According to California Vehicle Code 14601 (VC-14601), it is illegal to knowingly drive a motor vehicle at any time while the license or driving privileges are suspended or revoked.
Prosecution Must Establish the Following to Convict of VC 14601
Prosecution must establish the following elements to convict the defendant of driving with a suspended license
- Defendant drove a motor vehicle while his driving privileges were suspended or revoked for a valid reason
- Defendant knew that his driving privileges were suspended or revoked.
“Knowledge” Under California VC Section 14601
Prosecutor can prove the knowledge of suspended or revoked license in case the following is true:
- California Department of Motor Vehicles mailed a notice to defendant informing him that the driver’s license had been suspended or revoked
- Notice was sent to the most recent address reported by the defendant to the DMV, or any more recent address reported by him, a law enforcement agency or a court
- Notice was not returned to the DMV as unclaimed or undeliverable
California statutes Driving with Suspended or Revoked License
California statutes on driving with suspended or revoked license include the following
Vehicle Code Section 14601
Under this section it is illegal to drive on a revoked or suspended license due to alcohol or drug abuse, mental or physical liability, reckless driving, or being declared an incompetent or negligent driver.
Penalties for First Offense for Vehicle Code Section 14601
Penalties for first offense for violating Vehicle Code Section 14601
- Five days to six months in a county jail
- Fine from $300 to $1000 plus penalty assessments
- Probation
Penalties for Second Offense Under Vehicle Code Section 14601
Penalties for Second Offense Under Vehicle Code Section 14601
- Ten days to one year in a county jail
- Fine from $500 to $2000 plus penalty assessments
Vehicle Code Section 14601.1
Under this section it is illegal to drive on a suspended or revoked license when defendant knows about the suspended or revoked license for any reasons that are not mentioned in sections 14601(a), 14601.2 or 14601.5 of the Vehicle Code.
Penalties for first offense:
- Up to six months in a county jail
- Fine from $300 to $1000 plus penalty assessments
- Probation
Penalties for second offense within 5 years
- Five days to one year in a county jail
- Fine from $500 to $2000 plus penalty assessments.
Vehicle Code Section 14601.2
Under this section it is illegal to drive on a suspended or revoked license because of a DUI conviction.
Penalties for First Vehicle Code Section 14601.2 Offense
Penalties for first violation offense under Vehicle Code Section 14601.2 include the following
- Ten days to six months in a county jail
- Fine from $300 to $1000 plus penalty assessments
- Probation
Penalties for second violation offense under Vehicle Code Section 14601.2
Penalties for second violation offense under Vehicle Code Section 14601.2 include the following
- Thirty days to one year in a county jail
- Fine from $500 to $2000 plus penalty assessments
- Probation
Vehicle Code Section 14601.3
Under this section defendant can be declared a “habitual traffic offender” in case his driver’s license was suspended or revoked during a twelve month period and he was convicted or involved in any combination of the following offenses:
- Two or more serious driving-related crimes
- Three or more general moving violations
- Three or more accidents where another person was injured and the total damage to the property was at least $750
Penalties for first offense
- 30 days in a county jail
- Fine of $1000 plus penalty assessments.
Penalties for second or subsequent offense:
- Six months in a county jail and
- Fine of $2000 plus penalty assessments
- Three-year license revocation for “habitual traffic offenders”
Vehicle Code Section 14601.4
Under this section it is illegal to drive on a suspended or revoked license pursuant to 14601.2 and cause injury to a person other than the driver.
Penalties for first offense:
- Ten days to six months in a county jail
- Installation of an ignition interlocking device in defendant’s vehicle
Vehicle Code Section 14601.5
Under this section it is illegal to drive on a suspended or revoked license based on refusing sobriety tests or BAC levels too high.
Penalties for first offense:
- Up to 180 days in a county jail
- Fine from $300 to $1000 plus penalty assessments
- Probation
Penalties for second offense within 5 years:
- Ten days to six months in a county jail
Fine from $500 to $2000 plus penalty assessments.
If you are in need of legal assistance with a court case in California, our attorneys at KAASS LAW would be happy to assist you.
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