Driving When Privilege Suspended or Revoked:
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A suspended license conviction is priorable, which essentially means that each additional conviction will carry greatly increased penalties because of your prior record.
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 This includes out-of-state drivers whose privilege to drive in California has been revoked.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 district attorney 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 to focus on when defending a VC 14601 case 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
Driving on a suspended license is a misdemeanor offense and punishment may include probation, jail time and substantial fines. Penalties will 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.
Vehicle Code Section 14601:
(a) No person shall drive a motor vehicle at any time when that person's driving privilege is suspended or revoked for reckless driving in violation of Section 23103 or 23104, any reason listed in subdivision (a) or (c) of Section 12806 authorizing the department to refuse to issue a license, negligent or incompetent operation of a motor vehicle as prescribed in subdivision (e) of Section 12809, or negligent operation as prescribed in Section 12810.5 , if the person so driving has knowledge of the suspension or revocation. Knowledge shall be conclusively presumed if mailed notice has been given by the department to the person pursuant to Section 13106. The presumption established by this subdivision is a presumption affecting the burden of proof.
(b) Any person convicted under this section shall be punished as follows:
(b) Any person convicted under this section shall be punished as follows:
(1) Upon a first conviction, by imprisonment in a county jail for not less than five days or more than six months and by a fine of not less than three hundred dollars ($300) or more than one thousand dollars ($1,000).
(2) If the offense occurred within five years of a prior offense which resulted in a conviction of a violation of this section or Section 14601.1, 14601.2, or 14601.5, by imprisonment in a county jail for not less than 10 days or more than one year and by a fine of not less than five hundred dollars ($500) or more than two thousand dollars ($2,000).
(c) If the offense occurred within five years of a prior offense which resulted in a conviction of a violation of this section or Section 14601.1, 14601.2, or 14601.5, and is granted probation, the court shall impose as a condition of probation that the person be confined in a county jail for at least 10 days.
(d) Nothing in this section prohibits a person from driving a motor vehicle, which is owned or utilized by the person's employer, during the course of employment on private property which is owned or utilized by the employer, except an offstreet parking facility as defined in subdivision (d) of Section 12500.
(e) When the prosecution agrees to a plea of guilty or nolo contendere to a charge of a violation of this section in satisfaction of, or as a substitute for, an original charge of a violation of Section 14601.2, and the court accepts that plea, except, in the interest of justice, when the court finds it would be inappropriate, the court shall, pursuant to Section 23575, require the person convicted, in addition to any other requirements, to install a certified ignition interlock device on any vehicle that the person owns or operates for a period not to exceed three years.
(f) This section also applies to the operation of an off-highway motor vehicle on those lands to which the Chappie-Z'berg Off-Highway Motor Vehicle Law of 1971 (Division 16.5 (commencing with Section 38000)) applies as to off-highway motor vehicles, as described in Section 38001.
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