VC 14601.2 – Driving On Suspended License | LA DUI Defense Lawyers Since 1987
Driving On A Suspended License in Los Angeles is one of the most common traffic crimes in California. Although the most traffic violations in Los Angeles are infractions which only carry fines, Los Angeles Driving On A Suspended License charges are considered misdemeanor traffic crimes that can actually result in jail time, probation, and a criminal record if you are convicted. Furthermore, you face enhanced terms of criminal sentencing if you are charged with Driving On A Suspended License under California Vehicle Code 14601.2, which states the following:
A person shall not drive a motor vehicle at any time
when that person’s driving privilege is suspended or revoked for a
conviction of a misdemeanor DUI under VC 23152, or misdemeanor or felony DUI under VC 23153 if the person driving has knowledge of the suspension or revocation.
Misdemeanor Driving On A Suspended License under VC 14601.2 in Los Angeles can have serious repercussions and the consequences are felt immediately as your vehicle can be impounded for up to 30 days on your dime. The consequences can get worse from thereon if you are still on probation for the root charge of the suspension, a misdemeanor DUI. As a result of your suspension’s connection to a prior DUI conviction, the penalties you face are enhanced in comparison to the lesser Driving On A Suspended License charge under VC14601.1. VC14601.2 carries mandatory penalties, meaning the sanctions you face as a result of conviction cannot be avoided. Therefore, if you find yourself facing a Driving On A Suspended License charge under VC 14601.2, do not delay and contact our LA DUI defense firm now.
Los Angeles DUI lawyers Paul Takakjian and Stephen Sitkoff have each practiced criminal law for over 35 years formerly as senior prosecutors with the LA District Attorney’s Office and LASD academy instructors. Mr. Takakjian is certified by the California State Bar as a Criminal Law Specialist and he possesses a 10.0 AVVO rating. Mr. Sitkoff is a former Superior Court Commissioner and possesses an AV rating with Martindale-Hubbell. Call our Los Angeles Driving On A Suspended License lawyers now (888) 579-4844 for a free case review to learn how we can help.
Penalties For VC 14601.2 – Driving On A Suspended License In Los Angeles
Much like a DUI or Petty Theft, Driving On A Suspended License is considered a priorable offense. Therefore, the penalties can be further enhanced or “stacked” if you have prior Driving On A Suspended License convictions. The following are some of the consequences and penalties you face if charged with a Los Angeles Driving on a Suspended License first offense VC 14601.2:
- Mandatory minimum 10 days imprisonment and up to 6 months in LA County Jail
- Mandatory minimum $300 fine up to $1,000
- Summary or informal probation
- Misdemeanor criminal record
- 2 DMV points on driving record
- Community labor or service
- Installation of ignition interlock device (IID)
The Severity of the Case Partly Depends on Why Your License Was Suspended
If you have been caught driving with a suspended license before or have a history of driving while intoxicated, the case and penalties could be more serious. However, there are other variables to consider as well, such as the following factors:
- The type of license that you had
- Whether or not you had violated conditions of a reinstatement or drove with a license that was fully suspended
- What you were doing at the time that you were stopped
- Whether or not there were other relevant circumstances involved, such as a car accident or traffic violation
- Whether you were driving a highway or off highway motor vehicle
- Whether or not you are a habitual traffic offender
If you are charged with VC 14601.2 with a prior Driving On A Suspended License conviction within the last 5 years, you face the following:
- 30 days of mandatory imprisonment and up to 1 year in LA County Jail
- Mandatory minimum fine of $500 up to $2,000 fine
- Summary or informal probation
- Misdemeanor criminal record
- 2 DMV points on driving record
- Community labor or service
- Installation of ignition interlock device (IID)
Los Angeles Driving On A Suspended License And DUI Probation Violations
If you have been convicted of a DUI in Los Angeles and received a sentence of probation, one of your terms of compliance involves obeying all laws. A violation of VC 14601.2 during your probation period would violate your probation, further enhancing the punishment you face. In addition to the increased jail time, fines, and probation you could receive, a Driving On A Suspended License conviction also results in 2 additional DMV points. Therefore, depending on how recently you were convicted of your DUI (a two point DMV violation as well), the additional 2 points from your VC 14601.2 conviction could trigger a Negligent Operator suspension from DMV. Lastly, if you, like most, intend to petition the court for expungement of your DUI conviction pursuant to California Penal Code 1203.4 following the end of your DUI probation period, any violation of probation could jeopardize your chances receiving approval of your petition to clear your record.
All Cases of Driving With a Suspended License Are Serious
Driving with a suspended license will at least be a serious misdemeanor. In some circumstances, it could lead to the loss of probation or parole, which will lead to time spent in jail. Furthermore, if you are caught driving with a suspended license, the suspension is almost certainly going to be extended.
Are There Any Defenses to Driving With a Suspended License?
If you were unaware that your license was suspended, this can be a valid defense. However, this is often a difficult or even impossible case to present to the court. Another common defense is that your constitutional rights were violated. If your rights were violated during the stop, it may be possible to get the case thrown out. A skilled lawyer will help you to determine whether or not your rights were violated.
What if You Aren’t Able to Successfully Plead Not Guilty?
If you are not able to successfully plead not guilty, that doesn’t mean that all is lost. That’s because you may be offered a plea bargain, but accepting it will mean that you have to plead guilty. Here are a few examples of plea deals that a judge might offer:
- Probation instead of fines or jail time
- A lesser charge
- The license suspension being extended for a shorter period of time
Is It Wise to Accept the Plea Deal?
This depends on your circumstances. However, a skilled traffic lawyer will be able to make that determination for you.
Los Angeles Driving On A Suspended License Attorney Since 1987
Regardless of whether you are facing felony or misdemeanor criminal charges, we have the experience and expertise to ensure you receive the best possible resolution to your case. Although Driving On A Suspended License may not sound like a serious offense, the consequences and penalties are real. However, through the advocacy of a qualified Los Angeles criminal defense attorney, the consequences can be mitigated. Call us now at (310) 312-8055 at our main office in West Los Angeles for a free case analysis. For our clients’ convenience, we also maintain satellite office locations in Torrance, Long Beach, Pasadena, West Covina, Westlake Village, Oxnard, Newport Beach, Huntington Beach, Orange, Woodland Hills, and Rancho Cucamonga.
Related Los Angeles Driving on a Suspended License Links
1st Offense DUI | Los Angeles DUI Attorneys: Sitkoff & Hanrahan, LLP