Following a DUI arrest, the DMV will conduct an administrative hearing to determine the status of your license. Often, the DMV will suspend your license for a period of time following the DMV hearing. Normally, a first time DUI will have a four-month suspension and a second-time DUI will have a one year suspension. During this period of suspension, a person may not legally drive at all. If you choose to drive, however, and are stopped by law enforcement for any reason, it is likely that he or she will discover that your license is in suspended status and either arrest you or cite-release you for the additional crime of driving on a suspended license pursuant to Vehicle Code section 14601.2(a).
Vehicle Code section 14601.2(a) is a misdemeanor offense. It essentially states that a person shall not drive a motor vehicle during any period that his or her driving privilege has been suspended or revoked due to a violation of Vehicle Code section 23152 or 23153 if the person has knowledge of the suspension or revocation. Generally knowledge of the suspension or revocation is presumed with proper mailing of the notice of suspension by the DMV or proper notice of the suspension in court.
A first-time conviction for VC 14601.2(a) carries with it a minimum of 10 days and up to six months in county jail and a fine between $300-$1,000. A second-time conviction for this offense (within 5 years) involves a minimum 30-day county jail stay and a maximum one year in county jail. It also carries with it a fine between $500-$2,000.
However, not all driving on suspended license cases involve suspensions for DUI. There are also suspensions of your privilege to drive for other reasons, such as traffic tickets, accidents, etc… Driving on a suspended license under VC section 14601.1(a) involves driving in situations not included in VC sections 14601, 14601.2, or 14601.5. This section also requires knowledge that your license had been suspended or revoked prior to driving. A first conviction for this section may be punished with up to six months in county jail and a fine between $300-$1,000. A second conviction within 5 years requires a minimum five days in county jail and up to one year and a fine between $500-$2,000.
At the Law Offices of Parwana Anwar, PLC our knowledgable driving on suspended license attorneys have handled countless cases involving both VC 14601.1(a) and 14601.2(a) cases. We will fight to keep you out of custody and negotiate your case down to the lowest possible consequence. Many times, these cases may be resolved for a mere infraction and a minimal fine. Our attorneys can review your case and determine whether or not proper notice was provided and if obtaining a current license would assist in your defense. Don’t walk into court alone and plead to something that will give you a criminal record. Call the Law Offices of Parwana Anwar, PLC today and let their experienced Murrieta criminal lawyers defend your case and get you the results you want.