Driving on Suspended License in San Diego

What is a Suspended License?

A driver’s license is a privilege given to qualified drivers in California to operate vehicles on public roads. The DMV provides the privilege after ascertaining that a driver has trained and acquired the necessary skills and experience to drive a car safely. The DMV can remove that privilege for various reasons, including after a traffic infraction. While the department cannot take away your ability to drive a vehicle, it can suspend or revoke your license, without which you cannot operate a vehicle on public roads. License suspension is usually temporary; the department can reinstate your permit after the suspension period.

But a revocation is usually permanent, meaning you will no longer have the privilege of driving on public roads again. Whether the DMV has revoked or suspended your driver’s license, driving with it is a crime. Note that you need a valid driver’s license to operate a vehicle.

If the DMV revokes your license, it has taken away your driving privilege for good or terminated it. The department has permanently deprived you of the license. Sometimes, you can apply for a new driver’s license after revocation. But you must start the process from the start like you did when applying for the first license. You must take and pass the following tests:

• A vision test.
• A road driving test.
• A written test.

Additionally, you must pay an application fee and any pending court fines for the crime that caused the revocation. You must also satisfy any pending court orders related to the violation that caused the revocation.

Driver’s license revocations are rare, but they happen. Depending on the underlying issue, the DMV can revoke the permit for a particular period. Once the revocation period passes, you are allowed to start the application process. However, some driving offenses call for permanent revocation of an offender’s driver’s license. Here are examples of violations that could result in a permanent deprivation of your driving privilege:

• Driving while intoxicated and causing an accident that results in death.
• Felony assault whereby you use your vehicle as a dangerous weapon, under PC 245(a)(1).

On the other hand, suspending a driver’s license is a temporary termination of your driving privileges by the DMV. A temporary driver’s license suspension can be a definite or indefinite one. A definite license suspension is usually for a specific period, like six months, one or two years. Once the suspension period is over, you can petition the department to reinstate your suspended driver’s license. An indefinite license suspension is usually open-ended, with no specific timeframe. It can last for as long as the judge desires. Sometimes, the judge can suspend your license until you fulfill a particular order.

For example, a judge can temporarily suspend your driver’s license until you pay all your pending traffic tickets or any child support you owe. Once you fulfill the requirement, you can petition the DMV to reinstate your driving privilege.

If the DMV has suspended/revoked your license, it is necessary to determine whether it has been put on hold or permanently terminated. Then, you will know the approach to use to ensure you continue driving in the state. If the department has revoked your license, your only option to restore your privilege is to obtain a new driver’s license. But if the DMH has suspended it, you can recover your old license at the end of the suspension period.

Note: Driver’s license revocations are usually for grave traffic violations, while suspensions are generally for relatively lenient ones.

A revocation can deprive you of the privilege to drive your vehicle for a long time, but a suspension is usually for a short period.

Reasons for Suspension or Revocation of Your Driver’s License by The Department of Motor Vehicles

Only some traffic infractions and driving crimes result in the suspension or revocation of a driver’s license. The common reasons for driver’s license suspension are as follows:

• Driving under the influence of alcohol or drugs, even for a first-offender.
• Failing to take a chemical test after a DUI stop.
• Failing to pay fines after a traffic infraction.
• Driving without any proof of vehicle insurance.
• You have a medical problem that compromises your safety while driving.

Here are some common reasons why DMV would revoke your license:

• If you are a repeat DWI or DMV offender.
• When you make a false statement or provide misleading information in a DMV application.
• After a criminal conviction for a grave driving offense, like reckless driving.

However, you can defend your license to avoid a revocation or suspension with the help of an experienced criminal attorney.

Driving on a Suspended License

When the DMV suspends or revokes your license, they send you a notification by mail with all the details regarding the suspension, including the reason and period of the suspension. Thus, if you are caught driving on a suspended/revoked driver’s license, the prosecutor must demonstrate that the DMV suspended/revoked it and notify you about it.

The legal definition of this offense, under VC 14601.1(a), contains all the facts of the offense that the prosecutor must prove for the jury to find you guilty. These elements are as follows:

• You were driving on a public road with a revoked or suspended driver’s license.
• You knew or should have reasonably known, that the DMV had revoked or suspended your license.

Note: The prosecutor must demonstrate that you knew of the revocation or suspension for the court to deliver a guilty verdict. While it is challenging for the prosecutor actually to know and prove that you had this knowledge, they will prove your case on the presumption that:

• The DMV notified you about the revocation or suspension by mail.
• The notification by the DMV was sent to your listed address.
• The department did not receive the notification back, as it would happen if the mail is unclaimed or undeliverable.

Suppose the address the DMV used to send you the notification is your current one. In that case, it will be complicated to argue that you did not receive the notifications and, therefore, could not know about the revocation or suspension of your license. But if the DMV did not use your accurate address, the judge can dismiss your case because you were unaware of the revocation or suspension.

Possible Penalties if Convicted of Driving on a Suspended/Revoked Driver’s License

Driving on a suspended permit is mainly a misdemeanor. But the penalty you will receive upon conviction will be based on why the department suspended/revoked your license. Penalties for a conviction under this statute depend on the actual violation, according to these statutes:

Vehicle Code 14601

This law provides penalties you will likely receive if you drive on a suspended/revoked license and the cause of the suspension was due to incompetent, reckless, or negligent driving. The prosecutor will first demonstrate the reason for your driver’s license suspension, show that you were aware of the suspension, and that you used the suspended license. If the jury passes a guilty verdict, you will likely receive these penalties:

• Three years in misdemeanor probation.
• A maximum of six-month jail term.
• $1000 in court fines.

Vehicle Code 14601.2

This law provides possible penalties for drivers who operate vehicles on suspended licenses and the suspension was due to a DUI-related offense. The prosecutor must demonstrate that the cause of your license suspension was a DUI conviction. You were aware of the suspension or revocation, but you used the license to operate a vehicle on a public road. If the jury delivers a guilty verdict, your penalties could include the following:

• Three years on informal probation.
• Jail time for six months.
• $1000 in court fines.

The judge could order you to install an ignition interlock device system in all your vehicles so you can continue driving while on probation. The device will stop you from driving while intoxicated.

Vehicle Code 14601.3

The judge will sentence you under this statute if the DMV suspends your license after designating you a habitual traffic offender. But first, the prosecutor must demonstrate that your license suspension was because you are a habitual traffic offender. You must also have known about the suspension/revocation. If the court finds you guilty of operating on a suspended license under this statute, you will likely receive these penalties:

• Three years on informal probation.
• A maximum of 30 days in jail.
• $1000 in court fines.

Vehicle Code 14601.5

You will receive punishment under this statute for driving on a suspended license, and the cause for the suspension was that you failed to take a chemical test after a DUI stop or had an illegal blood-alcohol concentration level. An unlawful BAC is anything over 0.08% for a driver over 21 years or anything over 0.01% for underage drivers. If the prosecutor can demonstrate the cause of your driver’s license suspension and your knowledge about the suspension/revocation, the judge will impose the following penalties upon conviction:

• Three years on informal probation.
• A six-month jail term.
• A court fine of $1000.

Vehicle Code 14601.1

The judge will sentence you under this statute if you drove on a suspended driver’s license and the cause of the suspension was anything other than what has been discussed above. The prosecutor must first demonstrate that your driver’s license was suspended for a particular reason and not one that has previously been mentioned. If you knowingly used a suspended license, the judge can sentence you to the following:

• Three years on misdemeanor probation.
• A six-month jail term.
• A court fine of up to $1,000.

While a misdemeanor conviction does not come with several other severe consequences, like a felony conviction, it leaves you with a criminal record that will adversely impact your life for years. Criminal records are publicly available; anyone conducting a background check on you will find out about the conviction. Some people use such information to make decisions, which could impact some aspects of their lives.

For example, if a potential employer finds out about your criminal past, they could deny you a job regardless of your qualifications. Some landlords do not associate with tenants who have a criminal background.

But you can eliminate a conviction’s negative consequences and limitations through expungement. To do that, you must petition the court where the conviction occurred to expunge the conviction from your criminal record. However, you must do so after serving your sentence. If the judge sentenced you to probation, you must wait until the end of your probation to file for expungement. If you must file early, you must first obtain an early termination of your probation. If you received a jail sentence, you must serve your time to the end to file for expungement. Also, ensure you pay all your court fines and satisfy any other terms and conditions of your sentence.

A skilled criminal attorney can help you file for expungement if you meet the criteria under the law. Once the judge receives your petition, they will consider your performance while on probation or in jail. Note that the judge can grant or deny your petition. But in most cases, judges grant such petitions as long as you meet the requirements.

Once the conviction is expunged from your criminal history, no one will find out about it, even by conducting a background check. You must only disclose the conviction if you apply for a government office.

Defending Yourself Against VC 14601.1(a) Charges

A valid driver’s license shows that you are qualified to operate a vehicle on public roads safely. A revocation or suspension of your driver’s license makes it invalid. That is why driving on an invalid license is a grave violation. The severe consequences could include incarceration, a hefty court fine, and other life-changing consequences. But you can avoid a conviction and all its consequences by fighting for a favorable outcome during the trial. You can do that with the help of a skilled criminal attorney.

Attorneys have a long list of criminal defense strategies that they can use in a case like this to compel the judge to dismiss or reduce charges. Here are some of the best strategies your attorney can use in your favor:

You Did Not Know About the Suspension/Revocation

One of the elements of this offense that the prosecutor must prove to obtain a guilty verdict is that you knew that the department had suspended/revoked your driver’s license. You are not guilty if you do not have this knowledge. Under this law, the crime is knowingly driving on a suspended license.

It could be that the DMV did not suspend your license in the first place or that you did not receive a notification about the suspension or revocation. But your attorney must demonstrate that fact for the court to drop your charges.

If the prosecutor cannot demonstrate your knowledge beyond a reasonable doubt, or your attorney has compelling evidence that you did not have this knowledge, the judge will drop your charges.

The DMV Did Not Suspend Your License

The DMV needs a valid reason to suspend or revoke a driver’s license. If you did not commit an offense that could cause license suspension or revocation, your driver’s license is still valid. The arresting officer could have mistakenly viewed another driver’s license, or there was an error in the DMV records. A skilled attorney will gather compelling evidence to demonstrate that your license is valid and was valid at the time of your arrest. In that case, the judge will drop your charges.

You Committed the Crime by Necessity

A necessary crime occurs when you have a valid reason to commit an offense. But you must demonstrate your intent for the court to drop your charges. Your attorney can show that, even though your license was suspended or revoked, you had to drive your car at that particular moment when the police arrested you.

You could have faced an emergency requiring immediate response and could not find immediate help. For example, if someone in your family needed emergency medical help, you were the only one around to rush them to the hospital. The judge will dismiss your charges if your attorney can demonstrate that you did not act with criminal intent.

Related Offenses

The traffic law has several offenses closely related to VC 1460.1(a). Some of these offenses are:

Driving without a License

According to VC 12500(a), operating a car without a valid license is a crime. This is mainly a wobbler offense, meaning the prosecutor can charge it as an infraction or misdemeanor. You can face charges under this law for various reasons, including failing to renew your license after expiration or obtaining a driver’s license after qualifying. Anyone who relocates to California and fails to apply for a California driver’s license can also face charges under this law if caught driving on another state’s license.

If you face an infraction charge, your penalty will only include a maximum fine of $250. But if the prosecutor files a misdemeanor charge, you could be sentenced to jail time for six months, with a court fine of $1,000.

Failing to Provide a Valid Driver’s License

The law requires all motorists to have their driver’s license on the road. That way, you can produce it upon request by the police. VC 12951 makes it a crime for a driver not to have a valid driver’s license or to refuse to produce the license to an officer upon request. The offense is a misdemeanor, punishable by jail time for six months and a maximum of $1,000 in court fines.

The Unlawful Use of Your Driver’s License

The law against the unlawful use of your driver’s license is under VC 14610. According to this law, you must not use your license for anything other than what it was issued for. For example, you cannot lend your license to someone else. The law has specified some things that constitute the unlawful use of a driver’s license. The most common ones are:

• Using or having a canceled or suspended driver’s license.
• Allowing another person to use your driver’s license unlawfully.
• Failing to surrender a revoked or suspended driver’s license.
• Lending another person your driver’s license.

A violation of this law is a misdemeanor, punishable by a six-month jail term and $1000 in court fines.