What Happens If You Drive With A Suspended License In California
Anyone caught driving with a suspended driver’s license in California should not hope to receive an ordinary traffic ticket, as operating a motor vehicle while being aware that your license has been suspended is considered a serious traffic infraction.
Getting arrested by a law enforcement officer for violating your suspension will lead to a misdemeanor charge that will permanently reflect on your record.
California Law On Driving With A Suspended Or Revoked License
In the year 2021, new traffic regulations were passed in California in an attempt to reduce the number of distracted and drunk driving accidents recorded annually. The new California DUI penalty led to a surge in the number of license suspensions due to countless preliminary alcohol tests and chemical test refusals.
Ideally, a license suspension means your driving privileges have been temporarily withheld. Therefore, you are no longer permitted to drive in California or any other state for that matter until the suspension period is over and all the requirements for your license reinstatement have been met. While a large percentage of drivers with suspended licenses choose to wait out their suspension periods, the number of people who intentionally violate the terms of their suspension is steadily increasing.
The penalty for driving without a valid California driver’s license is wide-ranging. It can include heavy fines, jail time, probation, an increased suspension period or license revocation, and of course, a guaranteed misdemeanor charge. The penalty assigned can sometimes be determined by subsequent convictions and whether or not the offender was aware that their license was suspended.
California Vehicle Code On Drivers Who Violate Their License Suspension
According to California vehicle code section 14601, it’s a crime to drive while being aware that your license has been suspended. Here is everything you need to know about what the Californian law enforcement agency has to say about drivers who violate the terms of their suspension:
- Under no circumstance must any person operate a motor vehicle with a suspended license for reckless driving or DUI arrest. While this applies to any driver driving without a valid California license or with their license suspended, the penalties are more strict with people facing DUI penalties.
- Choosing to drive during one’s suspension period is considered a serious traffic violation. The legal consequences will vary by the circumstance that led to your driver’s license suspension and the recent arrest.
- If there is to be a conviction, the arresting police officer must prove that the defendant drove while in their right physical or mental condition and is aware of the fact that they have a suspended license. If it is established that the accused was not aware that their license had been suspended, then there are no solid grounds for a conviction.
If your license was suspended on a less serious offense or if it is your first offense, you can speak with an attorney to let you know your legal defenses.
What You Should Expect To Happen If You’re Arrested For Driving Without A Valid License
The severity of the penalty you’ll receive will mostly be determined by the reason why your license was suspended in the first place and if you’re a habitual traffic offender. For instance, if your driving privileges were withheld because you failed to appear in court at the predetermined date or if a DUI conviction caused you to lose your driving privilege.
If your license suspension was due to the latter, you could expect an extensive jail sentence and a steeper fine since it’s considered a more serious offense.
How Penalties Are Assigned For The Criminal Offense Of Driving On A Suspended or Revoked Driver’s License
Below is how the Californian Vehicle Code system assigns penalties to offenders to intentionally go against the terms of their license suspension:
1. First Time Offenders Are Made To Pay Fines And Face Possible Jail Time
Getting convicted for driving with a suspended or revoked license will attract a fine of $300 to $1,000. These figures only apply to first-time offenders. Other than the fine, first-time violators also risk a short-term jail sentence. The imprisonment term is usually 5 days or more, but no less.
2. Violators Who Have Been Arrested Previously For Disregarding Their License Suspensions
People with prior convictions for violating the Californian Vehicle Code 14602, which states that no one is allowed to drive motor vehicles with a suspended or revoked license, will pay considerably higher fines than first-time offenders. The fine is usually around $500 to $2,000.
Habitual traffic offenders such as these face mandatory jail time. The sentence is typically ten days in county jail.
What Are The Long-Term Consequences Of Violating A License Suspension?
The long-term repercussions of a restricted license violation have even harsher consequences than other traffic offenses, as it’s considered a misdemeanor crime. People who are convicted for violating their license suspension typically get charged with misdemeanors, which usually remain on their records indefinitely.
The worst part is that employers tend to review the driving history and/or criminal background of their applicants. Once they stumble upon this little bit of information and other driving-related offenses, if any, it would most certainly affect their hiring decision. Getting convicted for driving with a suspended driver’s license can also affect one’s ability to find good accommodation and immigration status.
Final Words
The best way to combat a conviction if you’re arrested for driving without a valid driver’s license is to hire an experienced criminal defense attorney with experience dealing with such cases. Usually, the most effective defense is to prove that you weren’t informed that your license was suspended or you didn’t receive a mailed notice. Besides this, you can prove that you weren’t driving when the arrest occurred. You’ll also need to build a good attorney-client relationship to stand a chance.
