When it comes to driving on a suspended license, the potential penalties are significant. You may need to navigate the complexities of the DMV, and even after regaining your license, the time before its reinstatement will be extended due to the accumulation of extra points on your record.
Additionally, one of the most significant questions regarding driving on a suspended license cases in Los Angeles is why your license was suspended. It's one thing if your license is suspended because of points. The penalties for driving on a suspended license can include fines, increased insurance rates, and even jail time, depending on the circumstances.
We can often reduce it to an infraction, even though they might file it as a misdemeanor. But, if your license is suspended because of a DUI and you're driving on a suspended license related to that, then you're looking at mandatory jail time if you're convicted of California Vehicle Code Section 14601, which is the misdemeanor DUI conviction. Then, you'll have a misdemeanor on your record.
Under California Vehicle Code Section 14601.2, it's a crime to knowingly drive when your license has been suspended or revoked because of a conviction for driving under the influence of drugs or alcohol or other DUI-related offenses.
Additionally, if someone is caught driving with a suspended license, their car is often impounded for thirty days, and they will be unable to retrieve it. We often have to deal with that when we help the registered owner.
Sometimes, the registered owner has no connection to the car being impounded. Their loved one, whoever it is—maybe they're just a friend—lets somebody borrow the car, and then the registered owner can try to get that car released by the police and the tow yard that has it.
These suspended license cases are particularly severe. Another significant issue that arises in a suspended license case is noted. Did you know that your license was suspended? Or do you think you should have a good idea? The notice must be in the correct form. The presumption that you knew would exist if the DMV, law enforcement officer, or judge followed the appropriate legal guidelines to notify you of the suspension.
For example, if a judge tells you, your license is suspended. Don't drive. If you are caught driving, you'll be charged with a misdemeanor, and you may face jail time. That's reasonable notice. If law enforcement tells you, and they're going to testify that they told you face-to-face, your license is suspended. That's good service. If you get caught driving, it will be a driving on a suspended license case in Los Angeles.
Defenses for Driving on a Suspended License
But what if the DMV mails you something saying your license is suspended? That will probably be a better service because we don't know how to verify that you received it. How do we know when you got it about getting pulled over and busted for driving on a suspended license? The prosecutor must prove that you were aware of the suspension.
The DMV sends it via Certified Mail, and you sign for it. That would be sufficient for purposes of notice regarding a suspended license. The most important thing is that they must notify you that your license is suspended. That's why when the police arrest you, they give you a pink slip saying that your license will be suspended. You have ten days to contact the DMV after they receive a notice for a DUI case.
Another thing that I'm able to do in a lot of these suspended license cases is get them reduced down to misdemeanors and infractions, and even the lesser charge like a 12500 of the Vehicle Code, which is just driving with no license, which is usually just a small fine and a lot of times we can convert that even down to an infraction.
The critical thing to be able to do is (1) you can't have any other driving on a suspended license case, and (2) you can get your license. The courts are set up to encourage people to have a valid driver's license and valid insurance.
If you get caught driving with a suspended license and no insurance, you can rectify the situation by obtaining insurance and a valid driver's license, and I can present that driver's license in court. This presents a clear path to a positive resolution, giving you reason to feel optimistic.
I've got a lot of power to resolve and negotiate that case. Even if you have prior convictions, it helps me tremendously when I walk in with a valid driver's license, because, again, that's the goal of the courts – to ensure everybody is driving lawfully and has insurance. That way, if there's an accident or an issue, the person who is the victim of that particular case is covered.
If you find yourself facing a driving on a suspended license charge anywhere in Los Angeles County, take comfort in the fact that I've been handling these cases for twenty-five years. I possess a wealth of experience, understand the intricacies of the courts, and know how to effectively defend these cases. I can provide the guidance and support you need to navigate this challenging situation, with the potential for a positive outcome.
Every case is different, and I do it by having you come in. We sit down and talk about our game plan, and when you leave my office, you leave with a plan in mind of exactly how we're going to attack your suspended license case—what we're going to do, what we're going to get, and the result that we're going to drive for. Your active participation is crucial in this process, empowering you to take control of your situation.
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