Driving Crimes

What is Driving on a Suspended License Causing Injury?

Vehicle Code (VEH) 14601.4 specifically targets drivers who injure others while operating a vehicle with a suspended license. Under this law, it is illegal to drive a car while having a suspended or revoked driving privilege and to cause direct harm to another individual.

Your conviction depends on three essential components:

• License suspended — At the time of the event, your license had to be formally suspended or revoked. This may result from several of the code’s infractions, including DUI and dangerous driving.
• Physical injury — Your driving must directly cause bodily harm to someone other than yourself. Although the injury’s severity has no bearing on the infraction per se, it could impact possible consequences.
• Proximate cause — The injury must have been caused directly by your driving while your license was suspended. In other words, you must have done something that seriously exacerbated the damage.

Here is a look at the elements of the crime in more detail.

1. Your License Was Suspended or Revoked

The prosecution needs official documentation from the Department of Motor Vehicles (DMV) attesting that a legitimate order for suspension or revocation was in effect at the time of the accident. This order could result from code violations, like DUI crimes or point accumulation.

But merely demonstrating suspension is insufficient. Additionally, prosecutors need to prove that you knew about the suspension. Prosecutors must present evidence that a postal notification was sent to your address.

The DMV can revoke or suspend your driver’s license when you violate traffic laws or regulations. However, their differences in severity and the procedure for getting your driving privileges back are substantial.

Depending on the nature of the offense, a suspension can last anywhere from a few weeks to many months and temporarily suspend your ability to drive. Common causes for suspension include:

• Points accrued on your license.
• A first DUI conviction.
• Careless driving, and
• Missing court dates for moving infractions.

Getting your license back after a suspension is usually simple. After the license suspension expires, you can get it back by paying unpaid fines or penalties, going to the mandatory traffic school classes, and getting your auto insurance reinstated.

A revocation, on the other hand, is a more severe punishment that results in the permanent loss of your driving privileges. Unlike with a suspension, there is no set time following a revocation to get your license back. More serious offenses occasion revocation, such as:

• Numerous DUIs.
• Driving without insurance after a prior revocation or
• Certain medical conditions that seriously impair your ability to drive safely.

Regaining your license is a far more complicated process than that of a suspended license. You could be required to write knowledge exams, driving skills assessments, and possibly a hearing in front of a DMV representative. You could even need to reapply for a new license in specific circumstances.

2. The Victim Sustained Physical Injury

It is the prosecution’s responsibility to demonstrate that the injury was actual and caused bodily harm to someone else, not to you.

The severity of these injuries can vary. Minor scrapes or bruises count as bodily harm under this code, along with more severe injuries. The most important thing to remember is that VEH 14601.4 exclusively addresses the physical health of individuals other than you.

Even though an accident can cause considerable emotional anguish, this statute does not apply in a case involving it. Prosecutors have to provide evidence that the other person sustained actual physical harm. It has to be concrete and corroborated by medical professionals, ranging from little abrasions and bruises to more severe wounds.

3. You Violated a Legal Duty or Committed an Illegal Act

Prosecutors must also prove the following two fundamental legal concepts:

• Violating a legal duty and
• Proximate cause.

Legal duty is clear-cut. Every licensed driver must operate a vehicle only with a valid license. Driving while your license is suspended or revoked breaches this duty.

However, proving a breach of the legal duty is not sufficient. The prosecution has to establish a proximate cause. Stated differently, they need to show that your driving while suspended significantly affected the other person’s injuries.

Consider the following situation: you drove with a suspended license, but another driver caused the collision. Even if VEH 14601.4 still applies to you, the particulars are very important. It would significantly impact the determination of your guilt if the other driver’s negligence was the apparent proximate cause. In this case, the prosecution must demonstrate that your license suspension substantially contributed to the injury rather than merely an accident.

It is important to remember that a VEH 14601.4 charge could also be brought about by breaking the law after a license suspension. Driving while intoxicated (DUI) is one such instance. It is illegal to drive a car while inebriated, and doing so is a clear violation of the law. Similarly, driving carelessly violates the law by putting other people in danger and disobeying traffic regulations. One can even argue that driving without insurance, which is required by law, violates a legal obligation.

Defenses You Can Use in a Driving on a Suspended License Causing Injury Case

You can raise some defenses to fight these charges. The right defense could result in a dismissal of your case or charges being reduced. Below are some of the defenses your attorney could use:

1. No knowledge of Suspension

One of the most important defenses you can use in driving while suspended injury case is ignorance of the suspension, stating that you honestly thought your license was still in effect at the time of the collision.

Here, two things are crucial.

First, you must assert that you were not notified or that the licensing body made a mistake. This could include instances in which the notice was sent to the wrong address, or there was a system problem.

Besides, you are usually the one bearing the burden of proof. Judges will look for evidence that you made a reasonable effort to keep yourself updated on the status of your license, like by contacting the DMV for confirmation or presenting evidence of routine online license validity checks. The judge will evaluate your driving record and the basis for the suspension, among other things, to determine whether your defense is credible.

For instance, the court might not believe you are fully unaware if your license was suspended for unpaid parking fines and you have a history of ignoring such issues. On the other hand, your claim is more credible if the suspension resulted from a technical error and you have a spotless driving record.

2. The License Suspension Was Not DUI-related

A significant distinction exists between license suspensions resulting from DUIs and those stemming from other causes in situations of driving while suspended and causing injuries. Due to the inherent risk of driving while intoxicated, DUI-related suspensions frequently carry heavier charges. This discrepancy has a substantial impact on prospective punishments.

But a defense plan comes into play if the suspension of your license stemmed from something else, like unpaid fines, a missing court date, or even a medical issue. Not having a DUI on your record weakens the prosecution’s case, which could result in a favorable decision.

Your attorney could use the non-DUI suspension as leverage in a plea bargain to secure lesser charges. This could substantially lessen the seriousness of the offense by resulting in a lesser criminal charge or even a traffic infraction.

The judge could favorably see the non-DUI suspension when determining the sentence, even if the charges remain the same. When opposed to a DUI, the reason behind the suspension can be considered a mitigating factor because it did not demonstrate the same disregard for public safety. This could lead to a less severe penalty.

Your attorney will gather evidence to support this defense, such as official Department of Motor Vehicles documentation that establishes the suspension’s non-DUI cause. This evidence aims to argue against the more severe charges and emphasize how they differ from a DUI suspension.

The particulars of your situation will determine whether or not this strategy works. The persuasiveness of your attorney’s arguments will depend on the documented reason for the suspension as well as the total weight of the evidence. However, a suspension unrelated to a DUI can be a powerful instrument in reducing the possible consequences you could encounter.

3. You Did Not Neglect Your Duty or Commit an Illegal Act

In cases where driving with a suspended license results in injuries, the prosecution focuses heavily on legal causation. Although it is illegal to drive while suspended, demonstrating that this behavior was the direct cause of the collision and any injuries sustained are necessary to secure a conviction. Showing the jury the suspended license alone is insufficient. Prosecutors must also prove that you were at fault or that additional illegal activity caused the crash.

This idea creates opportunities for possible defense. You could argue that there was no carelessness if the accident resulted from a medical emergency, an unforeseeable mechanical breakdown, or other uncontrollable conditions. Evidence, such as medical records or witness accounts, will be necessary to corroborate this assertion.

Similarly, you can argue that no illegal act caused the injury if the other driver is solely to blame. You will assert that you were driving the car lawfully at the time (since the suspension was not in place or you were unaware of it). Support for this defense comes from witness accounts or police reports attesting to the other driver’s negligence.

This defense places the burden of proof on you. Obtaining evidence that you did not act negligently or illegally is essential. Furthermore, the particulars of the accident will determine how well this strategy works. Evidence of careless driving or awareness of the ban calls into question this defense.

Penalties if Convicted of Driving on a Suspended License Causing Injury

A misdemeanor is a less serious violation than a felony, which involves driving with a suspended license and causing injury.

You could be subject to:

• Fines of up to $1,000.
• Up to six months of incarceration in a county jail following your first conviction.

If it is your second offense within five years, you risk higher penalties, including:

• A fine of up to $2,000.
• A year in jail.

Enhanced Penalties

Despite being a misdemeanor, VEH 14601.4 carries the possibility of an enhanced sentence, depending on the number of victims and the severity of the injuries.

The fundamental violation of driving with a suspended license and causing injury is still classified as a misdemeanor, even with enhancements.

The prosecution takes into account two elements for possible enhancements:

• The number of people who sustained injuries.
• A further important consideration is the severity of the injury. The prosecution makes a distinction between the victims’ mild, significant, and great bodily harm.

Due to these circumstances, the regular misdemeanor penalty of up to six months in jail and a $1,000 fine may not be sufficient for a first-time conviction. Longer jail sentences, higher fines, and more extended probation periods are examples of enhancements.

Categories of Bodily Injuries

The extent of bodily injuries and the degree of medical attention required vary. The mild injuries are minor. They include sprains, scratches, scrapes, bruises, and minor burns. These injuries do not need much medical care and heal quickly.

However, significant injuries are more varied and necessitate extensive medical attention. Broken bones, internal injuries, severe concussions, or considerable blood loss fall into this category. These injuries could result in a temporary or permanent disability and could necessitate hospitalization, surgery, or intensive therapy.

On the other hand, great bodily injury could result in fatal outcomes. These injuries can include severe burns needing extensive grafting, organ loss, or traumatic brain injury. They can profoundly change a person’s life. Great bodily injury typically requires a protracted hospital stay, intensive rehabilitation, and the possibility of lifelong impairments that severely limit the victim’s capacity to operate.

Plea Bargain Deals

The prosecution could offer a reduced charge in exchange for your “guilty” or “no contest” plea. This means that rather than going up against the original charge of driving while suspended or revoked, you enter a plea of guilty or no contest to the lesser offense of causing injury while operating a vehicle under suspension (CVC 14601.2). But the court’s permission and your acceptance are required for the plea deal to move forward.

There are repercussions even if you accept a plea deal while facing driving on a suspended license, causing injury. As part of the plea deal agreement, the court must order you to install a certified ignition interlock device (IID) in your car for up to three years. If your blood alcohol concentration (BAC) is higher than a predetermined limit, an IID is a technical safety feature that keeps the car from starting.

With the IID, you can avoid future DUI-related offenses and encourage safer driving practices by making sure you are not drunk before operating a car.

Civil Lawsuits that Result from Driving on a Suspended License Causing Injury Cases

A complex legal scenario arises when a driver with a suspended license is involved in an accident. While the individual you wounded could file a separate civil action, criminal charges focus on your offense and possible punishment.

Prosecutors focus on your driving while suspended, as well as any injuries that may have resulted from it. You can face jail time, fines, or another driving privilege suspension as possible outcomes.

A civil lawsuit, however, is independent. The accident victim could sue you to recover damages for their losses, like medical costs, missed income, pain and suffering, and property damage. They can still file a civil lawsuit against you if they can demonstrate that your carelessness resulted in their injuries, regardless of how your criminal case turns out.

Consult with an experienced personal injury attorney if you are in this situation. They can advise you on your rights and possible legal courses of action during the civil lawsuit process.

Offenses Related to Driving on a Suspended License Causing Injury

The prosecution could seek additional charges or pursue convictions for the following crimes as opposed to driving on a suspended license causing injury:

1. Driving on a Suspended License

According to Vehicle Code 14601(a), you cannot drive with a suspended or revoked license. This rule is applicable if you are operating a motor vehicle, a car, truck, or motorcycle, and you are aware that the DMV has formally suspended or revoked your driving privileges.

Under this statute, the prosecution must establish two things for the jury to find you guilty:

• You were operating a car.
• You knew that the DMV had suspended or canceled your driving privileges.

Usually, you receive notices concerning your suspension or revocation from the DMV through mail.

A VEH 14601(a) violation is considered a misdemeanor. If proven guilty, you can be subject to:

• Six months or more in jail.
• Fines between $300 and $1,000.
• Summary probation instead of incarceration.

Additional penalties include prolonged license suspensions or mandatory alcohol education classes.

2. Reckless Driving

It is against Vehicle Code 23103 to drive recklessly. According to this law, you are breaking the law if you intentionally disregard people’s or property’s safety when operating a motor vehicle on a highway or in a permitted off-street parking area.

What Constitutes Reckless Driving?

• Operating a car — This covers all types of vehicles, including cars, trucks, and motorcycles.
• Disregard for safety — The prosecution must demonstrate that you recklessly ignored the possible repercussions of your actions or that you drove with a purposeful disrespect for the property or safety of others.

Instances of careless driving include the following:

• Driving above the recommended speed limits.
• Ignoring signs or traffic lights.
• Street racing.
• Driving while under the influence of drugs or alcohol.
• Randomly changing lanes.

Penalties for Reckless Driving

Reckless driving is punishable by:

• 90 days or more in county jail.
• Fines of up to $1,000.
• The DMV will add two points to your driving record.

If you cause a minor injury, you will face the following penalties:

• Up to one year in jail and
• A maximum fine of $1,000.

If you cause a grave injury, you will face the following penalties:

• A maximum of 3 years in jail and
• A maximum fine of $10,000.

3. Driving Under the Influence of Alcohol

Vehicle Code 23152(a) forbids driving while intoxicated (DUI). According to the law, drinking alcohol makes it unsafe for you to drive a motor vehicle. It is illegal to drive under the influence of alcohol in California, regardless of your blood alcohol content (BAC), if it impairs your ability to drive safely. This is not the same as Vehicle Code 23152(b), which only considers a BAC of 0.08% or above as grounds for a DUI.

Prosecutors use a variety of evidence to establish a DUI under 23152(a), including:

• Field sobriety test results.
• Results from a blood test or breathalyzer.
• Police officers’ observations of your driving, for example, erratic lane changes or exceeding speed limits.
• Indicators of intoxication, like red eyes or slurred speech.

Possible Penalties

DUI convictions under 23152(a) are misdemeanors punishable by the following:

• Up to one year in jail.
• $3,900 to $5,000 in fines and mandatory DUI education programs.
• Having your driver’s license suspended for up to six months.