When driving constitutes a criminal offense, you are no longer dealing with a traffic ticket. You could face a criminal charge. Driving on a suspended license could result in hefty fines, a long suspension of a license, and even jail terms. The legal system is often complex and intimidating, leaving people without options.
Several drivers do not even know that they have a suspended license, or do not know the gravity of the charges. Ignorance of the law is no defense. A conviction can affect your freedom, finances, and future in the long term. When you are charged with driving with a suspended license, you do not merely need legal advice, but a strategic partner who will be on your side and ensure that you do not suffer because of your expired license.
Call the team at CCLG: Los Angeles Criminal Attorney. We are committed to working with you to achieve the best legal outcome.
Typical Causes of Suspension of your California Driver’s License
A driver’s license can be suspended in California for many reasons. It is usually related to your driving history or the legal obligations. These are the most widespread causes:
- The Negligent Operator Treatment System (NOTS)
The California Department of Motor Vehicles (DMV) maintains the Negligent Operator Treatment System (NOTS) to monitor your driving performance. In NOTS, the license may be suspended should you earn too many points due to violations of the traffic rules during a given period. Points are assessed for speeding and at-fault accidents. You will have your license suspended when you receive:
- 4 points in 12 months
- 6 points in 24 months
- 8 points in 36 months
This system is designed to identify and punish drivers with a pattern of unsafe driving.
- A DUI Conviction
Your license will be automatically suspended if you are convicted of a DUI (Driving Under the Influence) as defined by the California Vehicle Code (CVC) 23152. The duration of this suspension varies according to whether it is your first, second, or subsequent offense. This administrative suspension is separate from the penalties imposed by a court.
- Refusing a Chemical Test
In case of a legal DUI arrest, the state has an implied consent law whereby you are required to submit to a breath or blood test to ascertain your blood alcohol concentration (BAC). In case you decline a chemical test, you will be subjected to an automatic, compulsory license suspension, even when you are not found guilty of DUI. Refusing a chemical test triggers an automatic administrative license suspension, regardless of whether you are ultimately convicted of DUI.
- Failing to Appear (FTA) in Court or Pay Fines
If you were given a traffic ticket and did not show up in court (FTA) or did not pay fines, the court may inform the DMV. This is called a CVC 40508 violation. To this end, the DMV will suspend your driver’s license pending the resolution of the issue with the court.
- Lack of Auto Insurance
Vehicle Code Section 16451 and Insurance Code Section 11580.1b require you to have liability auto insurance. Your license can be suspended if you are involved in an accident and are found to be uninsured, or if the DMV’s records show that your coverage has lapsed. Being uninsured when driving can place other people in financial jeopardy and may result in severe legal repercussions, including a license suspension.
- Failing to Pay Child Support
Your driver’s license can also be suspended when you are behind on child support payments. This suspension is required by Family Code sections 17500-17530 to enforce child support. The suspension is lifted as soon as you arrange with the Department of Child Support Services to pay the amount in arrears. This is not a driving-related cause of suspension, but it demonstrates how the DMV may be used to impose other legal and financial requirements.
What the Prosecution Must Prove in a Driving With a Suspended License Case
When facing a charge of driving on a suspended license in violation of CVC 14601, the prosecution bears the burden of proof. This means that the District Attorney’s office must demonstrate all the elements of the crime beyond a reasonable doubt to receive a conviction. If they cannot prove these factors, the case will be dismissed.
The prosecution should establish these three important elements:
- You Were Driving an Automobile on a Highway
This is the first aspect that is usually easy to demonstrate. It should be evident that you were operating a car, whether parked, moving, or idling, on a street, highway, or some other road. An officer’s testimony that they observed you driving is often sufficient evidence.
- The California Driver’s License Was Suspended or Revoked at the Moment
The prosecution should present physical evidence from the California Department of Motor Vehicles (DMV), which, in effect, showed that your license was suspended or revoked on the date and time of the alleged crime. This is generally done by showing your official DMV record in court.
- You Knew about the Suspension
Your knowledge about the suspension is the most vital and the most disputed factor. The prosecution should be able to demonstrate that you knew that you had suspended driving privileges. The knowledge can be established under the California Vehicle Code 14601.1(a). This statute describes the method of establishing this knowledge, drawing a line between actual knowledge and a legal term known as constructive knowledge:
- Actual knowledge—This is when you were personally notified of the suspension. This may be when a police officer or a judge handed you a physical notice of suspension. This personal notice can serve as direct evidence for the prosecution that you were aware of it.
- Constructive knowledge—The law assumes that you knew that you were suspended in case the DMV demonstrates that they sent an official notice to your last address on record. The court can assume that you knew, even though you did not open the letter, or when the letter was sent to an old address, which you failed to update with the DMV. It is your task to demonstrate that you lacked this knowledge, and at times it is challenging, but it is one of the primary elements of sustainable defense.
Your Punishment if Convicted of a CVC 14601 Violation
Driving on a suspended license conviction could result in hefty legal consequences that extend beyond a simple traffic ticket. Your punishment depends on which section of the California Vehicle Code (CVC) applies to your charge, with the most severe penalties imposed when you are found to have had your license suspended due to a DUI.
- Penalties for a Standard CVC 14601.1 Conviction
When you have suspended your license due to something other than a DUI, like a balance of negligent operator points, non-appearance in court, or defaulting on child support, you will be prosecuted under CVC 14601.1(a). It is a misdemeanor offense, and the results may include:
- Up to six months in a county jail
- A fine of up to $1,000, in addition to significant court fees and penalty assessments that can more than double the base fine
- You can get two to three years of informal probation. Violating this probation may lead to the imposition of the entire jail term.
- The conviction will add 2 points to your driving record, further complicating your driving privileges and raising your auto insurance rates.
- Penalties for a DUI-Related CVC 14601.2 Conviction
Penalties are far more serious if your license was suspended or revoked due to the conviction of DUI (according to CVC 23152 or 23153). A misdemeanor under CVC 14601.2 may carry a mandatory minimum jail sentence on first conviction, with longer terms for repeat offenses, namely:
- Mandatory jail time—There are at least 10 days on a first-time conviction, with a limit of six months. The minimum jail time increases to 30 days for a second offense within five years.
- A fine of up to $1,000, plus court fees and assessments
- Mandatory installation of an Ignition Interlock Device (IID) — A certified Ignition Interlock Device (IID) is a device that the court could order you to install on any vehicle you own or operate. This gadget expects you to give a breath sample to turn on the car and random ones while driving to ensure you are not driving under the influence of alcohol. The cost of installation and maintenance is the defendant’s responsibility.
- Probation—You will probably be put on informal probation of two to three years.
Vehicle Impoundment and Other Consequences
No matter which of the different CVC sections you are accused of, driving with a suspended license can have some immediate and expensive ramifications, namely:
- 30-Day vehicle impoundment—Under CVC 14602.6, law enforcement may impound your vehicle for 30 days if they arrest you for driving with a suspended or revoked license due to DUI, even if you are not the registered owner.
- Impound fees—The impound fees can be as much as thousands of dollars, including towing charges, storage charges per day, and an administrative fee charged by the law enforcement agency to release the vehicle. You have to pay these fees, and when you cannot pay them, the vehicle may be sold at a lien sale.
- Criminal record—A conviction under CVC 14601.1 or 14601.2 results in a misdemeanor on your permanent criminal record. This can have long-lasting effects on your life, including the inability to secure a job, rent a house, or even be given professional licenses.
Fighting a Driving With a Suspended License Charge
Fighting a suspended license charge requires you to challenge the elements that the prosecution must demonstrate. Your attorney will determine the appropriate defense after assessing the facts of your case. The right defense creates reasonable doubt, and any of the following strategies will:
- Challenging the “Knowledge” Element
The most effective defense strategy is to question the existence of your knowledge of the suspension of your license. Under California law, the prosecution can prove this knowledge by showing you were personally notified of the suspension or through a legal concept called “constructive knowledge.” This assumption of knowledge is present if the DMV has sent you a notice at your latest address on file.
However, this is not an ironclad defense for the prosecution. An experienced lawyer can address this by subpoenaing your DMV records to demonstrate that the notice was mailed to the wrong or outdated address or that the notice has not been duly dispatched. Your attorney can also dismantle the prosecution’s argument that you were aware of the suspension, a key element for a conviction.
- Challenging the Initial Traffic Stop
In addition to a direct assault on the evidence presented by the prosecution about what you knew about the suspension, a tactical defense can be based on the illegality of the original traffic stop that resulted in the charge. Law enforcement officers in California must have a constitutionally valid reason, known as “reasonable suspicion,” to pull over a vehicle.
When the police officer stops you and cannot provide a legitimate and articulable reason that they believe you are violating a law, you can argue through your attorney. The stop was unlawful under the Fourth Amendment of the U.S. Constitution. A lawyer will examine the testimony of the police officer and the police report, determining whether it is inconsistent or has no legal basis to stop.
For example, your lawyer may contest this evidence when the officer stated that you were speeding and the radar gun gave a faulty reading or was not calibrated. If the court establishes that the stop was unlawful, the court is then in a position to award a motion to suppress all evidence that was the immediate consequence of this illegal stop.
As a primary defense against government excess, this legal step aims to ensure that the police will not perform arbitrary or discriminatory stops. This means that evidence obtained during the illegal stop, like whether your driver has a license, would not be allowed in court. Without this critical evidence, the prosecution will likely not show you were driving on a suspended license. This defense focuses on the lawfulness of the police stop rather than the driving conduct itself, which may lead to suppression of evidence.
An effective suppression motion could result in outright dismissal of the CVC 14601 charge because the prosecutor is no longer in a position to continue in the absence of the suppressed evidence.
- Invalidating the Original Suspension
Other than a strong defense against a stop or your knowledge, another defense strategy would be invalidating the original suspension. An attorney can investigate the facts behind the initial suspension to determine that there might be clerical mistakes or procedural flaws committed by the court or DMV.
For example, when your license was suspended because you failed to appear in court, but you have evidence that you did so, the whole suspension will be invalid. If the suspension was premised on an error, you may insist that your license was valid at the moment of the stop, invalidating the core of the charge.
In extremely extraordinary circumstances and in particular situations, you could argue that you drove due to necessity to avert greater harm, like an actual medical emergency. However, this is hard to prove and is usually used as a last resort.
How to Get Your California License Reinstated
After your license suspension period ends, you do not automatically regain your driving privileges. To be put back on the road, you should go through a set of procedures that will meet all the court and the DMV criteria. This process involves a positive and proactive approach to regain your driving privileges.
- Identify All Holds and Suspensions
The most crucial and initial step is to identify why your license was suspended and what it holds in your record. California DMV provides you with your official driving record. This record will contain all pending matters, including unpaid fines, a failure to appear (FTA) in court, or an action that must be taken due to DUI.
It is important to know all the requirements since a DMV will not restore your license until all are met, although they may be on different legal issues.
- Fulfill All Court and Program Requirements
Once the cause of the suspension has been identified, you will be required to satisfy all the court-directed requirements. This involves the payment of all pending fines, clearance of all FTAs, and the completion of court-imposed programs. In the case of a DUI-related suspension, an individual will have to attend the necessary DUI school or alcohol and drug education. These courses require you to receive an official certificate. Hence, the DMV will demand that you hold a certificate, called a Notice of Completion, upon completing this requirement.
- Satisfy All DMV Requirements
After you have sorted out all the court matters, you start to pay attention to the specifics of the DMV. You must pay the reinstatement fee, which will vary according to the cause of suspension. A DUI-related suspension will incur a higher fee than a negligent operator’s. For a DUI-related suspension, you must complete the required DUI school or alcohol and drug education programs. You must obtain an official “Notice of Completion” from these courses, as the DMV requires this certificate to prove you have fulfilled the requirement.
- Obtain Proof of Reinstatement
The last thing involves ensuring that your license is officially reinstated, and you should not drive until you have this confirmation. Most of the steps can be done online or by mail. However, the process will often require a visit to a DMV office. Upon completing the requirements, your paperwork, and fees, the DMV will issue a temporary license or reinstatement confirmation.
Before you go back behind the wheel, it is important to receive this proof. Even after you are certain you have completed all the measures, driving without confirmed reinstatement may result in another charge of driving on a suspended license.
California Restricted Licenses
A restricted license in California is a critical alternative to a complete suspension, which permits you to drive within certain limits and for specific and essential reasons. This is also known as a hardship license. It is done to acknowledge that the loss of driving privileges can be a significant burden. It usually enables you to drive in and out of work, school, and court programs that are ordered, as well as other critical activities like medical appointments.
The factors contributing to eligibility for a restricted license rely on the cause of your suspension to a large extent. It is usually used when the first-time DUI offenders have already served the first obligatory suspension period. Nonetheless, this is not an option available in all types of suspensions, including refusal to take a chemical test or other non-DUI related offenses like failure to pay child support. To qualify, you should meet all the specific eligibility requirements set by the DMV and the court.
Application shall involve you taking the active steps with the California DMV:
- You must pay a reinstatement fee
- Submit evidence of enrollment in any required DUI programs
- You will be required to submit an SR-22 form to your insurance company and a certificate of financial responsibility
- Evidence showing that you have an Ignition Interlock Device installed on the vehicle
After satisfying all these conditions, the DMV can be in a position to issue the limited license, which allows you to resume limited driving.
Find a Criminal Defense Attorney Near Me
Driving on a suspended license under CVC 14601 may be charged as a misdemeanor or felony, depending on the circumstances. Nevertheless, you can take legal action to oppose the charge, whether by disputing the evidence used by the prosecution or proving an invalid underlying suspension. Working around the legal system and the DMV process is not easy, and the consequences of conviction are grave. The most important action you can undertake to defend your rights is scheduling an appointment with a qualified California traffic law lawyer.
At CCLG: Los Angeles Criminal Attorney, we will challenge the prosecution’s case, negotiate with the District Attorney on your behalf, and guide you through resolving the charge and getting your license back. Contact us at 323-922-3418 for a case assessment.
