Driving Crimes

California has some of the strictest traffic regulations in the nation. Despite the stringent rules, car accidents cause thousands of road users to be injured or killed each year. The California Vehicle Code (CVC) lists many criminal laws governing how to operate a motor vehicle and how not to.

Most driving-related allegations are criminal and attract severe consequences. These include jail terms, hefty fines, DMV points, a required suspension of your license, and a criminal record that haunts you years down the road.

Do not fight the court system alone when you are accused of a driving crime. Instead, hire an experienced lawyer to defend you. If you are facing driving crime charges in the Los Angeles area, get in touch with CCLG: Los Angeles Criminal Attorney for a free, confidential case analysis.

Driving Without a License, California VC 12500(a)

A driver must possess a valid driver’s license to drive a motor vehicle. If caught without one, you may be criminally charged under Vehicle Code 12500(a). Even if your license expired or was never issued, you may be cited under VC 12500(a). In some cases, this is handled as an infraction rather than a misdemeanor.

The law has some exceptions. You can be exempted when you are:

• An employee of the government who drives a vehicle owned or controlled by the U.S. government
• A non-resident with a valid out-of-state license and above 18
• An individual operating farm machinery or off-highway vehicles on rural or farmland
• A Canadian who is carrying hazardous materials and has a valid license in Canada

What the Prosecutor Has to Prove

To find you guilty of VC 12500(a), the prosecution has to prove two critical things:

• You were driving a car on a public road
• You lacked a valid California driver’s license

While the prosecution must prove the lack of a valid license beyond a reasonable doubt, in practice, you may need to provide evidence of a valid license to counter the charge. This contrasts with most criminal cases, in which the government has the burden of proof alone.

Punishment for Driving Without a License

The breaking of VC 12500(a) is typically prosecuted as a misdemeanor, particularly when it is a second or subsequent offense. When you are convicted, you are subjected to:

• At most six months in county jail
• Up to a fine of $1,000
• Both jail and fine

But if you are a first-time offender and the situation is not serious, the court can lower the charge to an infraction, which means the fine will be lower, and there will be no jail term.

Driving on a Suspended or Revoked License, California VC 14601 / VC 14601.1

Driving on a suspended or revoked license is a grave offense in California. You may be subjected to severe criminal punishment following Vehicle Code 14601 or 14601.1 if you are caught driving a motor vehicle when your driving rights have been revoked. These laws are meant to prevent recurrent traffic offenses and safeguard the safety of the people.

The Reason Behind Suspension or Revocation of Licenses

There are numerous reasons why your California driver’s license can be suspended or revoked, including:

• Convictions of reckless driving
• Driving under the influence (DUI)
• Missing court or not paying a traffic fine
• The fact that the DMV has declared you a negligent operator as a result of an accumulation of DMV points
• Medical conditions that affect your safe driving

After you have been suspended, you are not allowed to drive until you meet all the requirements to have your license reinstated and cleared by the DMV.

What the Prosecutor Should Prove

To obtain a conviction for a VC 14601 or 14601.1 violation, the prosecutor must prove the following:

• You operated an automobile with a suspended or revoked license
• You were aware that your license was suspended or revoked

One of the essential aspects of the offense is knowledge. The court may find that you had constructive knowledge if:

• The DMV sent you a notice, or
• A judge or a police officer told you about the suspension.

But, if you did not receive the notice, for example, you changed your address and did not change it with the authorities, you could claim that you did not know, which is a legitimate defense in court.

Punishments Depending on the Cause of Suspension

Depending on the reasons why your license was suspended in the first place, the penalties you will have to face will be different:

• VC 14601, suspension due to reckless driving or DUI-related behavior:

• As much as 6 months in county jail
• A penalty of between $300 and $1000
• Informal probation
• Potential car seizure

• VC 14601.1, general suspension not explicitly related to reckless or DUI offenses:

• Up to 6 months in jail
• Fines from $300 to $1,000
• Additional penalties for repeat violations

Reckless Driving, California VC 23103

According to Vehicle Code 23103, reckless driving is the operation of a vehicle with a willful or wanton disregard for the safety of persons or property. This crime is not limited to freeways or congested urban roads. It also covers off-street parking lots and privately owned property accessible by the general population, like parking lots in shopping centers.

What Does the Offense Constitute?

To prove that you were guilty of reckless driving, prosecutors need to prove that you:

• Were driving a car.
• Did so in a willful disregard of the safety of others or property.

This may not imply that you meant to harm, but that you were aware that your actions were harmful, and you went ahead and did them. Examples include:

• Overspeeding in a congested place
• Driving through traffic in an aggressive way
• High-speed street racing or tailgating

It is not sufficient to engage in intentional actions such as speeding. The prosecution is, however, allowed to use speeding to demonstrate your carelessness regarding safety as an extension of the reckless manner.

Jurisdiction of the Law

VC 23103 is general in its application, and it includes the following:

• Highways or any publicly maintained and open road for vehicle travel
• Off-street parking, both public and privately owned parking lots, available to motorists

This implies you can be charged even when not using a conventional roadway.

Punishment for Reckless Driving

The fines depend on whether a person was hurt in the process:

• No injury, standard reckless driving:
  • The case was charged as a misdemeanor
  • 5 to 90 days imprisonment
  • Fines between 145 and $ 1,000
  • Potential suspension of license and two DMV points

• Injury to a passenger, pedestrian, or another driver:
  • Misdemeanor or felony (wobbler offense)
  • Minor injury (misdemeanor): 30 days to 6 months in jail
  • Serious injury (felony): up to 3 years in county jail
  • Fines as much as $10,000
  • Restitution and probation can also be given

Repeated offenses and aggravating circumstances, like reckless driving with prior DUI convictions, can lead to harsher sentencing.

Speed Contest / Exhibition of Speed, California VC 23109(a)

A speed contest, commonly known as an exhibition of speed, is a criminal offense under California Vehicle Code 23109(a). This legislation is aimed at drivers who participate in illegal street races, be it against another vehicle, the clock, or any other timing device. Racing is not the only illegal activity. The organization, assistance, or hindrance of traffic to such events is also subject to punishment under California law.

Elements of a Speed Contest Offense

A speed contest consists of the following:

• Competing with another car at high speeds
• Racing to win a time limit, such as drag racing
• Showing off by spinning tires or burning out
• Blocking streets or helping racers in any manner

Under VC 23109(b), liability is extended to spectators and organizers, which implies that you may be charged even though you were not driving.

Punishments of VC 23109(a) Violations

The fines are based on whether an individual was hurt in the illegal race:

• No One Was Injured (Misdemeanor):
  • County jail, 24 to 90 days
  • A penalty of $355 to $1000
  • Potential 40 hours of community service
  • 90-day to 6-month driver’s license restriction

• In case of Injury to Someone (Still a Misdemeanor):

• 4 days to 6 months in county jail
• A fine of between $500 and $1000
• Suspension or limitation of license for 6 months
• Victim compensation
• Probation conditions Possible

The prosecution can seek greater punishment or other charges if aggravating circumstances exist, such as previous crimes or bodily injury.

Evading a Police Officer, California VC 2800.1

According to California Vehicle Code 2800.1, willfully fleeing or trying to evade a police officer in pursuit is a criminal offense. This offense is used when a driver, aware that the police are pulling them over, intentionally attempts to evade the police instead of stopping.

Elements of the Crime

To obtain a conviction under VC 2800.1, the prosecution must establish the following:

• You were operating a motor vehicle.
• A peace officer was chasing you in a specially marked police car.
• The police officer had a distinctive police uniform.
• The police car was sounding a siren and flashing at least one red light that could be seen.
• You willingly ran away or tried another way to avoid the officer.

The charge cannot hold without one of these elements, particularly the uniform and visible red light.

Punishment for Evading an Officer

Avoiding a police officer is typically a misdemeanor, which carries a penalty of:

• Up to 1 year in county jail
• A fine of not more than $1,000
• Informal or summary probation
• Potential vehicle seizure
• Suspension of the driver’s license as a condition of probation

But the crime is worse when the evasion causes injury or death under VC 2800.2 and 2800.3, which can be charged as a felony with state prison.

Disobeying a Peace Officer, California VC 2800

According to California VC 2800, willfully failing or refusing to obey any lawful order, signal, or direction of a uniformed peace officer performing his or her duties is a criminal offense. The purpose of this law is to provide for the population’s safety and support law enforcement officers’ power to control traffic and keep order on the roads of California.

What Are the Elements of a Violation of VC 2800?

You can be charged VC 2800 in the case:

• You were lawfully ordered, signaled, or directed by a uniformed peace officer to stop, pull over, or move your vehicle, for example, to stop, pull over, or move your vehicle
• The officer was on duty, for example, during a traffic stop or an emergency
• You knowingly disobeyed or failed to obey that order

This statute covers all motorists, bicyclists, trucks, and pedestrians on the road or using the streets and highways. Failure to obey the hand signals, oral directions, or marked signs, such as roadblocks or detours of a traffic officer, may cause arrest under this section.

Punishment of VC 2800 Violations

Violating a peace officer under VC 2800 is punishable as a misdemeanor and can lead to:

• As much as 6 months in county jail
• A fine not exceeding $1,000
• Informal or summary probation
• Potential community service or traffic school

In other instances, a conviction can also add points to your DMV driving record, which can increase your insurance premiums and cause your license to be suspended if you accrue too many points.

Hit and Run, California VC 20002

According to California Vehicle Code Section 20002, failure to stop at the scene of an accident involving property damage (regardless of whether anyone was hurt) is a misdemeanor. California law obligates drivers to stop, exchange information, and report to authorities after an accident. Otherwise, it can cause severe legal and financial repercussions.

Elements of Hit and Run under VC 20002

A violation is made when:

• You get in an accident whereby you damage another person’s property, such as vehicles, buildings, fences, or mailboxes.
• You do not stop at the scene immediately and willingly.
• You do not present yourself to the property owner or another party.

Even when the owner is not present, for example, you hit a parked car, the law states that you must leave a note with your name, address, and vehicle registration number in a visible place and report the incident to law enforcement.

Responsibilities Following an Accident

In case of an accident resulting in damage to property:

• Move to the first safe place.
• Give the other party or property owner your name, address, driver’s license, and vehicle registration.
• Inform police if the owner is not found or if the local laws require it.
• Help in recording the accident when requested by the authorities.

The inability to meet any of these requirements can lead to a hit-and-run charge even though you might not be the one who caused the accident.

Punishments of VC 20002

Hit-and-run property damage is a misdemeanor and is punishable by the following possible penalties:

• As long as 6 months in county jail
• A penalty of not more than $1,000
• Compensation to the property owner for any damage done
• Two points on your DMV driving record
• They may also be put on probation, community service, or traffic school

These consequences can also increase insurance premiums and complications with future license renewals or background checks.

Vehicular Manslaughter, California PC 192(c)

California Penal Code Section 192(c) is a criminal offense that makes it unlawful to cause the death of another individual due to illegal or negligent driving, but without the intent to kill (malice). This crime is not the same as murder-it is not an intentional crime but a crime of negligence and is commonly brought up following a fatal traffic accident when there is reckless or careless conduct.

Vehicular Manslaughter Elements

Vehicular manslaughter is a crime that takes place when:

• You operate a motor vehicle carelessly or unlawfully
• Such behavior leads to the killing of another individual
• You were not malicious (that is, you did not mean to kill)

Vehicular manslaughter under PC 192(c) has three forms:

• PC 192(c)(1) Gross Negligence—Reckless disregard for human life in driving, for example, speeding in a school zone or racing on a freeway.
• PC 192(c)(2) Ordinary Negligence—Death due to routine negligence or misjudgment, for example, an unsafe left turn or failure to yield.
• PC 192(c)(3) Vehicular Manslaughter with Financial Gain—Killing in the process of deliberately causing a fatal accident while intentionally staging a crash to defraud an insurance company.

Factors that the Prosecution Has to Prove

To find you guilty of PC 192(c), the prosecutors have to prove:

• You were driving a car
• You either did an illegal act that was not a felony, or you unlawfully did a legal act
• Your actions amounted to gross or ordinary negligence
• You directly killed another person through your careless behavior

Punishments of Vehicular Manslaughter

Punishments are based on the level of negligence and the conditions of the crime:

• Misdemeanor (Ordinary Negligence – PC 192(c)(2)):

• As much as 1 year in county jail
• Fine not exceeding $1,000
• Summary probation
• Suspension of the DMV license

• Felony (Gross Negligence—PC 192(c)(1)):

• 2, 4, or 6 years in state prison
• Formal probation
• Significant fines
• Potential driver’s license suspension

Legal Defenses Against Driving Offense Charges

Just because you have been charged with a driving offense in California does not mean you are convicted. Most cases are based on factual misconceptions, inadequate evidence, or technicalities that, when adequately contested, can cause dismissed charges, lighter sentences, or trial acquittal. Some of the best legal defenses that your lawyer can use are as follows:

False Accusation or Mistaken Identity

Not all traffic stops involve trustworthy identification. Witnesses can mistakenly identify the driver or the vehicle during high-stress scenarios, particularly in incidents like hit-and-runs or irresponsible evasion. Police can also use wrong assumptions or low-quality surveillance videos.

Example: You are charged with reckless driving, yet someone had taken your car at the moment of the accident. A witness account or a general vehicle description might have resulted in a wrongful accusation.

As a defense strategy, your lawyer can present an alibi, surveillance video, or witness testimony to create reasonable doubt that you were the driver.

You Were Not Driving

In other instances, the prosecution must show that you were driving the car at the time of the crime. When they are unable to do so, the charges might not stick.

Example: A car is in an accident and left behind. You were discovered in the immediate area, but there is no direct proof that you were driving.

In court, during your defense, your attorney can claim insufficient evidence to prove that you were in the driver’s seat when the alleged crime occurred. This particularly applies to hit-and-run or DUI-related driving crime cases.

Necessity or Emergency Defense

The California law acknowledges instances when a traffic law can be violated to avoid a bigger evil. This is called the necessity defense, and it can be used when an individual commits a crime to combat an emergency.

Example: You drive at high speed or recklessly to get someone to the hospital in a life-threatening emergency.

When defending you, your lawyer should prove that you had no other legal option, the threat was imminent, and your actions were reasonably necessary given the situation.

Lack of Knowledge

In certain driving crimes, particularly driving on a suspended or revoked license (VC 14601), the state has to show that you were aware that your license was suspended.

Example: The DMV sent a suspension notice to an old address you never received. You did not know of any prohibition.

To defend you, your lawyer will be able to dispute the prosecution’s capacity to prove that you were duly notified. They cannot prove that you knew about the suspension, and the charge can be dropped or reduced.

Contact a Driving Crimes Defense Attorney Near Me

Driving offenses in California are serious and carry fines, imprisonment, license suspension for extended periods, and increased insurance premiums. Being charged with reckless driving, evading police, or driving a car without a valid license can ruin your future unless you take care of the situation. However, you do not need to fight them alone.

At CCLG: Los Angeles Criminal Attorney, we know how stressful it can be to be accused of a driving offense. Our legal team has years of court experience and a track record of fighting and winning cases like yours. Whether we are investigating the case or defending you in court, we develop a legal approach to safeguard your rights and reduce the consequences to your life.

Waiting is not an option when you have been charged with impaired driving. The earlier you speak to us, the sooner we can prepare your defense. Contact us at 323-922-3418 today to discuss your case confidentially and without obligation.