Driving With A Suspended License

    If you no longer own or use the vehicle(s), or if it is registered in another state, you must:
  • Surrender the registration certificate(s) and license plates to the MVC; AND submit a photocopy of the receipt for the surrendered license plates.
  • If the license plates are no longer in your possession, you must submit an RSC-6 form explaining what happened to the license plates.

  • The above documentation may be submitted by:
  • Fax: 609-777-3178 or 609-777-3179
  • Email : UMSSRGROUPMVC@MVC.NJ.GOV
  • US Mail to the NJMVC, PO BOX 132, Trenton, NJ 08666

  • Please include your name, driver license number, and daytime phone number on all correspondence.
    If your registration privileges are suspended, you should not drive or operate the vehicle(s) until you have received written notification from the Chief Administrator of the Motor Vehicle Commission that your registration privileges, and the registration for that vehicle, have been restored.
    If your driving privileges have been suspended, you should not operate a vehicle until you have received written notification from the Chief Administrator of the Motor Vehicle Commission that your driving privileges have been restored.
    If both your driving and registration privileges are suspended, they will not be restored until the above-mentioned requirements are met and a $100 restoration fee for each privilege affected is submitted (Registration and License.)
    › › ›


California Vehicle Code 14601 VC makes it a crime to drive when you know that your driver's license has been suspended or revoked.1

You can be guilty of driving on a suspended license under VC 14601 if your license was suspended or revoked for any number of reasons, including:

  • Being declared a negligent operator for too many points on your license,2
  • A mental or physical disability,3 and/or
  • A conviction for California DUI.4

(2) Any person whose driver license or driving privilege has been canceled, suspended, or revoked as provided by law, or who does not have a driver license or driving privilege but is under suspension or revocation equivalent status as defined in s. 322.01(41), except persons defined in s. Getting Caught Driving on a Suspended License in Texas. It’s a sight many Texans are familiar with: bright blue and red lights flashing above the familiar black shape of a Texas Highway Patrol cruiser. Drivers sometimes begin driving while their license is still suspended or revoked (and without a valid restricted license). Doing so results in a charge of driving with a suspended or revoked license. Penalties can include fines and jail time, with increased sentences for repeat offenders. Suspended Driver’s License. Your driver license may be suspended by your local Department of Motor Vehicles (DMV), Secretary of State (SOS), Department of Revenue (DOR), or Motor Vehicle Division (MVD). You can get a suspended license for reasons including: Accumulating too many driving record points. Legal Help for Charges of Driving on a Suspended License. The fines and possible jail time that come with a conviction for driving on a suspended license are serious consequences. As a result, you may have difficulty keeping employment, staying in school, obtaining or retaining insurance, and generally living your life.

If you get six or more points within three years on your current driving record, you will be assessed a surcharge. If you get 12 or more points on your current driving record, your license will be suspended. You will receive a notice of scheduled suspension by mail. Getting points on your license may also increase your insurance rates.

Penalties

Driving on a suspended license under Vehicle Code 14601 VC is a California misdemeanor. The potential punishment includes a county jail sentence and substantial fines.5

However, the exact penalty for VC 14601 driving on a suspended license depends on why your license was suspended or revoked in the first place.

Legal defenses

Common legal defenses for fighting charges of driving on a suspended or revoked license include:

  • You did not know that your license had been suspended or revoked;6
  • The original suspension or revocation of your license was invalid; and
  • You actually had the right to drive under a restricted license.

In order to help you understand the crime of Vehicle Code 14601 VC driving on a suspended or revoked driver's license, our Los Angeles criminal defense attorneys will address the following:

If, after reading this article, you have additional questions, we invite you to contact us.

1. What is the Legal Definition of Driving on a Suspended or Revoked License in California?

The legal definition of driving on a suspended or revoked license consists of the following two 'elements of the crime':

  1. You drove a motor vehicle while your California driver's license was suspended or revoked, and
  2. You knew your California driving privileges were suspended or revoked at the time.7

These are the only two facts that a prosecutor must prove in order for you to be criminally liable for a violation of California Vehicle Code 14601 VC and related laws (VC 14601.1, VC 14601.2 or VC 14601.5).

Since the first element is pretty straightforward, we'll focus on the second.

Proving 'knowledge' under California Vehicle Code 14601 VC

California driving on a suspended license law presumes that you had knowledge of your driver's license suspension or revocation if ALL of the following three things are true:

  1. The California DMV mailed you a notice telling you that your license had been suspended or revoked,
  2. That notice was sent to the most recent address reported by you to the DMV, or any more recent address reported by you, a court, or a law enforcement agency, AND
  3. The notice was not returned to the DMV as undeliverable or unclaimed.8

Driving With A Suspended License In New York

Example: Helen is a 70-year-old woman (hence an elderly driver) with a mental condition that her children fear will affect her ability to drive safely. Her children and doctor contact the DMV and arrange to have her driving privileges revoked.

The DMV sends a notice of the suspension to the address where Helen last registered her car. But she has moved. So the notice is returned to the DMV as undeliverable.

If Helen is arrested for driving with a revoked license, there will NOT be a presumption that she knew her license was revoked--because the DMV notice had been returned to the DMV.

In addition, under VC 14601 there will be a presumption that you knew your driving privileges were suspended or revoked if either of the following is true:

  1. A police officer personally served you with a notice of the suspension or revocation--and confiscated your license if possible--when you were arrested for DUI (or any other violation leading to suspension), OR
  2. A judge informed you of the suspension / revocation at the time s/he sentenced you for one of the violations that results in a suspension / revocation.9

But note that--even if one of these things is true--that is not conclusive proof that you knew about the suspension or revocation for purposes of the driving with a suspended license law. Instead, this just creates a presumption that you had knowledge. If this presumption is created, the jury may conclude that you had knowledge--but they don't have to.

It is therefore up to you and your California criminal defense attorney to challenge that presumption in order to establish your innocence.10

Driving With A Suspended License

Example: Let's return to the example of Helen, above. Let's say that the DMV notice that her license was revoked was sent to her old address--but the new residents just threw it away, and it was never returned to the DMV as undeliverable.

There will now be a presumption that Helen did know about her license being revoked.

But the presumption does not mean that Helen must be found guilty of VC 14601. Helen and her attorney can still point to the facts that she had moved and had not been receiving forwarded mail.

In this way, they may be able to show that she didn't actually know about the revocation and so is not guilty of driving on a suspended license.

Driving With A Suspended License Penalty

For a more in-depth analysis of how these presumptions are actually applied, please visit our page on the 'knowledge' and 'notice' requirements for California Vehicle Code 14601 VC driving on a suspended license.

Reinstating your driving privilege after a suspension

For purposes of avoiding charges of driving with a suspended license, is important to understand that even after your suspension 'expires,' you are still not allowed to drive until you take affirmative steps to have your driving privilege reinstated.

This means that if, for example, you were given a one-year suspension--and then drove once that suspension expired--you could still be prosecuted for driving on a suspended license unless:

  1. you took the proper steps with the DMV to regain your driving privilege, or
  2. you proved to the court that you completed all of your probation requirements.

The specific steps and requirements for reinstating your license vary depending on the reason for the suspension.11

2. California Statutes on Driving with Privileges Suspended or Revoked

As we discussed above, having a suspended license in the first place is an element of the legal definition of driving on a suspended license offenses.

Consequences Of Driving With A Suspended License

Generally speaking, the different California statutes on driving with a suspended/revoked license cover the different reasons why the defendant's license was suspended in the first place. As we discuss in Section 3 below, the penalties for driving with suspended privileges will depend on what these reasons are.

2.1. Vehicle Code 14601 VC - License Suspended / Revoked for Specific Offenses

California Vehicle Code 14601 VC forbids you from driving a car, motorcycle, or other vehicle when you know that the DMV has suspended or revoked your California driver's license due to any of the following:

  1. reckless driving,
  2. alcohol and/or drug abuse,
  3. a physical or mental condition that prevents you from driving safely, or
  4. being declared a 'negligent' operator or 'incompetent' operator.12

Vehicle Code 14601 VC reads: '(a) No person shall drive a motor vehicle at any time when that person's driving privilege is suspended or revoked for reckless driving in violation of Section 23103, 23104 or 23015, any reason listed in subdivision (a) or (c) of Section 12806 authorizing the department to refuse to issue a license, negligent or incompetent operation of a motor vehicle as prescribed in subdivision (e) of Section 12809, or negligent operation as prescribed in Section 12810.5, if the person so driving has knowledge of the suspension or revocation. Knowledge shall be conclusively presumed if mailed notice has been given by the department to the person pursuant to Section 13106. The presumption established by this subdivision is a presumption affecting the burden of proof.'

Of the above reasons listed in VC 14601 for having your license suspended, the most common is probably reckless driving. This can include either a so-called California dry reckless or a California wet reckless--both of which are common charge reductions from a California DUI charge.

Example: Bill is arrested for DUI after a New Year's party. He has no prior criminal record and hires a good lawyer. With the lawyer's help, Bill has his DUI charge reduced to a California 'dry reckless' reckless driving charge--to which he pleads guilty.
But unfortunately Bill's license is suspended in connection with his reckless driving plea. He drives anyway to get to his job. When he is pulled over for speeding, he is charged with driving on a suspended license under Vehicle Code 14601 VC.

2.2. Vehicle Code 14601.1 VC - License Revoked / Suspended for General Offenses

The next California 'driving with a suspended license' statute is Vehicle Code 14601.1 VC.

This one is the 'catch-all' law that makes it illegal for you to drive when you know that the DMV has suspended or revoked your license for any reason--even one that isn't mentioned in the other driving with a suspended license statutes.13

Vehicle Code 14601.1 VC reads: '(a) No person shall drive a motor vehicle when his or her driving privilege is suspended or revoked for any reason other than those listed in Section 14601, 14601.2, or 14601.5, if the person so driving has knowledge of the suspension or revocation. Knowledge shall be conclusively presumed if mailed notice has been given by the department to the person pursuant to Section 13106. The presumption established by this subdivision is a presumption affecting the burden of proof.'

2.3. Vehicle Code 14601.2 VC - License Revoked / Suspended for DUI

California Vehicle Code section 14601.2 VC punishes you for driving if you knew your license was revoked or suspended because of a DUI conviction. This is the most serious of the Vehicle Code 14601 violations.14

Vehicle Code 14601.2 VC reads: '(a) A person shall not drive a motor vehicle at any time when that person's driving privilege is suspended or revoked for a conviction of a violation of Section 23152 or 23153 if the person so driving has knowledge of the suspension or revocation.'

The crime of driving with a suspended/revoked privilege because of DUI covers all of

  1. license suspensions under California's 'driving under the influence' law (Vehicle Code 23152(a) VC),
  2. license suspensions for driving with a blood alcohol content of .08 or greater (Vehicle Code 23152(b) VC),
  3. license suspensions under California's 'driving under the influence of drugs' laws, and
  4. license suspensions for under Vehicle Code 23153 VC DUI causing injury.15

2.4. Vehicle Code 14601.3 VC - Habitual Traffic Offenders

You can be convicted of driving on a suspended/revoked license under California Vehicle Code 14601.3 VC--and declared a 'habitual traffic offender'--if

  1. your California license was suspended or revoked,
  2. during a twelve (12) -month period when
  3. you were convicted of or involved in any combination of the offenses / accidents below:
    • two or more serious driving-related crimes such as
      • Vehicle Code 23103 VC reckless driving,16
      • Vehicle Code 23152 driving under the influence 'DUI',17
      • Vehicle Code 23109 VC exhibition of speed, or
      • another California Vehicle Code14601 violation,
    • three (3) or more 'general' moving violations (speeding, for example), or
    • three (3) or more accidents where someone was injured and/or the property damage totaled at least seven hundred fifty dollars ($750).18

So, in other words, California Vehicle Code 14601.3 VC prohibits you not just from driving on a suspended or revoked license--but also from accumulating a history of driving problems while your driving privileges are suspended or revoked.

Vehicle Code 14601.3 VC reads: '(a) It is unlawful for a person whose driving privilege has been suspended or revoked to accumulate a driving record history which results from driving during the period of suspension or revocation. A person who violates this subdivision is designated an habitual traffic offender. For purposes of this section, a driving record history means any of the following, if the driving occurred during any period of suspension or revocation: (1) Two or more convictions within a 12-month period of an offense given a violation point count of two pursuant to Section 12810. (2) Three or more convictions within a 12-month period of an offense given a violation point count of one pursuant to Section 12810. (3) Three or more accidents within a 12-month period that are subject to the reporting requirements of Section 1600. (4) Any combination of convictions or accidents, as specified in paragraphs (1) to (3), inclusive, which results during any 12-month period in a violation point count of three or more pursuant to Section 12810.'

2.5. Vehicle Code 14601.5 VC - Driver's License Suspensions / Revocations for Chemical Test Refusals and Other DUI Offenses

California Vehicle Code 14601.5 VC makes it a crime to drive when you know your California driver's license has been suspended or revoked due to any of the following:

  1. a so-called 'chemical test refusal' after a California DUI arrest (that is, refusing to submit to a DUI chemical blood, breath, or urine test),
  2. suffering a California DUI while under 21 where you either refused to submit to a Preliminary Alcohol Screening (PAS) test, or had a DUI blood alcohol concentration (BAC) of 0.01% or greater,
  3. refusing to submit to a PAS (or other chemical test if a preliminary alcohol screening device was unavailable) when you were suspected of driving under the influence of alcohol while on probation for drunk driving,
  4. driving with a BAC of 0.01% or greater while on probation for a probation for a California DUI,
  5. driving with a BAC of 0.08% or greater in violation of Vehicle Code 23152(b), or
  6. driving with a BAC of 0.04% or greater while you were driving a vehicle that required you to have a commercial license.19

Vehicle Code 14601.5 VC reads: '(a) A person shall not drive a motor vehicle at any time when that person's driving privilege is suspended or revoked pursuant to Section 13353, 13353.1, or 13353.2 and that person has knowledge of the suspension or revocation.'

3. What are the Penalties for Vehicle Code 14601 VC (Driving with a Suspended License) Offenses?

Driving with a suspended license in California is always a misdemeanor offense.20

This means that the potential consequences include a fine, time in county jail, or both--but NOT time served in California state prison.

However, the exact penalties, punishment, and sentencing for California driving with a suspended / revoked license vary depending on

  1. the reason your license was suspended,
  2. whether you suffered prior convictions for driving with a suspended license, and
  3. your driving history (which includes out-of-state convictions for driving-related offenses).

The following chart summarizes the potential jail time and fines for first offenders under each of the California 'driving on a suspended license' statutes.

However, the penalties for second and subsequent Vehicle Code 14601 VC convictions within a five- to seven-year period will be more severe than those in the chart.31

Vehicle Code section

Type of driving with a suspended/revoked license

County jail sentence

Fine

VC 14601

License revoked/suspended for specific offenses (reckless driving, alcohol or drug addiction, negligent operator, physical or mental condition)

5 days to 6 months

$300 to $1000

VC 14601.1

License revoked/suspended for general reasons (not listed in other statutes)

Up to 6 months, no minimum

$300 to $1000

VC 14601.2

License revoked/suspended for DUI

10 days to 6 months

$300 to $1000

VC 14601.3

Habitual traffic offenders while license suspended/revoked

30 days

$1000

VC 14601.5

License revoked/suspended for chemical test refusals and other DUI-related offenses

Up to 6 months, no minimum

$300 to $1000

Driving With A Suspended License In Ny

Driving with a suspended license in ct

Driving With a Suspended License Offense

Penalties

VC 14601: License revoked/suspended for specific offenses (reckless driving, alcohol or drug addiction, negligent operator, physical or mental condition)

5 days to 6 months in county jail; $300-1000 fine

VC 14601.1: License revoked/suspended for general reasons (not listed in other statutes)

Up to 6 months in county jail; $300-1000 fine

VC 14601.2: License revoked/suspended for DUI

10 days to 6 months in county jail; $300-1000 fine; installation of ignition interlock device

VC 14601.3: Habitual traffic offenders while license suspended/revoked

30 days in county jail; $1000 fine

VC 14601.5: License revoked/suspended for chemical test refusals and other DUI-related offenses

Up to 6 months in county jail; $300-1000 fine

Also note that, if you are convicted under Vehicle Code 14601.2 VC (driving on a suspended license for DUI), you may be required to install a California ignition interlock device (also known as an 'IID') on your car.32 An IID is a mini-breathalyzer instrument that prevents you from operating your car until you provide an alcohol-free breath sample.

4. How Can I Fight VC 14601 Charges?

There are a variety of legal defenses for fighting VC 14601 charges that a criminal defense attorney who specializes in driving offenses could argue on your behalf. Below is a sample of some of the most common defenses for fighting charges of driving with a suspended license.

Lack of Knowledge

In order to prove a California Vehicle Code violation for driving on a revoked or suspended license, the state must prove not just that your license was suspended--but also that you knew it was suspended.33

Therefore, Vehicle Code 14601 VC cases often revolve around the key fact of knowledge, for both prosecutors and defense attorneys.

Maybe your notice of the suspension / revocation was mailed--but the notice went to an old address or got lost. Maybe you were never actually told of your suspension by a judge or other law enforcement officer. These are the types of defenses that seasoned California criminal defense lawyers know how to assert.

You were driving on a 'restricted' California driver's license

'Restricted' driving privileges are sometimes available to those who present a 'critical need' to drive--even when their license has been suspended.34 If a restricted license is granted, you will be able to drive

  • to and from work and/or school,
  • to and from a California court-ordered DUI school, and/or
  • anywhere else the court permits.35

If you were driving within the scope of your restricted California driver's license, that may be raised as a valid defense for fighting driving on a suspended license charges--and may lead to a dismissal of those charges.

However, this defense may only apply to California Vehicle Code 14601.2 VC (driving on a suspended license for DUI) and 14601.5 VC (driving on a suspended license for other offenses) charges.36

Your California driver's license suspension / revocation was invalid

It could be the case that your driver's license suspension or revocation was unlawful to begin with. There could have been errors in evidence from your previous convictions which led to your license being revoked or suspended.

When this is the case, you can fight to have your California Vehicle Code 14601 VC driving with a license suspension / revocation charges dismissed.

Plea bargains and dismissals

In practice, prosecutors are often willing to reduce California Vehicle Code 14601 driving on suspended license cases to either

  • lesser offenses (such as Vehicle Code 12500 driving without a
    valid license), or
  • infractions in California law (such as moving violations).

And, as Burbank criminal and DUI defense attorney John Murray37 explains:

'In some cases prosecutors--who would prefer to save their time and resources for more serious offenses--may be willing to dismiss driving on a suspended/revoked privilege charges altogether. This is especially true if you have little or no criminal history and take steps to get your driver's license reinstated prior to the resolution of your case. Whenever I have a client charged with a 14601 VC violation, I always try to stay the proceedings long enough to allow my client to clear up the suspension or revocation so that we can favorably resolve the case.'

5. Driving on a Suspended / Revoked License and Related Offenses

5.1. Vehicle Code 12500 VC Driving Without a License

Driving without a license under Vehicle Code 12500 VC is related to--but less serious than--the offense of driving with a suspended or revoked license under Vehicle Code 14601 VC.

To be charged under Vehicle Code 12500 VC, you just need to be caught driving a motor vehicle without a valid license. It does not matter whether you knew you were unlicensed...or why you lacked a license.38

Driving without a license in California may be charged as either a misdemeanor or an infraction, as the prosecutor chooses.39 If it is a first offense and you have a fairly clean driving record, odds are that it will be charged as (or ultimately reduced to) an infraction.

5.2. California DMV Hearings

An even better option than fighting criminal charges related to driving on a suspended or revoked license under VC 14601 is avoiding them altogether. This can be done by fighting the suspension or revocation of your license in the first place.

If you were recently notified by the DMV that it intends to suspend or revoke your license because of

  • alleged negligent operation,
  • an alleged physical and/or mental issue, or
  • a DUI conviction,

it is worth your while to contact an attorney who has experience with California DMV hearings. That is because everyone is entitled to a hearing before the DMV before they can have their driving privileges taken away (and thus leave themselves open to violating California's driving on a suspended privilege law).

But you must act quickly. You only have ten days to request a hearing once the DMV notifies you about the suspension / revocation.

5.3. Vehicle Code 12951 VC Failure to Show a Driver's License

Under Vehicle Code 12951 VC, California's 'failure to display a license' law, another less serious offense than VC 14601, you can face criminal penalties if you have a valid driver's license but either:

Driving With A Suspended License In Another State

  1. drive without the license in your possession; or
  2. refuse to display the license to a peace officer enforcing the Vehicle Code upon request.40

Simply leaving your license at home and driving without it is a California infraction, and you can usually have this charge dismissed by showing that you did indeed have a valid license when you were arrested.41

Driving With A Suspended License In Kansas

However, refusing to show your license to an officer is a misdemeanor.42

Call Us for Help...

If you or a loved one is charged with Vehicle Code 14601 driving on a suspended license and you are looking to hire an attorney for representation, we invite you to contact us at Shouse Law Group. We can provide a free consultation in office or by phone. We have local offices in Los Angeles, the San Fernando Valley, Pasadena, Long Beach, Orange County, Ventura, San Bernardino, Rancho Cucamonga, Riverside, San Diego, Sacramento, Oakland, San Francisco, San Jose and throughout California.

For more information on the Nevada crime of driving on a suspended license, please see our page about the Nevada crime of driving on a suspended license.

¿Habla español? Visite nuestro sitio Web en español sobre el delito de conducir con licencia suspendida en California.

Online Resources:

Driving With A Suspended License Massachusetts

California Department of Motor Vehicles:

Legal References:

  1. California Vehicle Code 14601-14601.5 VC all prohibit knowingly driving on a suspended or revoked driver's license. Each code section addresses a different type of licenses suspension (for example, 14601.2 deals with driving on a suspended license due to a California DUI).
  2. California Vehicle Code 14601 VC - Driving when privileges suspended or revoked [Driving on a suspended license for certain offenses] for certain offenses; knowledge; punishment; driving on private property; requiring installation of ignition interlock device. ('(a) No person shall drive a motor vehicle at any time when that person's driving privilege is suspended or revoked for reckless driving in violation of Section 23103, 23104, or 23105, any reason listed in subdivision (a) or (c) of Section 12806 authorizing the department to refuse to issue a license, negligent or incompetent operation of a motor vehicle as prescribed in subdivision (e) of Section 12809, or negligent operation as prescribed in Section 12810.5, if the person so driving has knowledge of the suspension or revocation. Knowledge shall be conclusively presumed if mailed notice has been given by the department to the person pursuant to Section 13106. The presumption established by this subdivision is a presumption affecting the burden of proof.')
  3. See same, Driving on a suspended license for certain offenses.
  4. California Vehicle Code 14601.2 VC - Driving when privilege suspended or revoked for driving under the influence of alcoholic beverage or drug; compliance with restriction; punishment [Driving on a suspended license for DUI]. ('(a) A person shall not drive a motor vehicle at any time when that person's driving privilege is suspended or revoked for a conviction of a violation of Section 23152 or 23153 if the person so driving has knowledge of the suspension or revocation.')
  5. See California Vehicle Code 14601 VC - 14601.5 VC.
  6. See, e.g., California Vehicle Code 14601.2 VC - Driving on a suspended license for DUI.
  7. Judicial Council of California Criminal Jury Instructions ('CALCRIM') 2220 - Driving With Suspended or Revoked Driving Privilege [VC 14601]. ('To prove that the defendant is guilty of this crime, the People must prove that: 1 The defendant drove a motor vehicle while (his/her) driving privilege was (suspended/ [or] revoked) [for <insert basis for suspension or revocation>]; AND 2 When the defendant drove, (he/she) knew that (his/her) driving privilege was (suspended/ [or] revoked).')
  8. See same, Driving with Suspended or Revoked Driving Privilege [VC 14601]. ('[If the People prove that: 1 The California Department of Motor Vehicles mailed a notice to the defendant telling (him/her) that (his/her) driving privilege had been (suspended/ [or] revoked); 2 The notice was sent to the most recent address reported to the department [or any more recent address reported by the person, a court, or a law enforcement agency]; AND 3 The notice was not returned to the department as undeliverable or unclaimed; then you may, but are not required to, conclude that the defendant knew that (his/her) driving privilege was (suspended/ [or] revoked).]'
  9. See same, Driving with Suspended or Revoked Driving Privilege [VC 14601]. ('[If the People prove beyond a reasonable doubt that a court informed the defendant that (his/her) driving privilege had been (suspended/ [or] revoked), you may but are not required to conclude that the defendant knew that (his/her) driving privilege was (suspended/ [or] revoked).]')

    See also California Vehicle Code 13106 VC - Notice of suspension or revocation of driving privilege; presumptions; alternative methods for determining whereabouts of drivers [related to determination of knowledge of suspension under VC 14601 and related laws].

  10. CALCRIM 2220 - Driving With Suspended or Revoked Driving Privilege [VC 14601].
  11. See, e.g., 'Reinstate Your License,' California DMV Suspended License in California.
  12. California Vehicle Code 14601 VC - Driving on a suspended license for certain offenses, endnote 2 above.
  13. California Vehicle Code 14601.1 VC - Driving when privilege revoked or suspended for other reasons. ('(a) No person shall drive a motor vehicle when his or her driving privilege is suspended or revoked for any reason other than those listed in Section 14601, 14601.2, or 14601.5, if the person so driving has knowledge of the suspension or revocation. Knowledge shall be conclusively presumed if mailed notice has been given by the department to the person pursuant to Section 13106. The presumption established by this subdivision is a presumption affecting the burden of proof.')
  14. California Vehicle Code 14601.2 VC - Driving on a suspended license for DUI. ('(a) A person shall not drive a motor vehicle at any time when that person's driving privilege is suspended or revoked for a conviction of a violation of Section 23152 or 23153 if the person so driving has knowledge of the suspension or revocation. . . . (d) A person convicted of a violation of this section shall be punished as follows: (1) Upon a first conviction, by imprisonment in the county jail for not less than 10 days or more than six months and by a fine of not less than three hundred dollars ($300) or more than one thousand dollars ($1,000), unless the person has been designated a habitual traffic offender under subdivision (b) of Section 23546, subdivision (b) of Section 23550, or subdivision (d) of Section 23550.5, in which case the person, in addition, shall be sentenced as provided in paragraph (3) of subdivision (e) of Section 14601.3. (2) If the offense occurred within five years of a prior offense that resulted in a conviction of a violation of this section or Section 14601, 14601.1, or 14601.5, by imprisonment in the county jail for not less than 30 days or more than one year and by a fine of not less than five hundred dollars ($500) or more than two thousand dollars ($2,000), unless the person has been designated a habitual traffic offender under subdivision (b) of Section 23546, subdivision (b) of Section 23550, or subdivision (d) of Section 23550.5, in which case the person, in addition, shall be sentenced as provided in paragraph (3) of subdivision (e) of Section 14601.3.')
  15. See same, Driving on a suspended license for DUI.
  16. California Vehicle Code 23103 VC -- Reckless driving [reason for license suspension under driving on a suspended license law].
  17. California Vehicle Code 23152 VC -- Driving under influence; blood alcohol percentage; presumptions [reason for license suspension under driving on a suspended license law].
  18. California Vehicle Code 14610.3 VC - Habitual traffic offender; accumulation of driving record history while driving privilege suspended or revoked; penalty [Habitual traffic offender driving on a suspended license]. ('(a) It is unlawful for a person whose driving privilege has been suspended or revoked to accumulate a driving record history which results from driving during the period of suspension or revocation. A person who violates this subdivision is designated an habitual traffic offender. For purposes of this section, a driving record history means any of the following, if the driving occurred during any period of suspension or revocation: (1) Two or more convictions within a 12-month period of an offense given a violation point count of two pursuant to Section 12810. (2) Three or more convictions within a 12-month period of an offense given a violation point count of one pursuant to Section 12810. (3) Three or more accidents within a 12-month period that are subject to the reporting requirements of Section 16000. (4) Any combination of convictions or accidents, as specified in paragraphs (1) to (3), inclusive, which results during any 12-month period in a violation point count of three or more pursuant to Section 12810.')
  19. California Vehicle Code 14601.5 VC - Driving with knowledge of suspension, revocation, or restriction of driving privilege; punishment; reinstatement of driving privileges [Driving on a suspended license for other offenses]. ('(a) A person shall not drive a motor vehicle at any time when that person's driving privilege is suspended or revoked pursuant to Section 13353, 13353.1, or 13353.2 and that person has knowledge of the suspension or revocation. (b) Except in full compliance with the restriction, a person shall not drive a motor vehicle at any time when that person's driving privilege is restricted pursuant to Section 13353.7 or 13353.8 and that person has knowledge of the restriction.')
  20. See California Vehicle Code 14601-14601.5 VC.
  21. California Vehicle Code 14601 VC - Driving on a suspended license for certain offenses. ('(b) A person convicted under this section shall be punished as follows: (1) Upon a first conviction, by imprisonment in a county jail for not less than five days or more than six months and by a fine of not less than three hundred dollars ($300) or more than one thousand dollars ($1,000). (2) If the offense occurred within five years of a prior offense that resulted in a conviction of a violation of this section or Section 14601.1, 14601.2, or 14601.5, by imprisonment in a county jail for not less than 10 days or more than one year and by a fine of not less than five hundred dollars ($500) or more than two thousand dollars ($2,000). (c) If the offense occurred within five years of a prior offense that resulted in a conviction of a violation of this section or Section 14601.1, 14601.2, or 14601.5, and is granted probation, the court shall impose as a condition of probation that the person be confined in a county jail for at least 10 days.')
  22. See same, Driving on a suspended license for certain offenses.
  23. California Vehicle Code 14601.1 VC - Driving when privilege revoked or suspended for other reasons. ('(b) Any person convicted under this section shall be punished as follows: (1) Upon a first conviction, by imprisonment in the county jail for not more than six months or by a fine of not less than three hundred dollars ($300) or more than one thousand dollars ($1,000), or by both that fine and imprisonment. (2) If the offense occurred within five years of a prior offense which resulted in a conviction of a violation of this section or Section 14601, 14601.2, or 14601.5, by imprisonment in the county jail for not less than five days or more than one year and by a fine of not less than five hundred dollars ($500) or more than two thousand dollars ($2,000).')
  24. See same, Driving when privilege revoked or suspended for other reasons.
  25. California Vehicle Code 14601.2 VC - Driving on a suspended license for DUI. ('(d) A person convicted of a violation of this section shall be punished as follows: (1) Upon a first conviction, by imprisonment in the county jail for not less than 10 days or more than six months and by a fine of not less than three hundred dollars ($300) or more than one thousand dollars ($1,000), unless the person has been designated a habitual traffic offender under subdivision (b) of Section 23546, subdivision (b) of Section 23550, or subdivision (d) of Section 23550.5, in which case the person, in addition, shall be sentenced as provided in paragraph (3) of subdivision (e) of Section 14601.3. (2) If the offense occurred within five years of a prior offense that resulted in a conviction of a violation of this section or Section 14601, 14601.1, or 14601.5, by imprisonment in the county jail for not less than 30 days or more than one year and by a fine of not less than five hundred dollars ($500) or more than two thousand dollars ($2,000), unless the person has been designated a habitual traffic offender under subdivision (b) of Section 23546, subdivision (b) of Section 23550, or subdivision (d) of Section 23550.5, in which case the person, in addition, shall be sentenced as provided in paragraph (3) of subdivision (e) of Section 14601.3.')
  26. See same, Driving on a suspended license for DUI.
  27. California Vehicle Code 14601.3 VC - Habitual traffic offender driving on a suspended license. ('(e) Any person convicted under this section of being an habitual traffic offender shall be punished as follows: (1) Upon a first conviction, by imprisonment in the county jail for 30 days and by a fine of one thousand dollars ($1,000). (2) Upon a second or any subsequent offense within seven years of a prior conviction under this section, by imprisonment in the county jail for 180 days and by a fine of two thousand dollars ($2,000). (3) Any habitual traffic offender designated under Section 193.7 of the Penal Code or under subdivision (b) of Section 23546, subdivision (b) of Section 23550, subdivision (b) of Section 23550.5, or subdivision (d) of Section 23566 who is convicted of a violation of Section 14601.2 shall be punished by imprisonment in the county jail for 180 days and by a fine of two thousand dollars ($2,000). The penalty in this paragraph shall be consecutive to that imposed for the violation of any other law.')
  28. See same, Habitual traffic offender driving on a suspended license.
  29. California Vehicle Code 14601.5 VC - Driving on a suspended license for other offenses. ('(d) A person convicted of a violation of this section is punishable, as follows: (1) Upon a first conviction, by imprisonment in the county jail for not more than six months or by a fine of not less than three hundred dollars ($300) or more than one thousand dollars ($1,000), or by both that fine and imprisonment. (2) If the offense occurred within five years of a prior offense that resulted in a conviction for a violation of this section or Section 14601, 14601.1, 14601.2, or 14601.3, by imprisonment in the county jail for not less than 10 days or more than one year, and by a fine of not less than five hundred dollars ($500) or more than two thousand dollars ($2,000).')
  30. See same, Driving on a suspended license for other offenses.
  31. See Vehicle Code 14601-14601.5 VC, endnotes 21-30, above.
  32. Vehicle Code 14601.2 VC - Driving on a suspended license for DUI. ('(h) Pursuant to Section 23575, the court shall require a person convicted of a violation of this section to install a certified ignition interlock device on a vehicle the person owns or operates. Upon receipt of the abstract of a conviction under this section, the department shall not reinstate the privilege to operate a motor vehicle until the department receives proof of either the 'Verification of Installation' form as described in paragraph (2) of subdivision (g) of Section 13386 or the Judicial Council Form I.D. 100.')
  33. CALCRIM 2220 - Driving With Suspended or Revoked Driving Privilege [VC 14601], endnote 7, above.
  34. See California Vehicle Code 13353.7 VC, which governs restricted driver's licenses. Driving on a restricted license is a defense to charges of driving with a suspended license.
  35. See same.
  36. California Vehicle Code 14601.2 VC - Driving on a suspended license for DUI ('(b) Except in full compliance with the restriction, a person shall not drive a motor vehicle at any time when that person's driving privilege is restricted if the person so driving has knowledge of the restriction.'); California Vehicle Code 14601.5 VC - Driving on a suspended license for other offenses (' (b) Except in full compliance with the restriction, a person shall not drive a motor vehicle at any time when that person's driving privilege is restricted pursuant to Section 13353.7 or 13353.8 and that person has knowledge of the restriction.').
  37. Burbank criminal and DUI defense attorney John Murray has considerable expertise in drunk driving law and California DMV hearings. He has handled more than a thousand DUI and driving on a suspended or revoked license cases, getting many of them dismissed or reduced to reckless driving or traffic infractions. Murray represents clients extensively at the Ventura Courthouse, Van Nuys Courthouse, San Fernando Courthouse, LAX Airport Courthouse, Santa Clarita, Beverly Hills, and Los Angeles Metropolitan Courthouse.
  38. California Vehicle 12500 VC - Driving without a license [lesser offense than driving under a suspended license]. ('(a) A person may not drive a motor vehicle upon a highway, unless the person then holds a valid driver's license issued under this code, except those persons who are expressly exempted under this code.')
  39. California Vehicle Code 40000.11 VC -- Misdemeanors ('A violation of any of the following provisions is a misdemeanor, and not an infraction...(b) [Vehicle Code] Section 12500, subdivision (a), relating to unlicensed drivers.'); California Vehicle Code 40000.1 VC - Infractions ('[With respect to California's driving laws] Except as otherwise provided in this article, it is unlawful and constitutes an infraction for any person to violate, or fail to comply with any provision of this code, or any local ordinance adopted pursuant to this code.').
  40. California Vehicle Code 12951 VC -- Failure to display a license [lesser offense than driving under a suspended license].
  41. Same.
  42. See California Vehicle Code 40000.11 VC -- Misdemeanors, endnote 39 above.

Driving With A Suspended License In Ohio

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