Vehicle Code 14601.2 ( a ) VC – Driving with a suspend License Because of DUI

Vehicle Code 14601.2(a) VC - Driving with a Suspended License Because of DUI
Watch this video on YouTube Vehicle Code 14601.2(a) VC is the California legislative act that makes it a crime for a person to drive with a suspended license, while the license has been suspended or revoked for either driving under the influence of alcohol ( DUI ) or DUI causing injury, per Vehicle Code 23153 VC.

The linguistic process 14601.2(a) VC states that “ A person shall not drive a motor vehicle at any time when that person ’ south repel privilege is suspended or revoked for a conviction of a irreverence of Section 23152 or 23153 if the person thus driving has cognition of the suspension or revocation. ”

Examples

  • days after getting her license suspended for a DUI, Jenny drives to her boyfriend’s house.
  • following a conviction for DUI causing injury, Maurice gets a notice in the mail that his license has been suspended; however, he ignores it and continues to drive.
  • even though Desmond’s driving privileges were suspended for a DUI, he still drives to work every day.

Defenses There are several legal defenses that a person can raise if accused of a crime under Vehicle Code 14601.2. These include showing that an charge party :

  • had no knowledge of a license suspension;
  • was not “driving;” and/or,
  • did not have a prior DUI conviction.

Penalties A trespass of VC 14601.2 ( a ) is charged as a misdemeanor, as opposed to a California felony or an misdemeanor. A first-time conviction of the discourtesy is punishable by :

  • imprisonment in a county jail for 10 days to six months; and/or,
  • a fine of up to $1,000.

If a party commits the offense a second time, within five years from the first umbrage, then he can be punished with :

  • imprisonment in a county jail for up to one year; and/or,
  • a fine of up to $2,000.

Our California criminal defense attorneys will explain the follow in this article : suspended California driver's license

1. What happens if I drive with a license suspended because of a DUI?

California Vehicle Code 14601.2(a) VC  is the California legislative act that makes it a crime for a person to drive with a suspend license after a DUI. Under this code department, a prosecutor must prove three elements in order to show that a defendant is guilty of a crime. These are :

  1. the defendant drove a vehicle when his driving privileges were suspended or revoked;
  2. the defendant’s driving privileges were suspended or revoked for a conviction of either VC 23152 (DUI), or VC 23153 (DUI causing injury); and,
  3. the defendant knew that his driving privileges were suspended or revoked.

With regards to the third element, please bill that an accused is presumed to have “ knowledge ” of a pause if the DMV mailed him notice of a suspension.

2. What are the best defenses to 14601.2(a) VC?

A person accused under VC 14601.2 ( a ) can challenge the accusation by raising a legal department of defense. A good defense can much get a charge reduced or even dismissed. Please note, though, that it is critical for an accused to hire a knowing criminal defense attorney to get the most effective defense mechanism. Three park defenses are :

  1. no knowledge of suspension;
  2. not “driving;” and/or,
  3. no prior DUI conviction.

2.1. No knowledge of suspension

Please recall that an accused must know that his driving license was suspended to be guilty under Vehicle Code 14601.2. It is a strong legal defense, therefore, for a defendant to show that he had no cognition that his license had been suspended. But, since “ cognition ” under this code section is presumed if the DMV mails a notice of suspension, the accused would have to show that the DMV failed to mail the applicable notice.

2.2. Not driving

A person is only guilty under this code section if he is actually “ driving ” with a suspend license. This means it is a solid defensive structure for an accused to show that he was not physically driving a car. For example, a defendant can show that he was just sitting in the driver ’ s seat without the engine ladder.

2.3. No prior DUI conviction

Please recall that VC 14601.2 makes driving with a suspended license a crime only if the defendant has been previously convicted for either DUI or DUI causing injury. Therefore, an accused could show his innocence by proving that he was never convicted for either VC 23152 or VC 23153. Please note, though, even if there is not a anterior conviction, the defendant could still be found guilty of driving on a suspend license per VC 14601 ( a ). inmate looking out of a jail cell - a conviction under 14601.2(a) VC can lead to up to 6 months in county jail

3. What is the punishment?

A irreverence of Vehicle Code 14601.2 ( a ) is charged as a misdemeanor. A first-time conviction of the offense is penal by :

  • imprisonment in a county jail for 10 days to six months; and/or,
  • a fine of up to $1,000.

If a party commits the crime a second time, within five years from the foremost umbrage, then he can be punished with :

  • imprisonment in a county jail for 30 days to one year; and/or,
  • a fine of up to $2,000.

In stead of imprisonment, a judge has the delicacy to impose misdemeanor probation, or “ drumhead ” or “ cozy ” probation.

4. Are there related crimes I could be charged with?

There are three crimes related to driving with a suspended license after a DUI conviction. These are :

  1. DUI – VC 23152;
  2. driving on a suspended license – VC 14601(a); and,
  3. driving on a suspended or revoked license causing bodily injury – VC 14601.4.

4.1. DUI – VC 23152

Vehicle Code 23152 ( a ) VC is the California legislative act that makes it a crime to operate a motor vehicle “ under the influence ” of alcohol. Per VC 23152(a), “ under the influence ” means that a person ’ s physical or genial abilities are impaired to the extent that he can nobelium long drive equally well as a timid sober up person. VC 23152 ( a ) DUI is the “ immanent ” criterion for DUI. In contrast, Vehicle Code 23152 ( bel ) sets forth the “ per se ” definition of DUI, which in most cases is driving with a blood alcohol content ( BAC ) of 0.08 % or higher. first, second and third gear umbrage DUI charges are prosecuted as misdemeanors in California. Penalties for these offenses can include :

4.2. Driving on a suspended license – VC 14601(a)

Vehicle Code 14601 ( a ) VC is the basic codified that makes it a crime to drive on a suspend license. A person is presumed to “ know ” that his license was suspended or revoked if the DMV mailed him a notice of suspension or revocation. Driving on a suspended license is charged as a California misdemeanor. A first-time conviction of the crime is punishable by :

  • imprisonment in the county jail for up to six months; and/or,
  • a fine of up to $1,000.

If a party commits the offense a second meter, within five years from the first umbrage, then he can be punished with :

  • imprisonment in a county jail for up to one year; and/or,
  • a fine of up to $2,000.

4.3. Driving on a suspended or revoked license causing bodily injury – VC 14601.4

California Vehicle Code 14601.4 VC  is the California legislative act that makes it a crime for a person to :

  1. drive on a suspended or revoked license; and,
  2. cause bodily injury to another person in the course of driving.

A first-time conviction of the offense is punishable by :

  • imprisonment in a county jail for up to six months; and/or,
  • a fine of up to $1,000.

If a party commits the crime a second gear time, within five years from the first umbrage, then he can be punished with :

  • imprisonment in a county jail for up to one year; and/or,
  • a fine of up to $2,000.

Contact us for help…

Team of receptionists with headsets If you or person you know has been accused of a crime per Vehicle Code 14601.2 ( a ) VC, we invite you to contact us for a free reference. We can be reached 24/7.

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