{"id":1831,"date":"2012-07-17T19:43:29","date_gmt":"2012-07-17T19:43:29","guid":{"rendered":"http:\/\/www.markagallagher.com\/socaldefenselawyers\/driving-on-suspended-license-california-california-vehicle-code-section-14601\/"},"modified":"2020-10-30T20:47:44","modified_gmt":"2020-10-30T20:47:44","slug":"driving-on-suspended-license-california-california-vehicle-code-section-14601","status":"publish","type":"post","link":"https:\/\/www.markagallagher.com\/socaldefenselawyers\/driving-on-suspended-license-california-california-vehicle-code-section-14601\/","title":{"rendered":"California Suspended License Driving in violation of Vehicle Code Section 14601"},"content":{"rendered":"<p><a href=\"http:\/\/www.flockoflegals.com\/wp-content\/uploads\/2011\/06\/MAGphoto-e1308269412598.jpg\"><img decoding=\"async\" class=\"alignleft size-full wp-image-180\" title=\"California Suspended License Attorney Mark A. Gallagher\" src=\"http:\/\/www.flockoflegals.com\/wp-content\/uploads\/2011\/06\/MAGphoto-e1308269412598.jpg\" alt=\"California Suspended License Attorney Mark A. Gallagher\" width=\"156\" height=\"187\" \/><\/a>California Suspended License Help. \u00a0California Vehicle Code Section 14601 sets forth the rules and penalties for <a title=\"Get legal help now\" href=\"http:\/\/www.socaldefenselawyers.com\/practice-areas\/california-suspended-license-help\/\" target=\"_blank\" rel=\"noopener noreferrer\">driving on a suspended license<\/a>. \u00a0 The Los Angeles County District Attorney&#8217;s office estimates that more than 15% of all criminal cases filed in the <a title=\"LA County Courts\" href=\"http:\/\/www.flockoflegals.com\/california-courts\/los-angeles-county-courts\/\" target=\"_blank\" rel=\"noopener noreferrer\">Los Angeles County Court system<\/a> are based on charges of driving without a license or Driving on a Suspended License. \u00a0\u00a0\u00a0 Vehicle Code Section 12500 aka VC 12500(a) is for driving without a valid license. \u00a0 This a different and lesser charge than driving on a <em><strong>suspended <\/strong><\/em>license. \u00a0 Vehicle Code Section 14061 aka VC 14601(a) is the more serious charge of driving on a suspended license. \u00a0 The rationale behind the increased penalty for a California suspended license is that you have been specifically informed to stop driving, but you have continued to do so. \u00a0 \u00a0You have made the situation worse by disobeying the order to stop. \u00a0\u00a0There are a wide variety of subsections of California suspended license offenses under VC 14601 which cover all different types of suspensions and the penalties can vary greatly as well.<\/p>\n<p>Before going further it&#8217;s important to note an important issue that come up over and over again when dealing with a California suspended license. \u00a0 It doesn&#8217;t matter if you actually have your license in your pocket or not. \u00a0 I can&#8217;t tell you how many times I have heard people tell the judge &#8220;my license isn&#8217;t suspended I have it right here in my wallet&#8221;. \u00a0 In the eyes of the California DMV and the California Court system, the physical license you carry around is meaningless. \u00a0The important thing is your &#8220;right to drive&#8221;. \u00a0 This &#8220;privilege&#8221; or &#8220;license&#8221; from the DMV can be revoked or modified any time. \u00a0Your license status is always available to law enforcement, your insurance agent, \u00a0your employers, and countless others through an online database. \u00a0 This status is subject to change at any time and has nothing to do with what it says on your license. \u00a0I know it says it expires in 2018, but that doesn&#8217;t matter. \u00a0If we pull your DMV sheet and it says you have a California suspended license, you got a problem. \u00a0 <a title=\"Things are a little complicated here\" href=\"http:\/\/en.wikipedia.org\/wiki\/The_Matrix\" target=\"_blank\" rel=\"noopener noreferrer\">Welcome to the the matrix.<\/a><\/p>\n<p>VC 14601(a) \u2013 California suspended license for Specific Offenses<\/p>\n<p>VC 14601(a) makes it illegal to drive any vehicle requiring a license when you have a California suspended license as a result of:<\/p>\n<ul>\n<li>Reckless driving<\/li>\n<li>Negligent or incompetent operation of a vehicle<\/li>\n<li>Any mental or physical impairment that prevent you from driving safely,<\/li>\n<li>Alcohol or drug abuse.<\/li>\n<\/ul>\n<p>If the DMV has mailed you a letter notifying you of the revocation or suspension of your driving privileges, it is imperative that you consult with a Los Angeles criminal lawyer as soon as possible to represent you at your DMV hearing.<\/p>\n<p>VC 14601.1(a) \u2013 The \u201cUmbrella\u201d statute<\/p>\n<p>VC 14601.1(a) makes it a crime to drive any vehicle that requires a license to operate when your license has been suspended or revoked for any reason other than those listed in section 14601(a), 14601.2, or 14601.5.\u00a0 This is one of the most commonly charged crimes in the State of California.\u00a0\u00a0 Thousands of people are charged with a crime every day in California for doing nothing more than trying to drive to the store to get gallon of milk for their children, or attempting to get to work and back.\u00a0\u00a0 This statute is most often charged in connection with a license that was suspended pursuant to a hold under VC 40509.5, triggering a suspension of driving privileges after failing to appear on a simple traffic citation.\u00a0\u00a0 Many people will face this charge without even understanding they needed to appear in the first place.\u00a0 This charge can also apply when people attempt to resolve a traffic matter by mail unsuccessfully.\u00a0\u00a0 Simple misunderstandings can lead to jail.<\/p>\n<p>VC 14601.2(a) \u2013 California Suspended License due to a DUI<\/p>\n<p>VC 14601.2(a) is the most serious charge under VC 14601. If your California driving privilege are suspended or revoked due to a DUI conviction, you will be charged with a violation of VC 14601.2(a), carrying a minimum 10-day county jail sentence for a first offense, and a minimum 30-day county jail sentence for a second offense. If you are charged with this offense, it is in your best interest to immediately contact a Los Angeles criminal lawyer as the charge has serious, life-altering consequences.<\/p>\n<p>VC 14601.5 \u2013 California Suspended License due to Refusal of BAC Test or DUI<\/p>\n<p>You will be charged with a violation of VC 14601.5 if you drove knowing you had a suspended or revoked license due to any of the following:<\/p>\n<ul>\n<li>Refusal to submit to a California blood or breath test<\/li>\n<li>Conviction of a DUI under 21 years of age when refusing to submit to a PAS or \u201cBreathalyzer\u201d test or having a BAC of .01% or higher<\/li>\n<li>Refusing to submit to a PAS or \u201cBreathalyzer\u201d when suspected of a DUI and on probation for a DUI conviction<\/li>\n<li>Driving with a BAC of .01% or higher while on probation for a prior DUI conviction<\/li>\n<li>Driving with a BAC of .01% or higher while on probation for a prior DUI conviction<\/li>\n<li>Driving with a BAC of .08% or higher in violation of VC 23152(b)<\/li>\n<li>Driving with a BAC of .04% r higher in a vehicle requiring a commercial driver\u2019s license<\/li>\n<\/ul>\n<p>As a <a title=\"Mark A. Gallagher Attorney at Law\" href=\"http:\/\/www.siocaldefenselawyer.com\" target=\"_blank\" rel=\"noopener noreferrer\">California Criminal defense attorney<\/a>, one of the things that really bothers me about California suspended license law is the lack of consistency from case to case and court to court. \u00a0 \u00a0 \u00a0In my mind, two people who get caught committing the same crime should receive the same punishment. \u00a0 In fact this is one of the stated sentencing goals under the <a title=\"Uniformity in Sentencing!\" href=\"http:\/\/www.courtinfo.ca.gov\/cms\/rules\/index.cfm?title=four&amp;linkid=rule4_410\" target=\"_blank\" rel=\"noopener noreferrer\">California Rules of Court<\/a>, \u00a0See Rule 4.410(a)(7). \u00a0 So in theory, if one client gets 10 days in jail for driving without a license, the next client should get the same thing. \u00a0 Now I understand that every case is different and the judge needs to consider the particular facts of the case, any prior record of convictions, the circumstances facing the defendant, etc. \u00a0 I&#8217;m ok with exceptions but that&#8217;s not what we are talking about here.<\/p>\n<p>For driving without a license or driving on a California suspended license you could end up with no penalty at all, a small fine, a large fine, or you can end up in jail for 12 months. \u00a0I have literally seen thousands of these cases in the last 13 years of my practice and I have seen it all. \u00a0 On the one hand you see the people with multiple tickets for a California suspended license using fake names and out of state licenses and \u00a0getting away with it. \u00a0 Some of them have more than 10 tickets open at a time in courthouses throughout California. \u00a0 They may have warrants, but somehow they just keep getting pulled over and avoiding arrest. \u00a0 Maybe the officer doesn&#8217;t match up the fake name or ID to the priors. \u00a0Maybe the officer just knows the jail is too crowded to make space for a minor offender, or the officer doesn&#8217;t want to deal with a multiple county transfer. \u00a0For whatever reason, some people just keep sliding by with a California suspended license. \u00a0 On the other hand I see the people who got arrested and had their vehicle impounded over this offense. \u00a0Worse yet I see thousands of people serving jail time for California suspended license. \u00a0Some of these people receive a jail sentence of 10 days, 30 days, even 6 months to a year. \u00a0Some of these people were simply trying to get to work or drop off their kids at school for the day.<\/p>\n<p>If you are facing a charge for driving without a license or driving on a California suspended license, you should contact a <a title=\"California Traffic Lawyers\" href=\"http:\/\/www.socaldefenselawyers.com\" target=\"_blank\" rel=\"noopener noreferrer\">California Traffic Law Firm<\/a>\u00a0immediately to discuss your case. \u00a0 \u00a0When you call, you can find out if there is a way to have your license reinstated or a way to get your charges reduced or dismissed in court. \u00a0 You may have a valid defense if you never received notice that you had a California suspended license. \u00a0Even if you did have notice, it may be tough for the prosecutor to establish proof of notice beyond a reasonable doubt. \u00a0 If you aren&#8217;t sure why you have a California suspended license, you can <a title=\"Get your driving record online from the California DMV\" href=\"http:\/\/www.dmv.ca.gov\/online\/dr\/welcome.htm\" target=\"_blank\" rel=\"noopener noreferrer\">follow this link<\/a> to get a copy of your unofficial driving record from the California DMV. \u00a0 Once you \u00a0have the record, fax it over to me at 714-680-9982, or email it to me at AttorneyGallagher@gmail.com. \u00a0 If you prefer, you can always call me at 800-797-8406. \u00a0I can translate the DMV codes into English and tell you what is going on and how to fix it.<\/p>\n","protected":false},"excerpt":{"rendered":"<p>California Suspended License Help. \u00a0California Vehicle Code Section 14601 sets forth the rules and penalties for driving on a suspended license. \u00a0 The Los Angeles County District Attorney&#8217;s office estimates that more than 15% of all criminal cases filed in the Los Angeles County Court system are based on charges of driving without a license&#8230;<\/p>\n","protected":false},"author":2,"featured_media":0,"comment_status":"closed","ping_status":"open","sticky":false,"template":"","format":"standard","meta":{"_kad_post_transparent":"","_kad_post_title":"","_kad_post_layout":"","_kad_post_sidebar_id":"","_kad_post_content_style":"","_kad_post_vertical_padding":"","_kad_post_feature":"","_kad_post_feature_position":"","_kad_post_header":false,"_kad_post_footer":false,"footnotes":""},"categories":[19,20],"tags":[33,22,6,23,250,35,24,36,9,86,25,27,28,10,29,30,148,149,32],"class_list":["post-1831","post","type-post","status-publish","format-standard","hentry","category-california-criminal-law-blog","category-california-traffic-ticket-blog","tag-40509-5-holds","tag-criminal-defense","tag-criminal-law","tag-dmv","tag-driving-without-a-license","tag-failure-to-appear","tag-gallagher","tag-gc-services","tag-lawyer","tag-misdemeanor","tag-points","tag-suspended-license","tag-tickets","tag-traffic-court","tag-traffic-ticket","tag-traffic-tickets","tag-vc-12500a","tag-vc-14601","tag-vehicle-code"],"_links":{"self":[{"href":"https:\/\/www.markagallagher.com\/socaldefenselawyers\/wp-json\/wp\/v2\/posts\/1831","targetHints":{"allow":["GET"]}}],"collection":[{"href":"https:\/\/www.markagallagher.com\/socaldefenselawyers\/wp-json\/wp\/v2\/posts"}],"about":[{"href":"https:\/\/www.markagallagher.com\/socaldefenselawyers\/wp-json\/wp\/v2\/types\/post"}],"author":[{"embeddable":true,"href":"https:\/\/www.markagallagher.com\/socaldefenselawyers\/wp-json\/wp\/v2\/users\/2"}],"replies":[{"embeddable":true,"href":"https:\/\/www.markagallagher.com\/socaldefenselawyers\/wp-json\/wp\/v2\/comments?post=1831"}],"version-history":[{"count":1,"href":"https:\/\/www.markagallagher.com\/socaldefenselawyers\/wp-json\/wp\/v2\/posts\/1831\/revisions"}],"predecessor-version":[{"id":5560,"href":"https:\/\/www.markagallagher.com\/socaldefenselawyers\/wp-json\/wp\/v2\/posts\/1831\/revisions\/5560"}],"wp:attachment":[{"href":"https:\/\/www.markagallagher.com\/socaldefenselawyers\/wp-json\/wp\/v2\/media?parent=1831"}],"wp:term":[{"taxonomy":"category","embeddable":true,"href":"https:\/\/www.markagallagher.com\/socaldefenselawyers\/wp-json\/wp\/v2\/categories?post=1831"},{"taxonomy":"post_tag","embeddable":true,"href":"https:\/\/www.markagallagher.com\/socaldefenselawyers\/wp-json\/wp\/v2\/tags?post=1831"}],"curies":[{"name":"wp","href":"https:\/\/api.w.org\/{rel}","templated":true}]}}