Many drivers do not know it, but driving with a suspended license is a traffic offense that can land you in jail for a significant period and even pay a fine upon conviction. What you do soon after an arrest for the offense of driving with a suspended license can significantly influence the case's outcome at trial.

Despite the valid concerns you could have about what the alleged case could turn out to be, do not panic and say anything you could regret to the arresting officers. One way you can protect your best interests and increase the odds of challenging the alleged case at every stage of the legal justice system is by retaining the services of an attorney.

A skilled and seasoned attorney can investigate and examine the specifics of your unique case to build bulletproof defenses that can work out in your favor for an acquittal of the charge or a lighter charge. Keep reading this article to understand the severity of this offense in the eyes of the law and your available legal options to fight the charge for the possible outcome.

Driving With a Suspended License Legal Definition

According to Vehicle Code (VC) 14601.1(a), it is unlawful for any person to knowingly operate an automobile with a revoked or suspended driver's license (DL). Your driver's license suspension or revocation could happen due to various reasons, including:

  • Negligent driving
  • Reckless driving
  • Drunk driving or driving under the influence of drugs
  • Failure to pay fine
  • Failure to avail yourself in court
  • Failure to provide your proof of insurance in an accident incident
  • Mental incompetence
  • Several demerit points on your driver's license

Unlike what most people think or assume, driving with a suspended license will land you in trouble with law enforcement officers regardless of the reason that led to the suspension. If you are in legal custody for allegedly driving with a suspended DL, retaining the services of an attorney is a step you cannot regret.

Your defense attorney will be your legal counsel and voice at every stage of the prosecution process to fight for the best attainable results on the accused offense.

What to Expect Immediately After An Arrest for an Alleged Violation of VC 14601.1(a)

Although an arrest for VC 14601.1(a) violation can happen anywhere on the road, in most cases, it will occur at a sobriety checkpoint when you least expect it. A sobriety checkpoint is a predetermined and strategic location on the road where police officers randomly stop vehicles for a quick investigation to determine whether or not the drivers were impaired driving.

Even if you were not under the influence, you would be unlucky if you were driving with a revoked or suspended license, which is illegal under VC 14601.1(a). If so, the police will arrest you and drive or walk you to their station for a legal process known as booking. During this process, the officer in charge will:

  • Record the alleged case details
  • Record your date of birth, legal name, and physical description like height
  • Take your picture (mugshot)
  • Take your fingerprint

If it is your first arrest, the arresting officers could release you soon after this procedure without having to post bail with a citation to show up in court at the required date and time. However, if you have a past criminal record or had illegal drugs in your vehicle at the time of the arrest for allegedly driving with a suspended DL, the police could need you to pay bail.

Bail is typically the assurance (mainly in the form of money) you give to the arresting officer or court, promising that you will show up on future court dates to prove your innocence. If it is a financial strain for you or your family to immediately pay your bail, you should consider working with a bail bond agent.

A bond agent can be helpful in this situation to obtain a quick jail discharge or release because, in most cases, an arrest and the need for urgent money are unexpected events.

The Prosecutor's Legal Burden On the Alleged Driving With a Suspended License Offense

Like other charges, the prosecutor with jurisdiction over your case must convincingly prove particular facts beyond a reasonable doubt to convict you for the alleged offense. Here are facts the prosecutor presiding over your case must prove to secure a conviction or guilty verdict against you at trial for VC 14601.1(a) violation:

  • You were driving an automobile, and your DL was suspended or revoked at that time
  • At that particular time, you were aware or knew that the DMV (Department of Motor Vehicle) had suspended your DL

In the eyes of the court, it is not enough to state your defenses to the alleged charges. The court will expect the prosecutor to provide evidence to support his/her case against you. To that end, the court could want to know how the prosecutor knows that you were aware the DMV had suspended your license.

Typically, if all of the facts listed below are true, the court will presume you had knowledge or knew that the DMV had suspended your DL:

  • The DMV had mailed a notice to you informing you about the suspension or revocation of your driving privileges
  • The DMV did send the suspension notice to your most recent address details they or perhaps the court has about you
  • The notice did not return to the sender as undeliverable or failed, meaning you received it

Alternatively, the court can presume you knew about your DL suspension if the following two facts are true:

  • A police officer had served you with a notice of license suspension after an arrest as a suspect for a crime warranting suspension or revocation of your DL
  • The judge or jury informed you of the suspension after a conviction for a particular crime, for example, DUI causing injury under VC 23153

To obtain a guilty verdict against you for VC 14601.1(a) violation, the prosecutor must have viable evidence and convincing arguments to prove these elements or facts beyond a reasonable doubt. If not, the court could return a "not guilty" verdict or reduce the alleged charge to a lighter charge.

You will rely on your attorney to provide bulletproof arguments that can weaken the prosecutor's case against you for a favorable outcome.

Viable Defenses to VC 14601.1(a) Charges

Below are a few of the most common and applicable legal defenses that a skilled and seasoned attorney can apply at trial to challenge the alleged VC 14601.1(a) charges for the most appealing results possible:

  1. You Had No Knowledge

As mentioned in the previous section, one of the most difficult parts the prosecutor has to prove for a conviction under VC 14601.1(a) is that you had knowledge or perhaps were aware of your DL suspension.

Therefore, it would be reasonable to argue that you did not know about the license suspension or revocation to fight the alleged charge for the best possible outcome. For instance, this legal defense would apply if the DMV mailed the notice to an old address you no longer use, meaning you did not see or receive it.

  1. You Were Not Driving

Like a DUI charge, you cannot be guilty of VC 14601.1(a) violation if you were not driving or operating an automobile. Therefore, if you were relaxing in a parked car when the police arrested you, the prosecutor cannot convict you for the offense of driving with a suspended license under VC 14601.1(a).

  1. You Had a "Restricted" DL

In most cases, the court will allow defendants with a suspended DL to apply for a restricted DL with the DMV. As the name suggests, if you are eligible for this license, you can drive restrictedly before reinstatement of your driving privileges. For instance, with this license, you can:

  • Drive within the limitations approved by the court
  • Drive to school or work
  • Drive to your DUI classes as part of your sentencing requirement

Therefore, if you were operating a vehicle within these limits, the court could find this defense viable for a lighter charge or perhaps dismissal of the alleged VC 14601.1(a) charges.

  1. Your DL Suspension Was Invalid

You can only be guilty under VC 14601.1(a) if the court or the DMV has suspended or revoked your driving privileges for any of the reasons mentioned in the previous section. Therefore, it is a viable and reasonable defense to argue that you had a lawful DL when the police arrested you for allegedly driving with a suspended license.

  1. There Was a Necessity

At the trial hearing for the alleged offense, your attorney can help you avoid a guilty verdict or conviction by arguing that you had a reasonable excuse to commit the offense, meaning you had no choice. For instance, your attorney could argue that you or a loved one had an emergency medical condition necessitating you to drive him/her to the nearest hospital with a suspended DL.

If these defense arguments work out in your favor, the court will reduce or dismiss the alleged VC 14601.1(a) charges. All you need is an aggressive and knowledgeable defense attorney in your corner for the best legal representation possible to achieve a favorable outcome.

In most cases, the prosecutor will be willing to reduce the alleged charge to a lighter offense, like driving without a valid license to save time and resources if you do not have a criminal record. An experienced attorney understands the possibility of a favorable plea bargain option and will leave no stone unturned when fighting for a favorable judgment on the alleged charge.

Penalties for a Conviction for VC 14601.1(a) Violation

Typically, the prosecutor will file a VC 14601.1(a) charge as a misdemeanor offense. The penalty you will face after conviction for VC 14601.1(a) violation will typically depend on why the DMV had previously suspended your driving privileges. Generally speaking, a first-time conviction for VC 14601.1(a) violation will carry the following penalties:

  • A jail term of between five days to six months
  • A fine ranging between $300 to $1,000

It is worth noting that after this first conviction, repeat offenses for VC 14601.1(a) violation that occur within five years will result in increased penalties of not more than one (1) year in jail and not more than $2,000 fine. If the reason for your DL suspension was a DUI charge conviction, the judge could require mandatory installation of an IID (Ignition Interlock Device) on your vehicle.

An IID is a gadget that prevents your vehicle from igniting when it detects any amount of alcohol in your breath vapor. Additionally, if you were still on probation for a previous DUI charge conviction, an arrest for an alleged VC 14601.1(a) charge can lead to termination of your probation.

When that happens, the court can have you serve the remaining sentence for the underlying DUI charge conviction behind bars. Even after receiving a guilty verdict for the alleged VC 14601.1(a) charge, a skilled attorney can influence the judge's decision at the sentencing hearing for a lighter punishment.

Offenses Related to VC 14601.1(a) Charge

Various offenses under the vehicle code are related to VC 14601.1(a) charge, meaning they have common or similar elements that the prosecutor must prove at trial for a conviction. The prosecutor could charge you with either of these offenses instead or alongside the alleged VC 14601.1(a) charge:

Driving Under the Influence (DUI)

When a law enforcement officer arrests you for allegedly driving under the influence of unlawful drugs or alcohol, he/she will confiscate your license and give you a 30-day pink temporary license.

Once you receive this temporary license, you will have not more than ten (10) days to request a DMV hearing. Otherwise, the DMV will suspend your license after 30 days when you refuse or fail to do so. Upon conviction at trial, a first-time DUI charge can attract the following potential penalties:

  • Mandatory installation of an IID in your vehicle
  • Up to $1,000 fine
  • Three (3) to five (5) years of probation
  • A DUI school for not more than nine (9) months
  • A jail term of up to six (6) months
  • Driver's license suspension for up to six (6) months

Driving Without a License

VC 12500 is the law that makes it illegal to drive without a valid DL. The prosecutor will typically file this offense as a wobbler, meaning you could face infraction or misdemeanor penalties upon conviction at trial. As an infraction, a guilty verdict or conviction for VC 12500 violation will only result in a fine not exceeding $250.

However, when charged as a misdemeanor, a guilty verdict for VC 12500 violation can result in an incarceration term of not more than six months.

Failing to Show a Driver's License

Failing to show a driver's license under VC 12951 is another less severe offense the prosecutor can submit against you alongside or instead of the alleged VC 14601.1(a) charge. In most cases, the prosecutor will submit this charge against you if his/her evidence is insufficient to convict you for the offense of driving with a suspended license under VC 14601.1(a).

According to VC 12951, it is an infraction offense for any person to drive or operate an automobile without having a valid DL in his/her possession. Further, this law also makes it a misdemeanor offense to fail or refuse to show or present your DL upon request by a police officer.

If guilty of VC 12591 violation as a misdemeanor, you could end up in jail for not more than six (6) months and pay a fine not exceeding $1,000. However, when charged as an infraction, a conviction for VC 12591 violation will carry only a fine not exceeding $250.

Illegal Use of a Driver's License

According to VC 14610, using a DL for unlawful or illegal purposes is illegal. For the sake of this statute, unlawful use of a DL is when a person:

  • Presents or shows a fraudulently obtained DL to a law enforcement officer upon request
  • Possesses a revoked or suspended DL
  • Refuses to surrender a suspended DL
  • Duplicates a non-citizen DL
  • Lends a DL to another
  • Allows another person illegally use his/her DL

A violation of this statute is charged and punishable as a misdemeanor. A conviction will carry the potential penalties listed below:

  • $1,000 maximum fine
  • Up to six months of detention in jail

Bottom Line

Hiring an attorney is the best way to protect your best interests and legal rights when charged with VC 14601.1(a) or any other related offense. A skilled and aggressive attorney will go a long way to ensure your case is dismissed or reduced to a less severe offense with less detrimental consequences.

Find a Los Angeles Criminal Defense Attorney Near Me

If you or someone you care about is facing charges of driving with a suspended license, your best and most reliable option is to work with a skilled attorney. Our experienced and profound attorneys at Los Angeles Criminal Attorney can offer you the exceptional legal representation you need to obtain the best attainable outcome on the alleged charge.

Call us today at 424-333-0943 to discuss your case details with our discreet and understanding attorneys.