In California, all forms of driving on a suspended license are illegal and involve criminal penalties. However, the state views driving on a suspended license as more serious if the license was originally suspended for DUI. This includes both DUI’s related to alcohol and those related to drugs.
California has similar provisions for those who drive on a license, are suspended for reckless driving, and are refusing a blood or breath test.
The penalties can be serious, so if you’ve been cited or arrested for a violation of CA Vehicle Code 14601.2 – Driving With a License Suspended For DUI, it is advisable to reach out to a Los Angeles DUI Lawyer as soon as possible. Let’s examine what this code means and how it may apply to your situation.
What Is CA Vehicle Code 14601.2?
The code reads:
14601.2 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.
If you are dealing with these charges, it is advisable to contact a criminal defense law firm and begin working with a DUI attorney right away.
What Are the Penalties for Driving With a License Suspended For DUI?
The penalties for VC 14601.2 are steep. They include:
- Jail time lasting from 10 days to six months
- $300 to $1,000 in fines, plus administrative fees
- Probation for three to five years
- You may be required to install an ignition interlock device on your car
Second Offense Penalties (within 5 years)
The penalties are even tougher if it was your second or third DUI.
If convicted of a second VC 14601(a) offense within 5 years of the first, the penalties could increase to:
- Up to 1 year in county jail
- A maximum $2,000 fine
- Probation is less likely to be granted
Additional Penalties
Along with the fines and potential jail time, a conviction can also bring:
- An additional six-month driver’s license suspension
- Points on the driving record (which can lead to a negligent operator suspension if enough points accumulate)
- Increased insurance rates due to the violation on the driving record
The judge has the discretion to impose sentencing alternatives like community service, DUI school, or vehicle impoundment as well.
Driving on a suspended license also counts as a violation of your probation for your original DUI. You may face additional penalties for that charge, such as serving jail time that was originally waived.
What If I Didn’t Know My License Was Suspended?
It is important for drivers to be aware that they must have knowledge of their license suspension in order to be guilty under Vehicle Code 14601.2. This means that if you were not informed or were unaware that your license had been suspended, it can serve as a legal defense in court.
Under this code section, “knowledge” of a suspension is presumed if the DMV has mailed a notice of suspension. To argue against this presumption and show that you had no knowledge of your suspended license, you must prove that the DMV failed to mail the applicable notice.
It is essential to stay updated on the status of your driver’s license and any potential suspensions, as ignorance of the law is not an excuse when facing charges related to driving with a suspended license.
What if I Wasn’t Actually Driving the Car?
The burden is on the prosecution to prove beyond a reasonable doubt that you were operating the vehicle on a highway or road at the time. If you were sitting in the car with the engine turned off, you may be able to fight the charge.
Police Observations
How the police described your situation and actions in their report will be crucial. If they did not witness you actually driving, it strengthens your defense.
Other Evidence
Additional evidence like surveillance footage, witness testimony about your lack of driving, the vehicle’s location when contacted, and whether the car was drivable can all support your defense.
An experienced defense lawyer will know how to effectively raise and argue this defense based on the specific facts of your case. If reasonable doubt exists about actual driving, you may avoid a VC 14601(a) conviction.
Contact a Los Angeles DUI Lawyer for a Free Consultation Today
If you are facing charges under California Vehicle Code Section 14601.2 for driving with a suspended license due to a DUI conviction, speak with a knowledgeable criminal defense lawyer as soon as possible. The consequences of being convicted of this offense can be severe and may include jail time, fines, and an extension of your license suspension.
The Los Angeles DUI Attorneys can help you understand your legal rights and options for defending against these charges. We have years of experience handling cases involving VC 14601.2 accusations.
We will work to protect your rights and provide you with a strong defense in court. Contact us today for a free consultation to discuss your case and learn how we can help you through the legal process. Don’t wait – let us fight for you and work towards achieving the best possible outcome for your situation.
