior convictions for driving with a suspended license. The penalties for the above referenced violations are summarized below:

If a defendant has no criminal history, the prosecutors may be willing to reduce your driving on suspended license charges to lesser offenses, infractions or to dismiss them altogether. Alternative sentencing options also exist, including community service, house arrest, work-release and Cal-Trans work. An experienced criminal defense attorney can negotiate the most favorable outcome to your situation.

DEFENSES

In order to convict you of driving on a suspended or revoked license, the prosecution must prove that you had knowledge of the license suspension or revocation and that you were in fact driving at the time when your license was suspended or revoked. There may be a variety of defenses available to you, for example:

• You did not know that your license was suspended because you were not properly notified
• The original suspension was invalid or the suspension was a mistake.
• You were not the driver
• The traffic stop that led to the charge was illegal.

Many people facing charges of driving on a suspended license are law-abiding citizens who make a mistake or used poor judgment. Some people are falsely accused of driving on a suspended license based on a misunderstanding or administrative error by the DMV. At Rodriguez, Lewis & Kahn, we listen to our clients’ story and carefully investigate our clients’ DMV and criminal record and police reports and negotiate with the judge and the prosecutor to obtain the best outcome for your case. If necessary we will prepare and go to trial on your behalf.

LOS ANGELES CRIMINAL DEFENSE ATTORNEYS

At Rodriguez, Lewis & Kahn, we have represented many individuals facing charges for driving on a suspended or revoked license in Los Angeles. We can HELP. Contact us to schedule a free, confidential consultation to discuss your case.