Proving the Offense of Driving with a Suspended License
It's important to know why your driver license was suspended in the first place. For the district attorney to establish that you were committing the offense of driving on a suspended license, he or she has to prove that:
(1) you were driving a motor vehicle,
(2) your driver license was suspended, and
(3) you knew that your driver license had been suspended
The California DMV (Department of Motor Vehicles) would have mailed a notice of suspension of your license to you, but whether you received the notice is another matter.
Reasons for the Suspension
The potential reasons that the DMV would suspend someone's driver license include (but aren't limited to):
- failure to pay child support
- multiple/habitual traffic offenses
- a prior DUI offense (driving under the influence of alcohol and/or drugs)
- vehicular manslaughter
- drug possession
- not carrying auto liability insurance
- not filing an SR1 traffic collision report after an accident
- medical conditions
Consequences for Driving on a Suspended License
The consequences for driving on a suspended license can include up to six months in jail and a fine as high as $1000, and if you have any previous traffic convictions, these can both be increased. The installation of an ignition interlock device on the driver's car may be required if his or her license was suspended for a DUI offense, and in some cases, a driver's car is confiscated.
The district attorney may be willing to reduce a charge of driving on a suspended license cases to a lesser offense, or to a non-criminal infraction, or even to dismiss the charge. Toward this end, it's helpful if you have no prior criminal history and you're willing to take the necessary steps to get your license reinstated.
Bring Your Case to Anna Yum
A number of options may be available to you when you've been charged with driving with a suspended license. Contact the Law Offices of San Diego Criminal Lawyer Anna R. Yum to discuss your alternatives.