Driving on a suspended or revoked driver’s license is considered a serious crime in California. As a result, a violation of California Vehicle Code Section 14601.1: Violation of License Provisions can result in severe penalties that can turn your life upside down.
At the Simmrin Law Group, we are highly experienced in defending clients against this and similar charges. If you have been charged with violating this statute, contact us today to set up a free, no-obligation consultation with a legal team member.
Breaking Down California VC 14601.1
Driving on a suspended license is illegal in most situations. However, to convict a driver of a violation under VC 14601.1, the prosecution must prove two things.
First, they must prove that the defendant did operate a motor vehicle while their driving privileges had been either suspended or revoked. Second, they must show that the driver was aware that their license was not valid at the time of the alleged offense. A driver’s knowledge of their license suspension is a key element of this crime.
For a free legal consultation with a violation of license provisions lawyer serving California, call (310) 896-2723
Proving Knowledge of Suspension/Revocation
Proving unequivocally that a defendant is aware of their driver’s license suspension or revocation can be very difficult, as notification is typically done through the mail. Because of this, there is a presumption in this law that the defendant is aware of their license suspension or revocation if the following are true:
- The Department of Motor Vehicles (DMV) mailed the defendant a notice of the restrictions placed upon their license
- That notice was sent to the most recent address of the accused
- The notice was not returned to the DMV as undeliverable or unclaimed
California Violation of License Provisions Lawyer Near Me (310) 896-2723
Penalties for a VC 14601.1 Offense
A violation of VC 14601.1 is a misdemeanor and can carry significant consequences for those who receive a conviction. When convicted, you could be sentenced to:
- Up to six months in jail
- Up to $1,000 in fines
- Up to three years of summary probation
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Related Offenses
Vehicle Code 14601.1 is just one law regulating driving on a suspended license. Driving on a suspended license is also governed by the following:
- California VC 14601
- California VC 14601.2
- California VC 14601.3
- California VC 14601.5
While California VC 14601.1 is a catch-all charge that deals with any offense not covered by the above charges, these crimes get much more specific.
California VC 14601: Driving on a License Suspended for Reckless, Negligent, or Incompetent Driving
When a driver’s license was revoked for reckless, negligent, or incompetent driving, a charge of driving with a suspended license falls under this statute. The penalties for this offense can include the following:
- Up to six months in jail with a minimum sentence of five days
- Up to $1,000 in fines
- Up to three years of summary probation
California VC 14601.2: Driving on a License Suspended for DUI
If your driver’s license was originally suspended or revoked because of a DUI offense, a charge for driving on a suspended license would be processed through VC 14601.2. Under this law, you could be facing the following:
- Up to six months in jail with a minimum sentence of 10 days
- Up to $1,000 in fines
- Up to three years of summary probation
- Installation of an ignition interlock device on your vehicle
California VC 14601.3: Driving on a License Suspended for Habitual Traffic Offenses
If your license was suspended for habitual traffic offenses, an offense for driving on a suspended license would be processed under VC 14601.3. This offense can result in the following:
- Up to 30 days in jail
- Up to $1,000 in fines
- Up to three years of summary probation
California VC 14601.5: Driving on a License Suspended for Refusing to Submit to a Chemical Test or Driving With an Unlawful BAC
If you were driving on a license suspended for refusing to submit to a chemical test or driving with an unlawful BAC (blood alcohol concentration), your offense would be regulated by VC 14601.5. The penalties for this violation can include the following:
- Up to six months in jail
- Up to $1,000 in fines
- Up to three years of summary probation
In addition to these crimes, there are other offenses related to Vehicle Code 14601.1, including:
- California VC 12500: Driving without a License
- California VC 12951: Failing to Present a Driver’s License
- California VC 14610: Unlawful Use of a Driver’s License
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Common Defenses Against VC 14601.1 Charges
Several potential arguments can be used to fight this charge when you get charged with a violation of California VC Section 14601.1. The defense your attorney chooses will depend upon the specifics of your situation, which is why it is vital to your case to speak with a criminal defense attorney in California as soon as possible after being charged with this crime. However, common defenses against these accusations include the following:
- No knowledge of suspension
- No suspension
- Emergency
No Knowledge of Suspension
As mentioned, if you were unaware that your license was suspended, you have not committed a crime by continuing to drive. The most common instances of people lacking knowledge of their suspension occur when someone moves and the DMV sends the notice to the driver’s old address. This should be a fairly easy issue to resolve, but should still be done with the assistance of an experienced California criminal defense lawyer.
No Suspension
If a driver can prove that they were accused of driving on a suspended license, they had a valid driver’s license; an experienced criminal defense lawyer can likely get the case thrown out before it ever goes to trial.
Emergency
With this defense, the accused admits to driving with a suspended license. However, they argued that they did so because an emergency necessitated it. If the defendant can prove there was an emergency, like an injured passenger in the vehicle, they will likely be able to avoid a conviction.
Other emergencies that might lead to the charges being thrown out include the following:
- A passenger was in active labor with the baby minutes from being born.
- The driver was fleeing from immediate and life-threatening danger.
- There was a passenger who was suffering a medical emergency and needed immediate care.
Contact an Experienced Criminal Traffic Attorney
When facing a charge for driving on a suspended or revoked license under VC 14601.1, it is important to have experienced legal representation. The Simmrin Law Group is dedicated to giving our clients the best possible defense against these and any other criminal charges.
Give us a call or fill out our online contact form to schedule a free, no-obligation consultation. One of our criminal defense lawyers will review your case and advise you of all your legal options.
The Simmrin Law Group understands how challenging it can be to go through life with a suspended driver’s license. Call our office today to schedule an appointment in an effort to have your license reinstated.
Call or text (310) 896-2723 or complete a Free Case Evaluation form