Charged with Driving on a Suspended License? Call 24/7 for a Free Consultation
If you have been arrested for driving on a suspended license in Vista or the rest of San Diego, you could face jail time, hefty fines, and an even longer license suspension. After personally representing clients in over 100 jury trials, Attorney Peter M. Liss has the experience needed to help fight criminal traffic charges like driving on a suspended license.
If you are accused of driving on a suspended license in Vista, please call (760) 643-4050 to schedule a free consultation to discuss your case with an experienced Vista criminal traffic crime attorney.
Understanding Driving on a Suspended License Charges in California
If you have had your driver’s license suspended or revoked, you might be tempted to drive, hoping your chances of getting caught will be slim. However, doing so puts you at risk of criminal and DMV penalties —even a lifetime license revocation in some cases.
California Vehicle Codes for Driving With a Suspended License
California has several Vehicle Code sections that make it a crime to drive while your driving privilege is suspended or revoked. The applicable section depends on the reason for the suspension or revocation. Here are the Vehicle Code sections used for suspended license violations:
- 14601 (VC):1 Driving while your license is suspended or revoked for certain reasons, including reckless driving or negligent operator status.
- 14601.2 (VC):2 Driving while your license is suspended or revoked because of a conviction for driving under the influence of alcohol or drugs.
- 14601.3 (VC):3 Driving while your license is suspended or revoked after being designated a habitual traffic offender.
- 14601.5 (VC):4 Driving while your license is suspended or revoked because of certain alcohol-related administrative actions, such as driving with a BAC over 0.08%, or implied-consent violations.
- 14601.1 (VC):5 Driving while your license is suspended or revoked for reasons not covered by the sections mentioned above.
Some common reasons licenses are suspended in California include:
- Certain drug crimes
- Being involved in an automobile accident without auto insurance6
- Forgetting to file an SR1 traffic collision report after an accident7
- Some status offenses in juvenile court8
- Medical conditions preventing you from driving safely9
- Neglecting to pay child support10
Driving on a Suspended License Vs. Driving Without a License
“Driving on a suspended license is a distinct crime from driving without ever having obtained a valid license,” explains attorney Peter Liss. California Vehicle Code 14601 (VC) and its related sections generally apply when a person’s driving privilege was previously valid but has been suspended or revoked. Vehicle Code 12500 (VC) addresses driving without a valid driver’s license, which is typically treated as a lesser crime.
Accused of driving without a license? Here’s how Peter Liss can help you fight charges for 12500 (VC).
Can a Lawyer Help With the Underlying License Suspension?
A criminal charge for driving on a suspended license is separate from the DMV license suspension action. Depending on the reason for the suspension, a criminal defense attorney, like Peter Liss, may be able to help you request a DMV hearing to challenge the suspension or seek reinstatement of your driving privileges if you win your criminal case.
Acting quickly is important because some DMV hearing deadlines are short.
Find out more about DMV license suspension hearings here.
Penalties for Driving on a Suspended License
Penalties for driving on a suspended license depend on the specific Vehicle Code section and the defendant’s criminal record. Some violations carry potential jail time and substantial fines, while repeat offenses can carry more severe penalties. Many of these crimes carry minimum penalties.
Specific penalties are as follows:
| Vehicle Code | First Offense Penalties | Repeat Offense Penalties |
|---|---|---|
| 14601 (VC) |
Minimum: 5 Days Maximum: 6 Months Fine: $300 – $1,000 |
Minimum: 10 Days Maximum: 6 Months Fine: $500 – $2,000 |
| 14601.1 (VC) |
Minimum: None Maximum: 6 Months Fine: $300 -$1,000 |
Minimum: 5 Days Maximum: 12 Months Fine: $500 – $2,000 |
| 14601.2 (VC) |
Minimum: 10 Days Maximum: 6 Months Fine: $300 – $1,000 |
Minimum: 30 Days Maximum: 12 Months Fine: $500 – $2,000 |
| 14601.3 (VC) |
Minimum: None Maximum: 30 Days Fine: Up to $1,000 |
Minimum: None Maximum: 180 Days Fine: Up to $2,000 |
| 14601.5 (VC) |
Minimum: None Maximum: 6 Months Fine: $300 -$1,000 |
Minimum: 10 Days Maximum: 12 Months Fine: $500 – $2,000 |
“Those charged under 14601.2 (VC) for driving on a suspended license after a DUI may also be forced to install an ignition interlock device in their vehicle,” says Liss.
DMV Consequences for Driving on a Suspended License
A conviction for driving on a suspended license can also affect your driving record. These charges typically add two points to your DMV record. “A driver who gets four points in a year, 6 points in 24 months, or 8 points in 36 months is considered a negligent operator and faces an additional DMV suspension,” explains Liss.11
Can I Get a Restricted License?
Many people charged with driving on a suspended license are ineligible for restricted licenses. Whether you qualify for a restricted license depends on the reason for your suspension and your individual driving record. An attorney can help determine whether you may qualify.
Permanent License Revocation for Habitual Traffic Offenders
If you have been declared a habitual traffic offender after several serious car accidents, moving citations, or automobile-related crimes and are then convicted for driving with a suspended license, you could have your driving privileges permanently revoked in California.
Your vehicle could also be subject to mandatory vehicle impoundment.
Common Defenses to Driving on a Suspended License Charges
Because the potential penalties for driving on a suspended license in California are so severe, it’s best to call a skilled criminal defense attorney as soon as possible to start fighting to protect your license, rights, and freedom. Your attorney’s knowledge of defenses, sentencing guidelines, and alternative sentencing options will be vital to obtaining the best possible outcome given your specific circumstances.
Each case requires a different defense, so never speak to the police without a lawyer present. Defenses that may apply to your case include:
Challenging Your Knowledge of the License Suspension
California courts presume a driver knew about a license suspension when the DMV properly mailed a suspension notice. In some cases, however, the circumstances surrounding notice can become an issue in the defense. For example, showing that you recently moved or contacted the police about recurrent mail theft could boost your defense.
Arguing Police Lacked Reasonable Suspicion
Whenever someone is charged with a crime after being arrested while driving, they can challenge the police officer’s motive for making the stop. If the officer lacked reasonable suspicion, this can be a defense against the charges.
“Unfortunately, this defense does not always apply in these cases because the US Supreme Court has held that an officer can pull a vehicle over based solely on the fact that the owner has a suspended license,” warns Liss.12 If you were pulled over while driving a company car or a vehicle belonging to a friend or family member, though, this defense could still work.
Proving You Actually Did Have a Valid License
Mistakes by government employees or computer systems can lead to wrongful charges. If you can show your license was actually valid at the time you were stopped, your lawyer can present this evidence to have the case dismissed.
Showing You Were Responding to an Emergency
If you were driving only because you were in a true, immediate emergency and had no alternative, this is a full defense to the charges.
Negotiating a Winning Plea Bargain
Depending on the circumstances of your case, the best course of action may be for your attorney to secure a plea bargain to minimize your sentencing. In some cases, he may even be able to have the charges reduced to an infraction or secure an alternate sentence to help you avoid jail.
Charges Related to Driving on a Suspended License
Many people accused of driving on a suspended license in California were stopped for another traffic crime. While Peter Liss does not represent clients accused of infractions, he can represent you against other misdemeanor or felony offenses, including:
Contact a Vista Suspended License Defense Attorney Today
Whatever the specifics of your case, an experienced defense lawyer can present your strongest defense. Attorney Peter M. Liss has over 40 years of experience. He can help you protect your freedom and driving privileges.
Call (760) 643-4050 today to start building your case.
Frequently Asked Questions About Driving on a Suspended License Charges in Vista, CA
Can You Drive to Work on a Suspended License?
No, if your license is suspended, you are not permitted to drive. However, some individuals may qualify for a restricted license that will allow them to drive to work, school, and court-mandated appointments.
Will I Go to Jail if I am Caught Driving on a Suspended License?
This offense is punishable by jail time, but not all offenders will be forced to spend time behind bars. In some cases, an attorney can have the charge reduced to an infraction or negotiate alternative sentencing options to help avoid jail time.
What Happens if I Keep Driving After my License is Suspended?
If you are caught, you could face up to six months in jail, fines of up to $1,000, and an extended period of license suspension. Specific penalties will vary based on the exact charges filed.
What Is Vehicle Code 14601.1 (VC)?
Licenses suspension codes are based on the specific reason an individual’s license has been suspended. For example, 14601 (VC) applies when someone was originally convicted of reckless driving and drunk driving license suspensions are covered under 14601.2 (VC). 14601.1 (VC) is a catchall code for licenses that were suspended for other reasons not covered by other codes.
Can I Get a Restricted License After a Suspended License Charge?
Most drivers who are convicted of driving on a suspended license will be ineligible for a restricted license, but it ultimately depends on the underlying reason for the license suspension. Your defense attorney can explain if you may qualify for a restraining license.
Will Driving on a Suspended License Add Points to My Record?
Yes. Driving on a suspended license typically adds two points to your DMV record.
Can I Lose My License for Failing to Pay Child Support in California?
Yes, failing to pay child support is grounds for license suspension in California. However, under a 2025 change to the law, this penalty will only apply to individuals earning more than 70% of their county’s median income, as determined by official county income statistics.
Legal References
- Vehicle Code 14601 (VC) (California Legislative Information) ↩︎
- Vehicle Code 14601.2 (VC) (California Legislative Information) ↩︎
- Vehicle Code 14601.3 (VC) (California Legislative Information) ↩︎
- Vehicle Code 14601.5 (VC) (California Legislative Information) ↩︎
- Vehicle Code 14601.1 (VC) (California Legislative Information) ↩︎
- Financial Responsibility, Insurance Requirements, and Collisions (California DMV) ↩︎
- SR-1, Report of Traffic Accident Occuring in California (California DMV) ↩︎
- Collateral Consequences of Juvenile Delinquency Proceedings in California (Pacific Juvenile Defender Center) ↩︎
- Medical Conditions and Driving (California DMV) ↩︎
- Driver’s License (CA Child Support Services) ↩︎
- Negligent Operator Action (California DMV) ↩︎
- Kansas v. Glover (Supreme Court of the United States) ↩︎
