In fact, some instances merit a mandatory jail sentence CVC Personally, I think the punishment is far too severe for the crime but the District Attorney tends to disagree.
Driving with a suspended license can range in punishment depending on the reason for the suspension. Some of the causes for a suspension are non-payment of a parking ticket, failure to pay child support, negligent operator, failure to appear for a court date, or due to a driving under the influence conviction DUI.
The most common suspension that Beahm Law handles is driving on a suspended license due to a prior DUI conviction. This happens to be a very harsh law considering it is a traffic ticket. Do not be fooled, this traffic ticket can be charged as a misdemeanor and, in many jurisdictions of California, is filed as a misdemeanor the majority of the time.
If you are charged with driving with a suspended license, there are certain factors that could also add to the consequences of getting a suspended license ticket. One of the major contributors to harsh punishment is the number of suspended license citations in your history. It is important to remember that this crime is priorable, meaning, every time you get cited for driving with a suspended license, the punishment can get worse.
California Vehicle Code section states that the punishment shall be:. This is the exact text of the vehicle code section mandating a minimum jail sentence in certain cases.
This is why it is critical to hire an attorney to handle a suspended license citation. On top of this, there could be an ignition interlock device requirement. This defense is, however, only valid if you are facing charges for violating VEH Sometimes the revocation of your license may have been unlawful.
Other times, errors may have been in the evidence of the offense that resulted in a conviction and penalties that involved the suspension of your license. If this is true, your lawyer can argue to get your charges for driving on a revoked or suspended license dropped.
Sometimes, prosecutors are open to offering plea bargains for individuals charged with violating VEH Some of the lesser charges your lawyer can bargain for you include:. Various offenses are related to driving with a revoked or suspended license.
These offenses can be charged alongside or instead of the crime of operating a vehicle with a suspended license. Some of these offenses are:. This offense is similar to that of driving with a revoked or suspended license. However, it is a lesser offense that is often used in plea bargains. When you are arrested for driving without a license, you will be charged with this offense.
For a conviction, it will not matter if you were aware you had no license or were unlicensed. The offense is charged as an infraction or a misdemeanor depending on the circumstances of the offense.
In case it is your first violation, and your record is clean with regard to driving, you will likely be charged with an infraction. This is also a lesser offense to that of driving with a suspended license. When you are unable to display your license upon request by a law enforcement officer, you will be faced with charges of:. In California, failing to have your license with you when it is valid is an infraction. However, the charges can be dropped as soon as you are able to show that you had it, and it was valid at the time you got arrested.
If, however, you refuse to display your license when asked to by an officer, you will be prosecuted on misdemeanor charges. You can avoid these criminal charges of driving with a revoked or suspended license if you simply avoided them. If you receive a notice from the DMV stating the possibility of suspending or revoking your license due to:. You have a right to request a hearing with the DMV and have your lawyer help you with the defense.
The DMV gives a time limit to when you can seek this hearing, and it is usually ten days from when the notice is received. However, before your license is suspended, the DMV must notify you, and you have a right to request a hearing, as earlier discussed. These are known as administrative Per Se hearings. If your DUI arrest was that of an underage or you refused to take a chemical test, the suspension of your license would last a year. However, you must request the hearing in ten days from the arrest date.
If you fail to ask for this hearing, you will lose your right to challenge your license suspension, and your license will automatically be suspended. If your license is suspended because of a DUI offense, you can get an IID restricted license that allows you to drive anywhere. This is possible provided you install your car with an ignition interlock device.
If your driving record receives many points, you may be said to be a negligent driver. This, as earlier discussed, can get your license suspended. Various violations will see you earn points with the DMV that are used to determine the kind of driver you are. Drivers found driving on a suspended license, with suspension or revocation as the result of reckless driving or several other reasons noted in the California Vehicle Code, faces sentencing in jail of at least five 5 days, but no more than six 6 months for the first offense, as well as fines of at least three hundred dollars and not more than one thousand 1, dollars.
Drivers convicted of driving while license suspended or revoked, with the original suspension or revocation stemming from those unmentioned above, will face penalties of up to six 6 months of incarceration upon first conviction and fines of at least three hundred dollars, but no more than one thousand 1, Drivers convicted of driving with suspended or revoked license, with reason for suspension being prior DUI conviction or other alcohol or drug related convictions, will face incarceration of at least ten 10 days, but not more than six 6 months.
Talk to a Lawyer. Need a lawyer? Start here. It is important that you understand what the specific requirements are for you based on your charges and the details of your case.
The penalties for driving with a suspended or revoked license will depend on why your license was suspended or revoked in the first place. There are different statues for driving on a suspended or revoked license for certain kinds of offenses. These statutes are detailed below:. Of these reasons, reckless driving is the most common, as it is also a common charge reduction from California DUI charges.
Vehicle Code Under Vehicle Code Of all of the Vehicle Code violations, this is the most serious and carries harsh penalties. Under California Vehicle Code Driving without a license is related to the offense of driving with a suspended or revoked license, but is a less serious offense. Vehicle Code VC may be charged as either a misdemeanor or and infraction.
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