Local Burbank, Glendale and Pasadena Lawyers to defend your Driving on a Supended License charge.
Driving on Suspended License Defense
California provides criminal sanctions for the act of driving while a
person's license has been suspended by the Department of Motor
Vehicles.  A person charged with this offense needs the assistance of a
criminal defense Lawyer due to the fact the crime often carries a
mandatory jail sentence if convicted.  Oftentimes an experienced local
attorney can negotiate with the city attorney and the Judge to allow a
deferred disposition.  A local lawyer can go to Court for the client and
resolve the case.
 Basically there are two types of driving on a
suspended license in this state, one involving a DUI and one involving a
suspension for any other reason, such as a failure to appear in Court or
having too many points.


Driving on a Suspended License Statutes are found in Vehicle Code
section 14601, the pertinent text of the codes are set forth as follows:
Vehicle Code section 14601.1. Driving when privilege suspended or
revoked

(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 i
n accordance with the applicable mailing
laws
. The presumption established by this subdivision is a presumption
affecting the burden of proof.


Any person convicted f
or Driving On A Suspended License in
California faces the following consequences
:
(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.
 It must be understood that in addition to these fines,
there are what is called "penalty assessments" that can quadruple the
base fines.

(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 off
street 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.

If the person's drivers license was suspended due to a DUI, a different
Code section applies, as follows:
Vehicle Code section 14601.2. Driving when privilege suspended or
revoked for driving under the influence

(a)  No person shall 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, no person shall 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 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
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 an 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 an 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 (g) of Section 13386
or the Judicial Council Form I.D. 100.
(i)  Nothing in this section prohibits 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.

If you or a loved one has been arrested for driving on a suspended
license in Burbank, call or contact us for a free consultation regarding
your options. For more information visit
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read articles and posts about issues such as driving on suspended license
consequences in California and what the penalties are for VC14601 and
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Toll Free at 1-877-617-4485
Matthew J. Ruff, Esq.
Attorney Matthew Ruff