Driving On Suspended License - California Vehicle Code 14601
For the past twenty-five years, I have been defending people related to driving on a suspended license all over Los Angeles County. These cases are severe to people because they can cause you to lose your license for a more extended period if you have already had it lost, or it can make it very difficult to get your license in the future.
Also, you don't want a misdemeanor on your record if you could avoid it, and you don't want to deal with the punishment that comes with these driving while suspended license cases.
So, the biggest thing I have clients do is figure out how and when they can get their licenses. In other words, what's the roadblock to getting your driver's license? If we can get the driver's license, the judges and prosecutors will be very reasonable when resolving the case.
A lot of times, we can avoid a conviction for a misdemeanor by getting an infraction instead. We can avoid jail time, and we can really get it taken care of and eventually get it deleted off the record.
Why Was Your License Suspended?
One crucial aspect the courts consider in driving on a suspended license case is the reason for the license suspension. The more serious the cause, the more challenging it becomes to avoid a criminal conviction and harsh penalties.
If, on the other hand, your license was suspended because you didn't pay a ticket or something, and you can pay that ticket and get it back, that would be a situation where we can probably get an infraction and eventually get the case dismissed.
Often, people can get their license back from the DMV when it is taken away. All they have to do is turn in some paperwork or pay some fee, and they forget to do it, or they just are too lazy to do it, and then they get hit with one of these cases, and we can show the prosecutor they could have had their license, but for them just not getting it.
In these circumstances, we will get an excellent result for the client because the courts, the prosecutors, and the police all have an incentive for people to have their licenses.
They want people to have a license and insurance and drive around legally. If you can show them that you can do that, they'll be much easier to deal with, and you'll get a much better result.
DUI or Reckless Driving
If you have driving on a suspended license case related to a DUI or some other grave reason – some points built up or reckless driving - that's when the prosecutors and judge are going to be thinking that they want to punish you severely, put you on probation, maybe even send you to jail for some time to teach you a lesson so you do not engage in dangerous driving, and so that you obey the rules of the road and do not drive with a suspended license.
Sometimes, these cases are over-inflated and look much more severe than they are. This is where you're going to need an excellent criminal defense attorney to come in who's used to dealing with a Vehicle Code 14601 VC violation – driving under a suspended license case – and knows the ins and outs of these cases and knows how to get you a result so that you could either get the case expunged, get it dismissed, get it moved down to an infraction – there are all sorts of different things that can be done depending on the circumstances of the case.
Legal Defenses for Driving On A Suspended License
Understanding the legal defenses for driving on a suspended license can provide a sense of relief. It's crucial to be aware of your rights and the potential strategies that can be employed in your defense.
One of the best defenses to driving on a suspended license case is I didn't know that my license was suspended. One of the elements that the prosecutors and the police have to prove to a judge is that you had notice of the suspension. The best notice you can get is if the court tells you in court – hey, your license is suspended. Don't drive on it anymore, or you'll get in trouble.
The second best way is if they hit you with a certified letter, and they can prove it was served on you from the DMV, the court, or somewhere else, saying that your license is suspended. Then you know you can't drive on a suspended license.
Often, I see that the DMV is just sending information to people – either they're sending it to the wrong address, or the person is not getting it, and they don't know their license is suspended.
This could be a complete defense to driving on a suspended license case. So, the type of service they give you and how they let you know that your license is suspended is essential. There's a myriad of other ways that you can argue that you didn't know your license was suspended and be able to defend the case. It just depends on the facts and circumstances of your case.
When it comes to driving on a suspended license case, we leave no stone unturned. We sit down, go over all the details, and ensure we have a clear understanding of what happened, why the license was suspended, and whether you were aware of it.
Strategic Planning for a Positive Outcome By working with your attorney to devise a strategic plan, you can feel hopeful about the potential for a positive outcome. This approach can help you avoid some of the harsher consequences that can come with this type of offense.
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