Driving with a DUI Suspended License
What counts as a violation of Vehicle Code § 14601.2?
Vehicle Code § 14601.2(a) makes it a crime to drive a motor vehicle at any time when that person’s driving privilege is suspended or revoked for a DUI conviction under Vehicle Code § 23152 or Vehicle Code § 23153 if the person driving has knowledge of the suspension or revocation.
Additionally, it is a crime under Vehicle Code § 14601.2(b) to drive a motor vehicle in a way that violates restrictions placed on a driver’s license as a result of a DUI conviction under Vehicle Code § 23152 or Vehicle Code § 23153.
Under Vehicle Code § 14601.2(c), knowledge of the suspension or revocation of the driving privilege will be presumed if the DMV mailed notice to the person pursuant to Vehicle Code § 13106. This is also true of knowledge of restrictions on a person’s driver’s license.
What is the punishment for a violation of Vehicle Code § 14601.2?
Violating Vehicle Code § 14601.2 can result in both jail time and fine. However, if the person has been designated a “habitual traffic offender” Vehicle Code § 23546(b), Vehicle Code § 23550.5(d), in which case the person, in addition, be sentenced as provided in paragraph Vehicle Code § 14601.3(e)(3).
Additionally, under Vehicle Code § 14601.2(e), if a person is convicted of a first offense under this section and is granted probation, the court shall impose as a condition of probation that the person be confined in the county jail for at least 10 days.
The penalties for a repeat violation of Vehicle Code § 14601.2 carry heavier penalties. This is true even if the prior violation was for driving with a suspended license under Vehicle Code § 14601 (suspended or revoked for reckless driving), under Vehicle Code § 14601.1 (suspended or revoked for “any other reason”), or Vehicle Code § 14601.5 (suspended or revoked for violating VC § 13353, 13353.1, or 13353.23).
What defenses are available for a violation of Vehicle Code § 14601.2?
- Defendant did not know his or her license was suspended and the DMV failed to mail a notice to the defendant
- Defendant’s license was not actually suspended or revoked
- Necessity
