In California, you should not expect a ticket for a simple traffic infraction if the police stop you for knowingly driving with a suspended license. Instead, the police will arrest you, and the repercussions could be severe. Driving with a suspended license could lead to a misdemeanor charge on your record, which could affect your entire life. The police could charge you with other crimes alongside driving on a suspended license. The common crimes charged alongside driving on a suspended license include driving under the influence. The police could also arrest you for failing to submit to a chemical test. The potential penalties for driving with a suspended license are hefty fines, jail terms, probation, and a further suspension of your license.

However, no matter how bad your situation looks, there is hope for you. If the police arrest you for driving with a suspended license in Santa Ana, do not panic or say anything to them. With advice and guidance from an experienced attorney, your charges could be reduced or dismissed. The California Criminal Lawyer Group lawyers know how to negotiate for the best outcome of a case.

The Offense Of Driving With A Suspended License In California

In California, it is a crime under Vehicle Code 14601.1 (a) for any person to knowingly drive with a suspended or revoked driver’s license. If the prosecutor accuses you of violating this statute, he/she must prove some elements for you to face charges. The elements include:

  • You drove a vehicle while your driving privilege was suspended or revoked
  • When you drove the car, you were aware that your driving privilege was suspended or revoked

Under California law, you can only be guilty under VC 14601.1 if you know your license was suspended. The awareness is presumed if the following statements are true:

  • The Department of Motor Vehicles (DMV) sent a notice to you informing you that your driving privilege has been suspended or revoked
  • The DMV sent the notice to your most recent address
  • The notice didn't go back to the department as undeliverable or unclaimed

Alternatively, it will be presumed that you were aware that your license was suspended or revoked if:

  • A judge informed you of the license suspension at the time of sentencing for the violation that resulted in the suspension or revocation
  • A police officer gave you a notice of license suspension when the police arrested you for a crime warranting revocation or suspension like DUI. The police could have also confiscated your license, if possible.

If any of the above statements are true, it is presumed that the motorist was aware of the suspension or revocation of his/her license. However, it does provide beyond-doubt evidence that the motorist was aware of the suspension. Therefore, a criminal defense attorney could challenge the presumption. Additionally, the attorney could give evidence to the jury that the motorist was unaware of the suspension or revocation.

Generally, the district attorney’s office in California cannot prosecute your VC 14601.1 case unless you have been a repeat offender in the past 24 months.

There are several reasons why a driver’s license could be suspended or revoked in California. Some of the reasons include:

  • Having unpaid parking tickets
  • A California DUI conviction
  • Failing to appear in court
  • Reckless driving under Vehicle Code 23103, reckless driving causing injury under VC 23104, or reckless driving that causes one or more injuries under Vehicle Code 23105
  • Being declared a negligent operator of a motor vehicle
  • A mental or physical disability
  • Having been in a car accident without proof of insurance
  • Having too many points on your driver’s license

Punishment For Violating Vehicle Code 14601.1 (a)

It is a misdemeanor crime to violate Vehicle Code 14601.1a in California. You will face penalties based on why your license was previously suspended. Additionally, the following laws will also determine the liability you will encounter:

  • Vehicle Code 14601
  • Vehicle Code 14601.1
  • Vehicle Code 14601.2
  • Vehicle Code 14601.3
  • Vehicle Code 14601.5

Incompetent, Reckless, Or Negligent Driving — Vehicle Code 14601

You could face penalties under this statute if the following is true:

  • You received a license suspension for reckless driving, incompetent driving, or negligent driving
  • You drove a vehicle with a suspended license

The penalties you could face include:

  • A fine that does not exceed $1,000
  • A jail term of five days to six months in a county jail
  • Informal probation that does not exceed three years

License Suspension Or Revocation For Other Reasons— Vehicle Code 14601.1

This law is a catchall that penalizes motorists if they:

  • Received a license suspension for any reason not previously mentioned
  • Drove on a suspended or revoked license

You could face the following penalties:

  • A fine that does not exceed $1,000
  • Informal probation that does not exceed three years
  • A jail term that does not exceed six months

Driving Under The Influence Of Drugs Or Alcohol — Vehicle Code 14601.2

You could face the penalties under this law if you:

  • Received a license suspension because of a DUI charge
  • Drove on a revoked or suspended license

You could face the following penalties:

  • Installation of a certified ignition interlock device
  • Informal probation that does not exceed three years
  • A fine that does not exceed $1000
  • A jail term of ten days to six months in a county jail

Habitual Traffic Offenders — Vehicle Code 14601.3

The court in California could penalize you under this code if you:

  • Received a license suspension for being a habitual offender
  • Drove with a suspended license

You could face the following penalties if the court finds you guilty of this crime:

  • A fine that does not exceed $1000
  • Informal probation that does not exceed three years
  • A jail term that does not exceed 30 days

According to Vehicle Code 14601.3, you could be a ‘’habitual traffic offender’’ if you were charged or involved in any of the below crimes within twelve months while on a suspended license:

  • Three or more accidents involving injury or at least $750 worth of property damage
  • Violation of another vehicle code like VC 14601
  • Three or more general moving violations
  • A DUI violation - VC 23152
  • A speeding violation - VC 23109
  • Two or more serious driving crimes, including reckless driving - VC 23103

Driving With An Illegal BAC Or Refusing To Submit To A Chemical Test — Vehicle Code 14601.5

You could face the penalties under this code in California if you:

  • Received a license suspension for refusing to submit to a chemical test or driving with an illegal BAC
  • Drove with a suspended license

You could face the following penalties if the court finds you guilty of this crime:

  • A fine that does not exceed $1,000
  • Informal probation that does not exceed three years
  • A jail term that does not exceed six months in a county jail

It is also unlawful under 14601.5 to drive with a suspended license for committing certain DUI-related offenses, including:

  • Refusal to submit to a chemical test if you are suspected of DUI and are currently on probation for drunk driving
  • Driving with an illegal blood alcohol concentration of 0.01% or more while on probation
  • A California DUI charge while below 21 years and refusing to submit to a PAS test or if you had a BAC of 0.01% or more
  • Driving with an unlawful BAC of 0.08% or more in violation of VC 23152 (b)
  • A DUI chemical test refusal following a DUI arrest
  • Driving with a BAC of 0.04% or more while driving a vehicle that requires a commercial license

If the court convicts you of driving with a suspended license, your gun rights cannot be adversely affected. However, in California, certain offenses could cost your rights to possess a gun, own a gun, and purchase a firearm.

If the court charges you with driving with a suspended license, you will not face any immigration consequences. However, at times, you could be marked inadmissible or deported if the court convicts you of certain offenses and you are a U.S non-citizen. For instance, a non-citizen motorist could face deportation if charged with a crime involving moral turpitude.

Additionally, you can have your charges expunged if the court convicts you under Vehicle Code 14601.1 (a). The judge could award you an expungement if the following are true:

  • You completed your jail term if imposed
  • You completed probation if imposed

The court could also award you an expungement if you committed a probation violation. However, this will depend on the judge's discretion.

Defenses To Vehicle Code 14601.1 (a) Charges

You could use the following defenses to fight your driving with a suspended license charge:

Lack Of Knowledge Of Suspension

The prosecutor must provide sufficient evidence that the Department of Motor Vehicle (DMV) mailed a notice to you informing you that your driving license was suspended or revoked. The prosecutor must also provide substantial evidence that the notice was not returned to the DMV for the wrong address.

This is an important defense, especially if you changed your address and the DMV's notice of license suspension was sent to your last address. In some situations, the judge can believe that the mailed notice of action did not meet the case law standard of actual knowledge.

Not Actually Driving The Vehicle

An essential element of this crime is that you must be operating the vehicle for VC 14601.1 (a) crime to apply. Often, motorists in California face arrests for driving with a suspended license when the law enforcers did not witness them driving. For instance, one driver with a valid license could be driving, and another driver with a suspended license could be a passenger. Suddenly, the vehicle breaks down, and the driver with a valid license goes to a gas station to seek assistance, leaving the driver with a suspended license in the car. When the police came onto the scene, they believed the driver with the suspended license drove the vehicle because they were the only ones in the car.

The police could believe they have reasonable suspicion to arrest the driver for driving with a suspended license. However, by hiring an attorney, the driver with a suspended license could successfully challenge the accusations by eliciting the witness statement from the driver with a valid license.

Invalid Suspension

To face the charges for driving with a suspended license, you must possess a valid suspension.

There is a possibility that you could have your license suspended because of court error, DMV error, and misunderstanding of the applicability of suspension under some circumstances.

For instance, your license could be suspended for failing to complete a DMV class while you completed the class and submitted sufficient evidence to the court. If the DMV fails to document the evidence correctly, the system could indicate a suspension while none should be in place. Therefore, it could appear to the police that you should face an arrest for VC 14601.1 (a) crime, yet this should not happen because the suspension should have been lifted.

Driving On A Valid Restricted License

In some situations, if you have a suspended license, you could be eligible for a restricted license to travel to and from work or other essential activities. Generally, the police cannot arrest you for acting within the bounds of the restricted license.

At times, you could still be arrested under VC 14601.1 (a) if the police do not believe that you are limiting your travel to the defined purpose of the restricted license. In a situation like this, an attorney can assist you in challenging the charges to show that you did comply with the restrictions imposed by the court.

You Were Under Duress

This is where you allege that you should not be held liable or criminally responsible for driving with a suspended license because you acted out of an immediate fear of injury. This defense is also referred to as an excuse. For example, another person or people could have exerted force on you that caused you to commit the offense. Several elements must be met for duress to qualify as a defense. The elements include:

  • You must have become involved in the situation through no fault of your own
  • The threat must be of severe bodily harm or death
  • The threat must be immediate and inescapable
  • The harm threatened must be greater than the harm caused by the offense.

Jury Nullification

Jurors ought to follow the law, but at times, they fail to do so. Jury nullification happens if a trial jury arrives at a verdict that does not align with the letter of the law because the jurors either:

  • Believe that the law should not be applied in your driving with a suspended license case
  • Disagree with the law under which you face prosecution

The jury could acquit you even if you are factually guilty of driving with a suspended license because they disagree with the law as written.

Currently, in California, jury nullification is common in drug charges. Some jurors decline to charge on drug possession cases because they feel that the drug laws discriminate against certain groups or believe in legalization.

Mistake Of Fact

The defense of mistake of fact is specific in the case of driving with a suspended license. This defense provides that you should not face charges because you were mistaken concerning a fact, which is essential to prove the offense.

Under California law, every offense requires that the prosecution prove several elements for you to face the charges. However, if a mistake of fact exceeds any evidence provided by the elements, it can be used as a defense.

For instance, one of the elements that the prosecutor needs to prove is malicious mischief, including malicious destruction of another person’s property while driving with a suspended license. Therefore, if you honestly and reasonably believed that you were destroying your property, which is a mistaken fact, you could use it as a defense against malicious mischief charges.

A mistake of fact defense is not automatically applicable in California's court of law. You and your attorney could raise this defense. You will need to plead specifically to a mistake of fact when presenting your defense at trial. Examples of mistakes of fact include:

  • Errors concerning measures, and weights
  • Errors regarding a person's identity or characteristics like their gender or age

Related Offenses

Under California law, other crimes could be charged alongside or instead of VC 14601.1 (a). They include the following:

Driving Without A Valid License — Vehicle Code 12500

It is a crime under this statute to drive without a valid license. California residents who drive in parking facilities open to the public or on public highways must have a valid driving license. However, the following classes of people do not require a driving license to drive in California:

  • Non-residents with a valid diplomatic driving license for the type of vehicle the person is driving
  • Government officers or employees driving a car owned or controlled by the U.S government while on federal business
  • Non-residents age 21 or older, if transporting dangerous material and having a valid driving license from a different state.
  • Someone driving an implement of husbandry other than on a public road

Penalties

The court can prosecute VC 12500 crime as a non-criminal infraction or a misdemeanor. If the court charges you with an infraction, you could face a fine of $250. If the court charges you with a misdemeanor, you could face the following penalties:

  • If you have a prior conviction for Vehicle Code 12500 or certain other driving crime, a potential 30-day impoundment of your vehicle
  • Informal misdemeanor probation of three years
  • A fine of $1,000
  • A jail term of six months in a county jail

Defenses

  • In the case of a misdemeanor violation, you should attempt to bargain the case down to an infraction
  • Prove that you did have a valid driver's license at the time of the offense
  • Try to get the court to postpone the case long enough for you to get a State driving license

Failing To Present/Show Your Driver’s License — VC 12951

It is a crime under this code for you to do the following:

  • Drive without a legal license in your possession
  • Refuse to show the license to the police officers

Under VC 12951, motor vehicles include the following:

  • Truck tractors and trailers
  • Passenger vehicles
  • Commercial vehicles
  • Motorcycles
  • School buses
  • Motor scooters
  • Buses

Under this statute, the prosecutor has the burden of proof to provide sufficient evidence that you violated this statute beyond a reasonable doubt.

Penalties

In California, any person who violates VC 12951 faces an infraction charge. You could face a fine that does not exceed $250. You could also face misdemeanor charges if you violate VC 12951 (b). The penalties you could face for misdemeanor charges include:

  • A fine that does not exceed $1,000
  • A jail term that does not exceed six months in a county jail

Defenses

  • The police stopped you without a probable cause
  • You had a valid driver's license when you stopped
  • You were not the driver of the vehicle

Unlawful Use Of A License — VC 14610

It is a crime under this code to use a license illegally. Unlawful use involves:

  • Duplicating a license
  • Possessing a suspended license
  • Refusing to surrender a suspended license
  • Lending a driving license to another person

Penalties

Violating VC 14610 is charged as a misdemeanor crime in California. You could therefore face the following penalties:

  • A fine of $1,000
  • A jail term of six months in a county jail
  • Misdemeanor probation

Defenses

  • You did not lend the license to someone else
  • No knowledge of license suspension
  • No possession

Find A Criminal Defense Lawyer Near Me

If you or a loved one faces an arrest for driving with a suspended license in Santa Ana, you should immediately seek the services of a competent lawyer to help you avoid fines and jail terms. At California Criminal Lawyer Group, we have successfully defended many clients charged with driving with a suspended license. As a matter of principle and habit, we do not take anything claimed by the police or the prosecutor at face value. Instead, we will go the extra mile to garner our facts and thus engender or negotiate for the most favorable outcome for our clients. Do not hesitate to contact us at 714-844-4151 and talk to one of our lawyers.