California Vehicle Code Section 14601.2 VC – Driving on a Suspended Driver’s License Because of DUI

California Vehicle Code Section 14601.2 VC – Driving on a suspended driver’s license because of a DUI as the name implies makes it a misdemeanor for a person who has been convicted of a DUI under either section 23152 or 23153 and has had his license suspended to due to a DUI conviction. You should not take driving on a suspended driver’s license charge lightly as this crime is a misdemeanor that carries up to six months imprisonment in county jail.

So, if you have been charged with violating this law, please contact an experienced driving on a suspended license defense attorney at The H Law Group by filling out the contact form below or by calling us at 1 (213) 370-0404.

TEXT OF CALIFORNIA VEHICLE CODE SECTION 14601.2 VC – DRIVING ON A SUSPENDED LICENSE OR REVOKED LICENSE FOR DUI

According to Vehicle Code 14601.2 VC, “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 violation of Section 23152 or 23153 if the person so driving has knowledge of the suspension or revocation.”

PROVING A PERSON GUILTY OF DRIVING ON A SUSPENDED OR REVOKED DRIVER’S LICENSE

For the prosecution to convict an individual and prove him guilty of driving on a suspended or revoked driver’s license, the prosecution must prove a number of elements as true beyond a reasonable doubt. If the prosecutor fails to prove even one element, he will not be able to convict the defendant of this crime.

The prosecution must prove the following elements:

• The defendant drove a vehicle
• The defendant drove while his driving privileges were suspended or revoked for violating either VC 23152 a VC 23153, AND
• The defendant knew that his driving privileges were suspended or revoked

Note: If the DMV mailed the defendant a notice of suspension or revocation of his driver’s license, the defendant is presumed to have known about the suspension or revocation.

PENALTIES FOR DRIVING ON A SUSPENDED OR REVOKED LICENSE BECAUSE OF A DUI

If the prosecution convicts a person of driving on a suspended or revoked driver’s license because of a DUI, he faces the following potential penalties:

• Conviction of a misdemeanor
• Imprisonment in the county jail for up to six months
• A fine of up to $1,000
• Placement on informal summary probation
• A second offense is punishable with up to 12 months imprisonment in county jail, as well as a fine of up to $2,000

DEFENSES FOR A VIOLATION OF CVC 14601.2

If you have been charged with driving on a suspended or revoked driver’s license because of a DUI, there are a number of defenses that your attorney can make to defend you. Here are some of the defenses your attorney may be able to use:

• The defendant had no knowledge of the suspension or renovation of his driver’s license
• The defendant was not convicted of a DUI
• The defendant did not drive a vehicle

EXAMPLES OF DRIVING ON A SUSPENDED OR REVOKED DRIVERS LICENSE

Anna is convicted of driving with a BAC alcohol level of 0.08% or more in violation of CVC 23152(b). 2 weeks after her conviction, the DMV sends Anna a notice of the suspension of her driver’s license. Anna disregards the notice and continues to drive. A police officer pulls her over for speeding and finds out that her license is suspended. Anna can be charged with and convicted of driving on a suspended drivers license because of a DUI.

John is convicted of a DUI in violation of CVC 23152(a). After he’s convicted, the DMV does not mail John a notice of the suspension of his driver’s license. Two weeks later, while John is headed to school, he gets pulled over and the police officer arrests him for driving on a suspended driver’s license. If John did not know about the suspension of his driver’s license, the prosecution cannot convict him of driving on a suspended driver’s license.

OFFENSES RELATED TO VC 14601.2

• CVC 23152(a) – Driving Under the Influence of Alcohol
• CVC 23152(b) – Driving with a BAC of 0.08% or more
• CVC 14601 – Driving on a Suspended or Revoked Driver’s License
• CVC 12500 – Driving without a driver’s license

CONTACT AN EXPERIENCED SUSPENDED LICENSE DEFENSE ATTORNEY

If you or a loved one has been charged with driving on a suspended or revoked driver’s license because of a DUI, you should immediately contact an experienced suspended license defense attorney at The H Law Group to defend you and fight for you in court. Our attorneys have handled countless cases involving suspended driver’s licenses, so they have the knowledge and experience to best defend you and reduce the consequences you face. Schedule your free consultation today by filling out the contact form below or by calling us at 1 (213) 370-0404.