Make no mistake; driving on a suspended license is a serious offense. Although the relevant statutes are contained in the California Vehicle Code, a suspended license offense is not a simple traffic ticket. For instance, one potential penalty may be that the car you are driving may be towed. Secondly, if you drive on a suspended license, you are violating the terms of probation on the underlying offense that initiated the suspension. Finally, you will face new penalties on the suspended license charge.
Reasons for License Suspension under VC 14601
The prohibitions regarding driving on a suspended or revoked license are contained within several sections of the California Vehicle Code between 14601 – 14601.5, with each section addressing different reasons for the suspension:
- VC 14601: suspension due to reckless driving, alcohol or drug abuse, physical or mental incompetence or negligent operator status
- VC 14601.1: suspension for general reasons; that is, for any reason not otherwise specified by statute
- VC 14601.2: suspension due to a DUI conviction
- VC 14601.3: suspension based on habitual offender status
- VC 14601.5: suspension for a chemical test refusal or other DUI offense
Knowledge of the Suspension
To be convicted under one of the 14601 family of offenses, it must be proved that you knew your driver’s license was suspended or revoked. Under California law, a presumption arises that you knew about the suspension if one of the following occurred:
- The California DMV mailed you a Notice of Suspension
- A police officer informed you that your license was suspended in conjunction with a DUI arrest
- A judge informed you of the suspension at the time of sentencing for the underlying offense
Your Santa Ana traffic ticket attorney can explain, however, that a legal presumption can be rebutted. Once the presumption arises, and contrary facts are submitted by defense counsel, the trier of fact, that is the judge or jury, may, but is not required to conclusively presume you knew your license was suspended.
Reinstating Your License
It is important to realize that once your term of suspension has been completed and you have complied with all other terms of your probation, you cannot assume your driving privilege has been reinstated. Most typically, you will need to return to court and show proof of completion of your probation and visit the DMV at 1301 E. 1st Street, Santa Ana 92701 and comply with its terms of reinstatement before you may legally drive.
