It is unlawful to operate your automobile while the court or the DMV has withdrawn your driving privileges. The offense is a misdemeanor punishable by a mandatory jail term and further driver’s license suspension. The consequences of the crime vary based on many factors, like your criminal record, the reason for the initial revocation, and whether it is your first offense or a habitual traffic offender (HTO).

Many defendants who face these counts are unaware of the penalties of a guilty verdict. Some even plead guilty without putting up a fight. With the severity of the consequences of the crime, not defending yourself is a huge mistake. You should contact a defense attorney immediately after arrest to help you avoid the consequences of being behind the wheel on a suspended driver’s license and reinstate your license.

A Quick Glance at Driving While Your License is Suspended

Vehicle Code (VC) 14601 prohibits individuals from operating an automobile any time their license has been revoked or suspended when they are fully aware of the withdrawal or suspension.

The driver’s license suspension or revocation process is complex, and obtaining a restricted or occupational license is expensive, so many individuals face charges for a VC 14601 violation. Despite the complex nature of the license suspension, it remains a crime to drive while your license is on suspension.

It is essential to understand that there is a difference between suspension and revocation. Suspension is the temporary withdrawal of your license, which can be restored after you fulfill particular conditions. On the other hand, revocation is the permanent withdrawal of a driver’s license or waiting for reapplication after qualifying for the driving privilege.

Reasons for the Temporary or Permanent Loss of Driving Privileges

The apprehending officer, DMV, and the court can withdraw your license for various reasons. These reasons are:

  • A drinking and driving sentence.
  • Reckless driving.
  • Reckless driving that causes injuries.
  • Lack of auto insurance.
  • Not reporting a car accident to the DMV.
  • Skipping scheduled court proceedings.
  • Mental or bodily impairment that makes it dangerous to drive a motor vehicle.
  • Unpaid tickets.
  • Failure to submit a sample for chemical testing.
  • Refusal to reimburse child support.
  • Accumulating multiple points to your license.

Even if your driving privileges were withdrawn because of any of these reasons, the prosecutor still has the burden of proof and must demonstrate to the court during prosecution that you knew the license was suspended.

Elements of a VC 14601 Violation

The DA or prosecutor should show that:

  • You operated a car while your driving privileges had been withdrawn.
  • You were aware of the partial or permanent withdrawal of the privileges.

Proving knowledge of the suspension is relatively easy for the prosecutor. All they need to do is show the court that:

  • The DMV mailed you a notification of the license loss.
  • The notice was sent to the most current address on the police, DMV, or court file.
  • The message has not reverted to the DMV as undeliverable.

Alternatively, the court will presume you knew about the suspension if an officer notified you of the license withdrawal after a driving crime or confiscated your physical license.

Besides, if the judge notified you of the suspension after you were found guilty of a driving crime, then it will be assumed you knew of the loss of the driving privilege.

If any of these facts are true, the court presumes you were aware of the withdrawal. Nevertheless, these facts are not proof of knowledge but only establish a presumption for the court, which then must rule on whether or not you did not know of the license withdrawal.

You must retain the services of an experienced defense attorney to contest the presumption and demonstrate to the court your lack of knowledge about the loss of driving privileges.

Driver’s License Reinstatement

Suspension of your driving privileges means temporarily losing your license because of a violation of particular laws. Also, your privileges can be permanently withdrawn when you commit a severe crime.

Most suspensions stem from accumulating several tickets or unpaid tickets for driving while impaired, traffic violations, or causing an accident. Unpaid taxes or child support can also trigger the withdrawal of driving privileges.

Your license can only be restored after the suspension has lapsed. Do not assume that after the suspension duration expires, your driver’s permit will automatically be reinstated. Restoration of privileges in California is not automatic. You must take particular steps for reinstatement.

Losing driving privileges does not mean you will never operate a vehicle again. You can reinstate the license by:

  • Completing your sentence, court-imposed course, or the driving privileges suspension period.
  • Visiting the DMV with all the requisite documents.
  • Furnishing the DMV with proof of insurance.
  • Paying reinstatement fees.
  • Paying the necessary court payments.

The requirements for license reinstatement hinge on the primary reason for the suspension. Each reinstatement has particular conditions that you must fulfill, depending on the case. Therefore, you should understand the specific requirements of your case. You can work out a license withdrawal in several ways.

Alternatively, when the reinstatement of the privileges will take a long time, you should consider applying for an occupational license that allows you to drive to specific areas like a court program, job, or school. Nevertheless, these licenses are only available for persons whose license suspension was due to a DUI or lack of auto insurance. If you are seeking an occupational license:

  • You should sign up for a drinking and driving program and furnish the court with evidence of an enrollment certificate.
  • Apply for the license with the area DMV office.
  • Show proof of financial accountability.
  • Part with re-issuance fee.

You must know that your driving privileges will be reinstated once you prove you have updated car insurance coverage.

The last step in driver’s license reinstatement is paying the legal reinstatement fee, typically $15 for a court restriction, $20 for removing the driver’s license restriction, and $24 for a drug suspension.

License reinstatement is complex, so you want to partner with an experienced attorney to guide you. Working alone could delay the reinstatement process.

Possible Consequences for a VC 14601 Violation

VC 14601 has multiple subsections, each carrying varying consequences. When determining the punishment, the court considers various factors, like a criminal record and the case’s nature. Also, you risk penalty enhancement when operating a vehicle with a withdrawn license within seven years of committing a driving offense.

The consequences of the violation vary based on the suspension reasons. If you commit vehicular manslaughter, are an HTO, or have a DUI sentence, a violation of VC 14601 attracts more stringent penalties.

The penalties for breaching VC 14601 do not include prison incarceration.

The various subsections of VC 1461 outline multiple reasons for losing a driver’s license and their penalties for driving without a permit under the circumstances. The statutes include:

Driver’s License Loss for Specific Crimes

According to VC 14601, it is unlawful to be behind the wheel of a car when you are fully aware that your driving privileges have been partially or permanently withdrawn because of these offenses:

  • Reckless driving.
  • Negligently operating an automobile.
  • Incompetent driving.

Of all these causes, reckless driving is the leading cause of driver’s license loss because prosecutors offer it as a charge reduction for DUI during plea bargaining. The punishments for a VC 14601 violation are:

  • Five to six months of jail incarceration.
  • $300 to $1,000 in financial court fines.

When the license suspension resulting in your VC 14601 violation charges was from the DMV because of speeding and traffic rules violations, you risk $300 to $1,000 in court fines and possible jail incarceration of at least five days and no more than six months.

If you are a first-time offender and enter a plea deal for driving with a license suspended because of a DUI sentence, you will pay a penalty evaluation fee and fit an IID. However, if you are a repeat offender within sixty months, your penalties will be as follows:

  • Ten days to one year of jail incarceration.
  • $500 to $2,000 court financial fines.
  • Penalty evaluation and IID installation.

Driver’s License Loss for General Offenses

Under VC 14601.1, it is unlawful to drive a car when you know that your license has been withdrawn, even when the reason for the withdrawal is not clearly stated in the law. A conviction for violation of this statute is punishable by:

  • Financial court fines ranging from £300 to $1,000.
  • Jail incarceration of no more than six months.

The penalties will increase as follows if it is your second or subsequent VC 14601.1 violation in half a year:

  • One month to one year of jail incarceration.
  • $500 to $2,000 in court-imposed monetary fines.
  • Penalty assessment fees.
  • IID installation if you have a VC 14601.2 plea bargain.

If you are unaware of offenses listed as general, you should talk to your attorney to understand them.

License Loss Due to DUI Conviction

Per VC 14601.2, it is unlawful to operate a motor vehicle when you know your license is suspended or revoked because of a guilty verdict for driving under the influence. The DUI sentences that result in driver’s license loss are:

  • Operating an automobile with a blood alcohol level exceeding .08%.
  • Being behind the wheel while intoxicated by substances.
  • Drinking and driving resulting in injuries.

If the reason for the license withdrawal is a DUI conviction, operating a car without a license will attract ten to 180 days in jail. Additionally, the court will impose a financial fine ranging from $300 to $1,000. Also, the court will order you to pay a penalty evaluation fee.

If the court convicts you of operating a car with a license suspended because of a DUI, they will order you to install an IID. The device acts as a breathalyzer and prevents the vehicle from igniting if it detects alcohol levels in your breath.

Driver’s License Loss for HTOs

VC 14601.3 prohibits you from accruing several driving offenses or counts while your license has been temporarily or permanently withdrawn. The court will declare you an HTO under this subsection if you amass these traffic violations within twelve months of driving privileges suspension by the DMV:

  • A subsequent offense for breaking VC 14601.
  • A speeding offense.
  • A VC 23152 violation.
  • At least three car accidents causing injuries or property loss valued at most $750.
  • At least three general moving violations.
  • At least two offenses involving reckless driving.

The statute not only makes it unlawful to drive with a suspended license but also to accumulate tickets for traffic violations while your license has been withdrawn. A guilty verdict for a VC 114601.3 violation attracts the following penalties:

  • Jail term not exceeding thirty days.
  • At most, 36 months of misdemeanor probation.
  • A court fine not exceeding $1,000.

Nevertheless, for repeat offenders, the penalties are harsher, and they include:

  • Court fines of at most $2,000.
  • A jail term of at most 180 days.
  • At most, 36 months of misdemeanor probation.

These penalties are imposed on top of the baseline offense. Besides, you risk additional punishment when police apprehend you for driving when you have lost the privileges to do so. Even if you are a HTO, the law allows you to contest the charges against you. A competent defense attorney will compel the court to charge you with a lesser offense with more lenient penalties.

Refusal to Submit a Sample for Chemical Testing or Operating a Vehicle with an Illegal Blood Alcohol Weight

VC 14601.5 forbids you from driving while your license has been suspended because of failure to submit to chemical testing or driving with a BAC beyond the designated limit. The subsection prohibits:

  • Operating a car with an unlawful BAC.
  • Refusal to submit a blood or urine sample for chemical testing after an arrest for drunk driving.
  • An underage drinking and driving charge involving failure to submit to preliminary alcohol screening (PAS) or with a blood alcohol mass not exceeding 01%.
  • Decline to submit a sample for chemical testing after an arrest for drinking and driving while serving probation.

Violating VC 14501.5 attracts the following punishment:

  • At most half a year of jail incarceration.
  • Court fines of at most $300 to $1,000.
  • Penalty assessment.
  • IID installation for a first-time offender.

If you accept a plea deal in relation to a VC 14601.2 violation charge and receive at least two convictions for a VC 14601.5 violation in five years, the sentence for a subsequent crime within that time frame carries ten days to twelve months in jail and requires the installation of an IID.

Initially, a charge for driving with a license that has been withdrawn does not seem serious, and many defendants take it lightly. However, the offense is severely punished, so you must hire a criminal attorney to defend you and reduce the penalties or prevent them entirely.

Defending Against VC 14601 Violation Charges

When handling VC 14601 violation counts, it is advisable to have a skilled attorney in your corner instead of representing yourself. The right attorney will be pivotal in contesting the charges. Your attorney will investigate the case’s facts and craft appropriate defenses for a favorable ruling. Some of the defenses the attorney will use are:

  1. You were Unaware of the License Suspension or Loss

When prosecuting these cases, the DA must show you knew of the withdrawal of your driving privileges. The offense revolves around knowledge of the suspension. The court presumes knowledge if the DMV took the necessary steps to notify you of the suspension. However, your attorney can prove you lacked knowledge of the suspension by citing that the procedures used to inform you were unsuccessful or improper.

  1. You were Operating the Car on a Restricted or Occupational License

When the DMV withdraws your license, you can still drive, but only if you are issued an occupational license. Therefore, if, at the time of arrest, you had a valid restricted license on suspicion of a VC 14601 violation, the court will drop the charges. However, you can only use this defense for charges under subsections VC 14601.2 and 14601.5.

  1. The License Suspension or Loss was Invalid

You only violate VC 14601 if the license withdrawal is valid. Therefore, if the suspension was invalid, you are innocent. Talk to your attorney about the offense leading to the suspension so that they can find evidence to prove that the decision to suspend the license was illegal. The attorney can cite a violation of your constitutional rights or an error in the evidence used to convict you to show the court that the initial decision to suspend your license was unlawful. Your attorney will then petition for the suspension to be dropped, after which the charges for the VC 14601 violation will be dropped.

  1. Plea Deal

The prosecutor never wants to spend their time and resources on a case they are not guaranteed to win. Therefore, they can be willing to offer a plea deal where you plead guilty to a minor offense, like an infraction, in exchange for a VC 14601 violation charge dismissal. A plea deal is available if you have a clean record and have taken steps to reinstate your license.

Find a Skilled Defense Attorney Near Me

An arrest or charge for driving on suspended privileges does not make you guilty. All you need is to retain the services of a skilled criminal defense lawyer. At The LA Criminal Defense Law Firm, we can help you prevent the consequences of operating a car after losing your license. Call us today at 310-935-1675 to arrange a meeting in Los Angeles.