Vista Driving on a Suspended License 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 jail time, hefty fines, and an even longer license suspension —even a lifetime license revocation in some cases.

While the specific penalties can vary based on the reason for your license suspension, the bottom line is that anyone charged with driving on a suspended license should immediately contact an experienced defense attorney like Peter M. Liss.

Specific Driving on a Suspended License Penal Codes

The reason your license was suspended determines which charge you will face and what penalties may apply. Here are the vehicle codes used for suspended license violations, along with the related reasons someone’s license may be suspended:

• 14601 (VC) -Reckless driving and Negligent Operator: Covering reckless driving and negligent operator status, caused by racking up too many points on your DMV record.²
• 14601.2 (VC) -DUI: One of the most common versions of this offense, this code covers drivers who lost their license after driving under the influence of alcohol or drugs.³
• 14601.3 (VC) -Habitual Offenders: For individuals labeled as habitual offenders after accumulating multiple convictions or accidents.⁴
• 14601.5 (VC) -Implied Consent: Applied to drivers who have violated the implied consent law or been caught with a BAC above the legal limit.⁵
• 14601.1 (VC) -All Other Offenses: Any license suspension not explicitly covered by the above sections is covered here, including those resulting from:

• Certain Drug Crimes
• Involvement in a Car Accident Without Auto Insurance⁶
• Forgetting to File an SR1 Traffic Collision Report After an Accident⁷
• Status Offenses in Juvenile Court⁸
• Medical Conditions Preventing You From Driving Safely⁹
• Neglecting to Pay Child Support¹⁰
• Vehicular Homicide¹¹

Driving on a Suspended License Vs. Driving Without a License

These charges only apply to those who had a valid license suspended or revoked. The act of driving without first obtaining a valid license is a less serious offense.

Accused of driving without a license? Here’s how Peter Liss can help you fight charges for 12500 (VC).

Common Defenses to Driving on a Suspended License Charges

Regardless of why you lost your license, call a lawyer as soon as possible after you have been caught driving on a suspended license. Each case requires a different defense, so never speak to the police without an attorney present. Defenses that may apply to your case include:

Challenging Your Knowledge of the License Suspension

The court considers receiving a notice of suspension from the DMV as proof that you knew about your suspension. However, in some cases, this knowledge can be contested—for example, if you never actually received the notice.

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 strong defense against the charges.

Unfortunately, this defense is more difficult in these cases because the US Supreme Court has held that an officer can pull a vehicle over based on the fact that the owner has a suspended license.¹⁴ If you were pulled over 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 only driving because you were in a true, immediate emergency and there was 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.

Call an Attorney Today

Whatever the specifics of your case, you will have a better outcome after working with an experienced defense lawyer. Attorney Peter M. Liss has over 40 years of experience and he can help avoid further legal consequences.