El Dorado County – Driving on a Suspended License

Many people arrested for DUI’s are driving on a suspended license.  This will increase the punishment and fines and fees when added to the punishment in the underlying DUI case.  Most driving on suspended license charges are misdemeanors but some can be reduced to infractions. Driving on suspended license misdemeanors are 2 points and usually result in informal probation for up to 3 years.   

Driving on a Suspended License Defense – Lack of Knowledge

To prove a driving on a suspended license violation, the prosecutor must prove not just that your license was suspended but also that you knew it was suspended.  This is often difficult for the prosecutor to prove.  Maybe your notice of suspension was mailed to an old address or got lost. Maybe you were never actually told of your suspension by a judge or law enforcement officer. These are defenses that a good criminal defense lawyer knows how to present to get the charges dismissed or reduced. 

Reduced Charges – VC12500 Infraction 

In many cases, a driving on a suspended license case can be negotiated down to a CVC12500 infraction – driving with no license in possession.  This is a no point offense with no probation no time and only a fine of approximately $250. 

Driving on a Suspended License VC14601.1 – Reduced to Infraction    

Pursuant to Penal Code Section 19.8, a violation of 14601.1 can either be charged as a misdemeanor or as an infraction. If it is charged as an infraction, the maximum fine is $250.  There is no jail time associated with an infraction and no probation.  In many cases, a driving on a suspended license can be reduced to an infraction.     

Driving on a Suspended License VC14601 – Reckless Driving 

No person shall drive a motor vehicle at any time when that person’s driving privilege is suspended or revoked for reckless driving or negligent operation if the person driving has knowledge of the suspension or revocation. Knowledge shall be conclusively presumed if mailed notice has been given by the DMV. The presumption is a presumption affecting the burden of proof.

Driving on a Suspended License VC14601 – Punishment

Upon a first conviction, by imprisonment in a county jail for not less than 5 days or more than 6 months and by a fine of not less than $300 or more than $1,000.  If the offense occurred within five years of a prior offense that resulted in a conviction of a violation of this section or Section 14601.1, 14601.2, or 14601.5, by imprisonment in a county jail for not less than 10 days or more than 1 year and by a fine of not less than $500 or more than $2,000.  Probation may be ordered for a period of 3 years.  If a reduction of a 14601.2 to a 14601 is allowed in the interest of justice, the court may order an IID for up to 3 years. 

Driving on a Suspended License VC14601.1

No person shall drive a motor vehicle when his or her driving privilege is suspended or revoked for any reason other than those listed in Section 14601, 14601.2, or 14601.5, if the person so driving has knowledge of the suspension or revocation. Knowledge shall be conclusively presumed if mailed notice has been given by the DMV to the person.  The presumption established by this subdivision is a presumption affecting the burden of proof.

Driving on a Suspended License VC14601.1 – Punishment

Upon a first conviction, by imprisonment in a county jail for not more than 6 months and by a fine of not less than $300 or more than $1,000.  If the offense occurred within five years of a prior offense that resulted in a conviction of a violation of this section or Section 14601.1, 14601.2, or 14601.5, by imprisonment in a county jail for not less than 5 days or more than 1 year and by a fine of not less than $500 or more than $2,000.  Probation may be ordered for a period of 3 years.  If a reduction of a 14601.2 to a 14601 is allowed in the interest of justice, the court may order an IID for up to 3 years. 

Employment Exception VC14601, VC1460.1 

Nothing in this section prohibits a person from driving a motor vehicle, that is owned or utilized by the person’s employer, during the course of employment on private property that is owned or utilized by the employer, except an off-street parking facility as defined in subdivision (c) of Section 12500.

Driving on a Suspended License VC14601.2 – DUI Suspension   

A person shall not drive a motor vehicle at any time when that person’s driving privilege is suspended or revoked for a conviction of a violation of Section 23152 or 23153 if the person driving has knowledge of the suspension or revocation.  Except in full compliance with the restriction, a person shall not drive a motor vehicle at any time when that person’s driving privilege is restricted if the person so driving has knowledge of the restriction.  Knowledge shall be conclusively presumed if mailed notice has been given by the DMV to the person.  The presumption established by this subdivision is a presumption affecting the burden of proof.

Driving on a Suspended License VC14601.2 Punishment

Upon a first conviction, by imprisonment in a county jail for not less than 10 days or more than 6 months and by a fine of not less than $300 or more than $1,000.  If the offense occurred within five years of a prior offense that resulted in a conviction of a violation of this section or Section 14601.1, 14601.2, or 14601.5, by imprisonment in a county jail for not less than 30 days or more than 1 year and by a fine of not less than $500 or more than $2,000.  Probation may be ordered for a period of 3 years. 

Driving on a Suspended License VC14601.2 – IID Requirement

The court shall require a person convicted of a violation of VC14601.2 to install an ignition interlock device on a vehicle the person owns or operates. Upon receipt of the abstract of a conviction under this section, the department shall not reinstate the privilege to operate a motor vehicle until the department receives proof of installation of an interlock device. 

Employment Exception VC14601.2   

This section does not prohibit a person who is participating in, or has completed, an alcohol or drug rehabilitation program from driving a motor vehicle that is owned or utilized by the person’s employer, during the course of employment on private property that is owned or utilized by the employer, except an off-street parking facility, as defined in subdivision (c) of Section 12500.

You don’t have to plead guilty, contact our office today for a free same day consultation

Because you have so much to lose, you need the most experienced and aggressive Defense attorneys on your side.  Whether it’s defending you in trial or negotiating for dismissal, you can count on us.  Our experienced and aggressive negotiating efforts usually result in better outcomes for our clients including reduced charges, lesser jail days, and smaller fines.  Call our office today at (916) 939-3900 or (530) 621-1800 to speak directly to an attorney about your El Dorado County case.  We are open 24/7/365 to answer your questions.       

Vehicle Code Section 14601  

(a) No person shall drive a motor vehicle at any time when that person’s driving privilege is suspended or revoked for reckless driving in violation of Section 23103, 23104, or 23105, any reason listed in subdivision (a) or (c) of Section 12806 authorizing the department to refuse to issue a license, negligent or incompetent operation of a motor vehicle as prescribed in subdivision (e) of Section 12809, or negligent operation as prescribed in Section 12810.5, if the person so driving has knowledge of the suspension or revocation. Knowledge shall be conclusively presumed if mailed notice has been given by the department to the person pursuant to Section 13106. The presumption established by this subdivision is a presumption affecting the burden of proof.

(b)  A person convicted under this section shall be punished as follows:

(1) Upon a first conviction, by imprisonment in a county jail for not less than five days or more than six months and by a fine of not less than three hundred dollars ($300) or more than one thousand dollars ($1,000).

(2) If the offense occurred within five years of a prior offense that resulted in a conviction of a violation of this section or Section 14601.1, 14601.2, or 14601.5, by imprisonment in a county jail for not less than 10 days or more than one year and by a fine of not less than five hundred dollars ($500) or more than two thousand dollars ($2,000).

(c) If the offense occurred within five years of a prior offense that resulted in a conviction of a violation of this section or Section 14601.1, 14601.2, or 14601.5, and is granted probation, the court shall impose as a condition of probation that the person be confined in a county jail for at least 10 days.

(d) Nothing in this section prohibits a person from driving a motor vehicle, that is owned or utilized by the person’s employer, during the course of employment on private property that is owned or utilized by the employer, except an offstreet parking facility as defined in subdivision (c) of Section 12500.

(e) When the prosecution agrees to a plea of guilty or nolo contendere to a charge of a violation of this section in satisfaction of, or as a substitute for, an original charge of a violation of Section 14601.2, and the court accepts that plea, except, in the interest of justice, when the court finds it would be inappropriate, the court shall, pursuant to Section 23575, require the person convicted, in addition to any other requirements, to install a certified ignition interlock device on any vehicle that the person owns or operates for a period not to exceed three years.

(f) This section also applies to the operation of an off-highway motor vehicle on those lands to which the Chappie-Z’berg Off-Highway Motor Vehicle Law of 1971 (Division 16.5 (commencing with Section 38000)) applies as to off-highway motor vehicles, as described in Section 38001.

Vehicle Code Section 14601.1.  

(a) No person shall drive a motor vehicle when his or her driving privilege is suspended or revoked for any reason other than those listed in Section 14601, 14601.2, or 14601.5, if the person so driving has knowledge of the suspension or revocation. Knowledge shall be conclusively presumed if mailed notice has been given by the department to the person pursuant to Section 13106. The presumption established by this subdivision is a presumption affecting the burden of proof.

(b) Any person convicted under this section shall be punished as follows:

(1) Upon a first conviction, by imprisonment in the county jail for not more than six months or by a fine of not less than three hundred dollars ($300) or more than one thousand dollars ($1,000), or by both that fine and imprisonment.

(2) If the offense occurred within five years of a prior offense which resulted in a conviction of a violation of this section or Section 14601, 14601.2, or 14601.5, by imprisonment in the county jail for not less than five days or more than one year and by a fine of not less than five hundred dollars ($500) or more than two thousand dollars ($2,000).

(c) Nothing in this section prohibits a person from driving a motor vehicle, which is owned or utilized by the person’s employer, during the course of employment on private property which is owned or utilized by the employer, except an offstreet parking facility as defined in subdivision (d) of Section 12500.

(d) When the prosecution agrees to a plea of guilty or nolo contendere to a charge of a violation of this section in satisfaction of, or as a substitute for, an original charge of a violation of Section 14601.2, and the court accepts that plea, except, in the interest of justice, when the court finds it would be inappropriate, the court shall, pursuant to Section 23575, require the person convicted, in addition to any other requirements, to install a certified ignition interlock device on any vehicle that the person owns or operates for a period not to exceed three years.

(e) This section also applies to the operation of an off-highway motor vehicle on those lands to which the Chappie-Z’berg Off-Highway Motor Vehicle Law of 1971 (Division 16.5 (commencing with Section 38000)) applies as to off-highway motor vehicles, as described in Section 38001.

Vehicle Code Section 14601.2.  

(a) A person shall not drive a motor vehicle at any time when that person’s driving privilege is suspended or revoked for a conviction of a violation of Section 23152 or 23153 if the person so driving has knowledge of the suspension or revocation.

(b) Except in full compliance with the restriction, a person shall not drive a motor vehicle at any time when that person’s driving privilege is restricted if the person so driving has knowledge of the restriction.

(c) Knowledge of the suspension or revocation of the driving privilege shall be conclusively presumed if mailed notice has been given by the department to the person pursuant to Section 13106. Knowledge of the restriction of the driving privilege shall be presumed if notice has been given by the court to the person. The presumption established by this subdivision is a presumption affecting the burden of proof.

(d) A person convicted of a violation of this section shall be punished as follows:

(1) Upon a first conviction, by imprisonment in the county jail for not less than 10 days or more than six months and by a fine of not less than three hundred dollars ($300) or more than one thousand dollars ($1,000), unless the person has been designated a habitual traffic offender under subdivision (b) of Section 23546, subdivision (b) of Section 23550, or subdivision (d) of Section 23550.5, in which case the person, in addition, shall be sentenced as provided in paragraph (3) of subdivision (e) of Section 14601.3.

(2) If the offense occurred within five years of a prior offense that resulted in a conviction of a violation of this section or Section 14601, 14601.1, or 14601.5, by imprisonment in the county jail for not less than 30 days or more than one year and by a fine of not less than five hundred dollars ($500) or more than two thousand dollars ($2,000), unless the person has been designated a habitual traffic offender under subdivision (b) of Section 23546, subdivision (b) of Section 23550, or subdivision (d) of Section 23550.5, in which case the person, in addition, shall be sentenced as provided in paragraph (3) of subdivision (e) of Section 14601.3.

(e) If a person is convicted of a first offense under this section and is granted probation, the court shall impose as a condition of probation that the person be confined in the county jail for at least 10 days.

(f) If the offense occurred within five years of a prior offense that resulted in a conviction of a violation of this section or Section 14601, 14601.1, or 14601.5 and is granted probation, the court shall impose as a condition of probation that the person be confined in the county jail for at least 30 days.

(g) If a person is convicted of a second or subsequent offense that results in a conviction of this section within seven years, but over five years, of a prior offense that resulted in a conviction of a violation of this section or Section 14601, 14601.1, or 14601.5 and is granted probation, the court shall impose as a condition of probation that the person be confined in the county jail for at least 10 days.

(h) Pursuant to Section 23575, the court shall require a person convicted of a violation of this section to install a certified ignition interlock device on a vehicle the person owns or operates. Upon receipt of the abstract of a conviction under this section, the department shall not reinstate the privilege to operate a motor vehicle until the department receives proof of either the “Verification of Installation” form as described in paragraph (2) of subdivision (h) of Section 13386 or the Judicial Council Form I.D. 100.

(i) This section does not prohibit a person who is participating in, or has completed, an alcohol or drug rehabilitation program from driving a motor vehicle that is owned or utilized by the person’s employer, during the course of employment on private property that is owned or utilized by the employer, except an offstreet parking facility, as defined in subdivision (c) of Section 12500.

(j) This section also applies to the operation of an off-highway motor vehicle on those lands that the Chappie-Z’berg Off-Highway Motor Vehicle Law of 1971 (Division 16.5 (commencing with Section 38000)) applies as to off-highway motor vehicles, as described in Section 38001.

(k) If Section 23573 is applicable, then subdivision (h) is not applicable.