07 Oct 22
Driving your vehicle on a suspended license in California is a criminal offense. The offense attracts severe penalties, jail terms, and further license suspension, among other great penalties. The penalties change based on several factors, like your past criminal conviction, whether you are a first-time offender, and whether you are a habitual offender.
Since the charges are severe, you want to seek legal help immediately after the police arrest you for driving on a suspended license. However, hiring a criminal defense attorney and defending yourself might be expensive. The attorney will help you fight the huge charges.
The attorney will also help you have your driver’s license reinstated. Note that you must meet the requirements and pay the legal fee. You can enjoy your driving privileges if you reinstate your driver’s license. The following are the consequences you will face when law enforcement officers arrest you while driving on a suspended license.
Possible Punishment and Penalties
Every subsection of VC 14601 carries different punishments. The court considers a series of factors, including the nature of the case and your past criminal history. The court will enhance the conviction if you drive a vehicle with a suspended license within seven years of the initial crime.
The penalties differ depending on the reasons behind the license suspension. Note that the punishment and penalties are strict for habitual offenders, vehicular manslaughter, and DUI cases. The possible penalties for driving on a suspended license include:
- When the court suspends the court due to a DUI offense, you will remain in a county jail for ten days to six months. You will also be fined between $300 and $1,000, and you will have to install an ID device in your vehicle.
- If DMV suspends your license for negligence actions like overspeeding and violating traffic rules, you will be fined between $300 and $1,000. You will also remain behind bars for between five days and six months.
- The IID devices were introduced to help minimize the cases of DUI. Therefore, once the DMV suspends your driving license, the law requires you to install the IID device. The device acts as a mini breathalyzer to ensure you do not operate the vehicle until you submit to an alcohol test.
What to Expect if Facing Charges for Driving on a Suspended License
The timeline set by the DMV to receive your driving privileges ranges from four weeks to one year. Apart from the suspension of your driver’s license, the law will require you to attend compulsory courses. Ensure you hire an attorney to help you fight the severe charges for violating VC 14601. The attorney will play a major role in helping you reinstate your driving privileges.
It would help if you were prepared to walk in and out of the court as your case proceeds. Remember, the DMV reinstates the driver’s driving privileges. The legal process for your reinstatement requires you to pay fines and provide proof of insurance. By working with a well-skilled lawyer, you understand the available options for driving on a suspended license. Ensure you disclose everything to your attorney, even if the court has already sealed your past criminal conviction.
Note that driving on a suspended license involves two main elements:
- The first element is that you operated a vehicle with a suspended license.
- The second element is that you knew you were driving on a suspended license.
Before the court imposes the penalties for violating VC 14601, the prosecutor must prove the elements of the crime. The DMV may suspend your license due to alcohol abuse and reckless driving. The same may occur when the driver has been declared negligent or incompetent to drive. The main common cause of the offense is reckless driving.
To avoid the hectic penalties for license suspension, you must reinstate your driving license with the DMV. Also, ensure you follow all the requirements while reinstating the license. Remember that license reinstatement requirements vary based on the reason for the suspension.
It would be best if you were also prepared to hire a criminal defense attorney. The attorney will help you fight the charge. Before you choose an attorney to work with, ensure you go for the best attorney. Who is the best criminal defense attorney? A well-skilled and experienced criminal defense attorney is highly favorable.
License Suspension for Certain Offenses
The DMV might suspend your license for certain crimes. The law prohibits you from operating a motor vehicle while under the influence of drugs. The specific offense that might lead to your license suspension includes reckless driving. The DMV might also suspend your license if you have a physical or mental condition.
So, when law enforcement officers find you driving a vehicle with a suspended license, you will face the penalties outlined. Speak with your attorney to help you learn and understand whether your offense meets the requirements for license suspension. If your license is suspended, the attorney will help you know what to do next.
License Suspension for Failure to Submit to Chemical Test
DMV may suspend your driver’s license when you refuse to submit for a chemical, breath, urine, or test. While serving probation, you might lose your license when you refuse to offer a chemical test. If you are below 21 years and have a BAC level above 0.01%, the Department of a Motor Vehicle may suspend your license when you are pulled over for drunk driving. If this is your case, you will face additional penalties for driving on suspended license charges.
License Suspension for General Cases
Under VC 14601.1, the law warns motorists from driving their vehicles when their driving privileges are suspended. The court can hold you guilty of the crime if you know you are operating the car on a suspended license. The statute also suggests that the department of motor vehicles issue you with a notice of license suspension. Your attorney can also help you understand the crimes classified as general offenses.
License Suspension for DUI Offenders
According to VC 14601.2, driving with a suspended license is a criminal offense. Although a DUI conviction itself can lead to license suspension, driving on a suspended license while under the influence of alcohol attracts severe charges. Therefore, a DUI charge leads to a license suspension in the following situations:
- Operating a vehicle with a BAC reading of above 0.08%
- Driving a car while under the influence of controlled substances
- DUI leading to injuries
License Suspension for Habitual Offenders
Who is a regular or habitual offender in California? The court might name you a habitual offender when the DMV suspends your license within a year of your initial license suspension. The court has several ways to punish you as a habitual offender. You might also become a habitual offender in a situation where you are driving on a suspended license and have an accident. So, you might face charges of being a habitual offender when you commit any of the following within a year:
- DMV had suspended your license, and you had committed other serious offenses like hit and run and DUI.
- The motor vehicle department suspended your license because you committed three less severe crimes, like speeding or running a stop sign.
- The DMV had suspended your license, but you had three other traffic accidents causing serious injuries.
- Your license was suspended, and you committed a combination of violating traffic rules and causing traffic accidents.
If you are a habitual offender, you risk facing serious penalties. A first-time offender faces the following penalties:
- Fine of up to $1,000
- 1-month jail term
- Probation for 36 months
Repeat offenders face the following penalties:
- Fine not exceeding $2,000
- Six months jail term
- Three years of probation
Remember, these penalties are in addition to your initial DUI penalties. You will also face additional penalties when the police arrest you while driving on a suspended license. But the habitual offender also has an opportunity to fight the charge. A good and well-experienced attorney can help you fight the charge. Also, the attorney can convince the court to reduce the charge to a less severe crime.
The Cost of Reinstating Your Driver’s License
Remember, a license suspension in California is a temporary revocation of your privileges to drive your car because of violating certain regulations and laws. Alternatively, the court will permanently revoke your license when you severely break the state’s laws.
Most cases are an accumulation of too many tickets or unpaid tickets. Tickets include moving violations, operating your vehicle while impaired, and causing accidents. Your license might even be suspended because of unpaid child support or taxes.
The law requires you to wait until the suspension duration elapses before you seek to reinstate your license. Primarily, the timeframe occurs as follows:
After the license suspension period elapses, you may pursue your license reinstatement.
In California, license reinstatement is not automatic, meaning the law requires you to apply for your driver’s license reinstatement and restore your privileges. You should also adhere to the licensing procedure, which differs according to the reasons for the license suspension.
How do you reinstate your suspended license? The first thing you want to do is examine the main reasons for your license suspension. In California, license reinstatement processes vary based on the nature of the case. You want to follow the following steps when reinstating your driver’s license:
Wait for the License Suspension Period to Pass
You have several possible ways to work out your suspension, but you can do nothing until the first four weeks of the suspension elapses. Remember that one month is compulsory, meaning you must adhere to the law. When you think the license suspension is illegal, you might ask for a hearing with the department of Motor Vehicles within the first ten days of obtaining the suspension order. The hearing will, however, not determine if you are guilty or innocent of a moving violation, but the department might agree to reverse the suspension for the time being.
Request for a Restricted License
What is a restricted license, and when should you obtain one? As you wait for the general license suspension, you or your attorney may apply and seek to obtain a restricted license. For you to obtain the license:
- Pay the required re-issuance fee
- Apply for the restricted license at DMV
- Show evidence of financial responsibility
Have Updated Auto Insurance and Submit the Necessary Document to the DMV Offices
The court cannot allow you to reinstate your license unless you have evidence of updated auto insurance. Alternatively, you want to submit the paperwork seeking to reinstate your license to the local DMV offices. You should also include legal auto insurance.
Pay the Legal Fee
The last step in reinstating your license is paying the necessary fee. Note the fee may vary based on the nature of the case. In California, the potential reinstatement fee is usually $55. DMV also charge reinstatement fee as follows:
- Court restriction $15
- Drug suspension $24
- Removing license restriction of $20
Also, the legal process for reinstating your license varies depending on the reasons behind your suspension. Ensure you work closely with your attorney to provide legal help throughout the legal process. Working alone will only worsen your case. A skilled and experienced attorney is the best choice.
Reinstating a Commercial Driving License After License Suspension
You can reinstate your commercial driving license in several ways. But it would help if you met the necessary conditions. So, you want to do the following:
- Clear your suspension license
- Appear for your DMV hearing
- Pay the necessary reinstatement fines and fees
- Attend the court classes as ordered
Although the law requires you to qualify for license reinstatement, the law requires you to serve the general period before you obtain your license. Clear off the fee. You can apply for a fresh license if your license has been degraded from commercial to non-commercial or regular.
Usually, the reinstatement fee varies based on the reinstatement request and the reason behind the disqualification. For example, removing the restrictions will cost $20, license re-issuance $55, court restriction $15, suspension by APS $100, and if you have a drug-related offense, you will pay $24.
The Cost of Hiring a Criminal Defense Attorney
The costs you incur while hiring a criminal defense attorney vary based on how they are experienced and the time taken to resolve your case. In many cases, the attorney charges per hour. Working with an attorney is much better than handling a criminal case alone. In many cases, the attorneys do not charge a consultation fee. However, the attorneys play a crucial part in ensuring you fight the charge. After investigating your case, the judge develops strong defense mechanisms to help fight the charge. In the driver’s license suspension case, the attorney might use the following defenses to defend your rights.
You were Unaware About License Suspension
Remember, before you face charges for driving on a suspended license, the prosecutor must prove you were aware of the license suspension. The crime will rotate around the aspect of knowledge. But your criminal defense attorney may argue you were unaware of the license suspension. If the DMV claims they emailed you, your criminal defense attorney may argue you had already changed your address by the time the DMV sent you the notice.
Invalid License Suspension
You only face charges for driving on a suspended license when the suspension is valid, meaning when the license suspension is invalid, you cannot face conviction for driving on a suspended license. So, let your attorney know about the charge earlier enough to have enough time to develop the defense.
Restricted License
After the DMV suspends your license, you might still acquire a restricted license. You must present valid reasons why you want to obtain the restricted license. When the Department of Motor Vehicles grants you a restricted license, you can comfortably drive to school or work. Also, you will be free to drive to any part the court has allowed you to. So, when your attorney claims you had a restricted license during your arrest, this can be a valid defense.
Plea Bargain
Sometimes the court may decide to reduce the charge to a less severe offense. A lesser crime may include driving without a valid license. Again, the prosecutor might reduce the crime to an infraction like a moving violation. But this must also occur when you do not have past criminal convictions. Ensure you work closely with your criminal defense attorney throughout the legal process.
Will Conviction for VC 14601 Affect My Immigration Status?
Fortunately, if you are an immigrant in California facing a charge for driving on a suspended license, the conviction will not impact your immigration status. Although other crimes attract deportation, driving on a suspended license charge will not attract deportation. Speak with your attorney to help you learn more about the possible penalties and punishment of an immigrant facing a charge for driving on a suspended license.
Contact a Criminal Defense Attorney Near Me
When the police pull you over driving on a suspended license, you want to seek legal help as soon as possible. You have several options you can choose from, starting from plea scenarios and reduced charges. Your attorney can develop several defense strategies to help you fight the charge. A well-skilled and experienced attorney is highly recommended for your case outcome.
At Leah Legal, our attorneys have a track record of winning criminal cases like driving on a suspended license. We do everything possible to obtain the best case outcome, may it be a reduced charge, sentence, or dismissal of your case. Our attorneys have helped many people in Van Nuys, CA, facing a similar charge. Contact us today at 818-484-1100 for a free case evaluation.
