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California Vehicle Code 14601 VC

Driving on a Suspended License in California

Vehicle Code § 14601 makes it a misdemeanor to drive with a suspended license in California. This includes out-of-state drivers whose privilege to drive in California has been revoked. To establish this offense, the prosecution must prove three elements:

  1. The person drove a motor vehicle;
  2. The person's driving privilege was suspended or revoked; and
  3. The person knew his/her driving privilege had been suspended or revoked

The key element for the legal defense of Vehicle Code 14601 driving on suspended license cases is the "knowledge requirement." The prosecution must prove beyond a reasonable doubt that the driver knew his license was suspended. The prosecutor usually relies on DMV records to show that a notice of suspension had been mailed to the driver prior to the date of arrest. But given the tendency of mail to get lost or overlooked, jurors rarely find this evidence sufficient to meet the prosecutor's heavy burden in a criminal case.

Penalties for Driving With a Suspended License in California

Vehicle Code 14601 VC driving on a suspended license is a misdemeanor offense and punishment may include probation, jail time and substantial fines. Penalties in a given case depend on (1) the reason the license was suspended and (2) whether the defendant suffered prior convictions for driving with a suspended license. Generally, penalties are higher if the license was suspended or revoked because of a DUI conviction, a vehicular manslaughter conviction, or a finding that the driver is a habitual traffic offender.

In practice, prosecutors are often willing to reduce Vehicle Code 14601 driving on suspended license cases to lesser offenses, to non-criminal infractions, or to dismiss them altogether. This is especially true if the person has no criminal history, and if he takes steps to get his California drivers license reinstated prior to the resolution of the criminal case. A good criminal defense attorney can usually help you reach a favorable resolution of your case.

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Los Angeles DUI Defense Lawyer Disclaimer: The DUI Defense, Drunk Driving, DMV Drivers License Suspension, Driving Under the Influence, Driving While Intoxicated or other DUI defense information presented at this site should not be considered formal legal advice nor the formation of a lawyer or attorney client relationship. Any results set forth here were dependent on the facts of that case and the results will differ from case to case. Please contact a California DUI defense lawyer or attorney for a free initial consultation. This web site is not intended to solicit clients for matters outside of the State of California.

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