The Department of Motor Vehicles can suspend your license for various reasons. For example, following a DUI arrest or refusing BAC testing. When that happens, it will be against the law for you to drive with a suspended license. The crime is serious since it can result in time behind bars, payment of a substantial court fine, and additional administrative penalties like license revocation. If you face charges for driving with a suspended license in Bakersfield, working closely with an experienced criminal defense attorney helps. Your lawyer can, among other things, defend your rights, outline your circumstances and available options, and develop the most robust defense plans to counter your accusations.

At California Criminal Lawyer Group, we do not stop working until we achieve the best results for our client's cases. We could persuade the court to dismiss or lessen your charges thanks to our knowledge and expertise.

What is License Suspension?

To operate a car in California, you must complete training before applying for a license. You are allowed to drive anywhere in the state if you have a driver's license. Due to the suspension or revocation of your license, you can lose that privilege. A suspended driver's license indicates that the state's DMV has temporarily taken away your privilege to drive in the state. The revocation of your license signifies that the department has permanently taken away your driving privileges.

The DMV can revoke or suspend your driving privileges in several situations. The department can decide to do so independently or through a court order. Once your license is suspended, you cannot legally drive a car. However, since license suspensions are mainly temporary, you can seek to have the DMV restore your driving privileges following the suspension term. But there are procedures you must follow for that to occur, many of which entail paying the requisite fines and fees and submitting the required paperwork.

Let us examine some of the grounds for license suspension by the DMV:

If You Do Not Have Auto Insurance

Every driver is required to have auto insurance. In the event of an accident, it guarantees coverage for both you and other parties. Without auto insurance, the DMV will probably suspend your permit for a year if you are in an accident. After a year, you can apply to have your license reinstated by providing the DMV with evidence of your auto insurance. For the department to completely reinstate your permit, you must maintain that evidence of insurance for three years.

For Driving Under Alcohol or Drug Influence

Driving while intoxicated or under the influence of drugs is a grave offense. When you are detained by the police for a DUI, your license will be taken away, and you will be given a provisional license to use for the 30 days that follow. After that, depending on the specifics of your case, your driver's license will be automatically suspended for the amount of time necessary under the law. The suspension can be six months for the first DUI and a year for the second DUI arrest within ten years. If you ask for a DMV hearing within ten days of your arrest, you could save your license from suspension after the 30-day period. The agency will examine your case during the hearing and weigh your arguments and supporting evidence to uphold or lift the suspension.

For Failing To Submit to BAC Chemical Testing

The implied consent law takes effect after you are arrested for DUI. It means drivers must voluntarily consent to chemical testing after arrest to ascertain their blood alcohol content. You break the law if you refuse a breathalyzer or blood test. If this is your first DUI arrest, your license can be suspended for a year. For a second DUI, DMV can suspend your license for two years. Recall that DUI is a priorable crime. The number of past DUI offenses on your record will enhance your penalties for refusing to take a chemical test.

Underage Driver with Alcohol in the Car

Anyone under 21 who wants to drive cannot have any alcohol in their system. The law against underage driving while intoxicated is so strong that any child found driving with alcohol in their vehicle would have their license suspended immediately. If the container of alcohol is full, unopened, and sealed and an adult accompanies you, there could be an exception to this law. The DMV will suspend your permit for a year if you are arrested with a BAC of 0.01% or for using drugs or alcohol as an underage driver.

For Having Many Points on Your Driver’s Record

Every time a driver violates the traffic laws, they receive points. The DMV will suspend your permit and place you on probation for a year if you have far too many points. If you receive four points within a year, six points within two years, or eight points within three years, your license will likely be suspended for six months.

For Failing to Appear

After an arrest, most DUI offenders are freed on bail, so they can wait outside jail until their case is resolved at trial. However, courts only release people on bond with several restrictions, one of which is that they appear in court regularly. The DMV will suspend your driver’s license if you fail to show up for trial as the court requires.

The DMV can also suspend your license if you do not pay your penalty following a traffic infringement. You can ask to restore your license once you have paid the requisite fines.

If You Have a Mental or Physical Condition

The law requires the DMV to revoke, suspend, or refuse to issue a license to a driver with a physical or mental condition that impairs their driving ability.

For Failing to Pay Child Support

You must fulfill your commitment to pay child support on time if you are subject to a court judgment ordering it. If you do not, the DMV can suspend your driver's license.

The Legal Meaning of Driving on a Suspended License

According to Vehicle Code 14601.1(a), operating with a suspended license means driving a car or any other vehicle after the DMV has already suspended your license. It is a severe offense that could result in time behind bars, a hefty fine, and a stain on your criminal record.

However, following an arrest, a conviction does not always follow. The prosecutor must first establish the case beyond a reasonable doubt. The jury will declare you guilty if they have sufficient proof to support your accusations. The judge can dismiss your charges if you do not. The district attorney must prove the following elements of the crime before the court declares you guilty:

  • You operated a vehicle.
  • You did so after DMV had suspended or revoked your driver’s license.
  • You were aware of the suspension or revocation of your license.

Note that for the judge to declare you guilty under this legislation, you must be aware that the DMV has suspended your driver's license. If the following claims are accurate, the prosecutor will assume that you are aware of this information:

  • Something occurred that could lead to the suspension of your driver's license, like a DUI arrest or additional points on your driving record.
  • You received a license revocation or suspension notice from the DMV in the mail informing you of the suspension.
  • DMV sent the notification to your most recent mailing address.
  • DMV did not receive the mail back as unclaimed or undelivered.

Possible Penalties for Operating on a Suspended License

The majority of suspended license violations are misdemeanors. The reason the DMV suspended your license will determine the punishment you face if you are guilty.

It should be noted that VC 14601 prohibits driving after a license suspension or revocation. It has various subsections. Each subsection forbids the crime under a certain cause of license suspension. This law is broken down as follows:

VC 14601(a)

This subsection prohibits driving after the DMV has suspended your license for the following reasons:

  • For driving when inattentive, inexperienced, or reckless.
  • For being unable to safely operate a vehicle due to a mental or physical impairment.
  • For driving while under the influence of alcohol or drugs.

The following punishments could apply in the event of a violation of this law:

  • Misdemeanor probation for three years.
  • From five days to six months of jail time.
  • A $1,000 fine.

VC 14601.2

Under this subsection, the DMV will suspend your permit for operating a vehicle while intoxicated or under the influence of narcotics, making it illegal to continue driving after that. The penalty for breaking this subsection is the harshest of all the others. The following are possible punishments:

  • Misdemeanor probation for three years.
  • Ten days to six months in prison.
  • A $1,000 court fine.
  • Your vehicles must have an IID system.

VC 14601.3

This clause forbids driving after the DMV has suspended your license for being a habitual offender. If you cause at least three auto accidents, commit at least three significant traffic offenses, or commit at least two serious traffic offenses within a year, you could be considered a habitual traffic offender. The following punishments can apply if you violate this law:

  • Misdemeanor probation for three years.
  • 30 days behind bars.
  • A $1,000 court fine.

VC 14601.5

The following factors make driving after your license has been suspended by the DMV unlawful under this subsection:

  • Driving with a higher-than-standard BAC.
  • Refusing to undergo BAC chemical testing following an arrest.

Following a conviction under this legislation, the following outcomes are likely:

  • Three years of misdemeanor probation.
  • Six months of jail time.
  • A $1,000 court fine.

VC 14601.1(a)

If you continue to drive after the DMV has suspended your license for other reasons not covered by those subsections, you will be subject to prosecution. A violation under this law can result in the following penalties:

  • Three years of misdemeanor probation.
  • Six months of jail time.
  • A court fine of $1,000.

Misdemeanor Probation

Most of the time, judges sentence misdemeanor offenders to probation rather than jail time. In that scenario, you would serve your sentence without imprisonment but on probation for a maximum of three years. Being on probation entails living under court supervision and adhering to the probationary rules the judge will impose during your sentencing. But remember that the probationary period is significantly longer than the maximum amount of time you could spend in jail if you received a jail sentence.

Most people who commit nonviolent offenses or misdemeanors for the first time are eligible for a misdemeanor or summary/informal probation. It has fewer restrictions than formal or felony probation and lasts one to three years. You will receive a set of probationary requirements from the court, which you should follow throughout your probationary period. These conditions include, for example:

  • Paying all court fines.
  • Participating in community service.
  • Abstaining from alcohol and/or drug use.
  • Attending a DUI school if the original offense involved drinking and driving.
  • Accepting random drug and alcohol testing.
  • Sending the court regular reports outlining your progress and performance.

The judge will order your arrest and schedule a probation violation hearing if you break one of the terms of your probation. The court can, depending on the probation condition you violated and the repercussions of the offense, make the following decision:

  • Revoke the probation and place you in jail for the necessary time.
  • Reinstate your probation with a new set of requirements.
  • Reinstate your probation under the same terms as before.

After completing probation, you can request your license reinstatement and your criminal record expungement.

How To Fight Your Charges for Driving With a Suspended License

Fortunately, you can contest your Penal Code 14601.1(a) allegations at trial to prevent a guilty verdict and its serious repercussions. A competent criminal lawyer's advice can go a long way toward ensuring that your case is resolved fairly. Your attorney has several legal defense options that they can employ to persuade the court to dismiss or downgrade your charges. Several of these tactics include:

DMV Did Not Suspend Your License

Charges for operating a vehicle while your license is revoked only apply if the DMV has already suspended or revoked your license. If it did not happen, the prosecutor would not be able to demonstrate all the case's facts beyond a reasonable doubt. To prove the suspension, the prosecutor needs credible proof. To determine whether your license is legitimate, they must search DMV records. The judge can dismiss your charges if the arrest was simply an oversight by the police and it turns out that your driver's license is legitimate after further examination.

You Did Not Know of the Suspension

One of the essential components of this crime is awareness of the license suspension. With it, the judge will find someone guilty. Keep in mind that there are several reasons why a driver's license can be suspended. You must have committed an infraction or misdemeanor to be subject to administrative sanctions. A notice of suspension from the DMV must also arrive in the mail. You can utilize this defense in court if that does not happen.

The agency could have sent the notice to the incorrect address or did not send it at all. You can persuade the court of your lack of knowledge that your driver's license was on suspension if your counsel proves you did not receive the notice. If you continue to drive while using your license in that situation, you will not be breaking the law.

The Crime Was Necessary

If you have a compelling rationale for committing the crime, your attorney can use this technique to fight for a case dismissal. The judge can dismiss your charges if you have an explanation for breaking the law. The law can occasionally forgive a crime of necessity. For example, suppose you had to drive because of a medical emergency, and the DMV had suspended your license. You or another person possibly required emergency medical attention, and no one else could drive them to the hospital. The judge could also throw out your case if you acted under duress, like during a kidnapping or carjacking.

Your Arrest Was Illegal

An aggressive lawyer can use an illegal arrest as justification to have the judge throw out the prosecutor's case if the evidence against you is overwhelming. If the police arrest violates all legal requirements, it can be considered unlawful.

For example, the police must have a good reason to stop and question a driver. Your rights would have been violated if the arresting officer had randomly arrested you and started questioning you. The judge has the authority to reject all the evidence in the situation.

The arresting officers must read your Miranda rights before they question you. They must explain your right to legal representation and the need to remain silent to protect your innocence. Your attorney can request that any evidence acquired by the arresting officers be excluded from consideration in court if that did not occur after your arrest.

When that happens, the prosecution will have little evidence to support your accusations.

You Were Using a Restricted License

The DMV gives drivers a certain amount of time following a license suspension to apply for a restricted license. They can drive to and from particular locations, like work and school, with a restricted license. To be eligible for a restricted license, you must meet specific requirements, like installing an IID system in your car. Your counsel can demonstrate in court that you were operating a vehicle under a restricted license at the time of the arrest. The judge can dismiss your charges.

Driving With a Suspended License and Related Offenses

Driving while your license is suspended is related to three other violations under the law. They consist of the following:

Driving Without a Driver’s License

Remember that driving in California is only permitted if you have a legal driver's license. Without it, you will be operating a vehicle unlawfully and risk facing charges under VC 12500. This law makes using a car on a public road without a legal license unlawful. It is optional for the permit to be from California. You can use your license from the state you originally hail from. However, it must be legitimate and enable you to operate the vehicle you were driving during the arrest.

You can face charges under this statute if you:

  • Refuse to apply for a driver's license after finishing your driving lessons.
  • Not renewing your license.
  • Failing to submit a driver's license application within ten days of moving to California.

The crime can be an infraction, which carries a $250 fine, or a misdemeanor with a jail term of six months.

Failing To Provide the Police With a Driver’s License Upon Request

It is against the law under VC 12951 to fail to produce your driver's license and registration if the traffic police stop you for any reason and want to view them. The crime carries a six-month jail term as a misdemeanor. You could simultaneously be charged with violating this legislation and VC 12500.

Illegal Use of a License

Under the following conditions, you can face charges under VC 14610 for using your driver's license in an unauthorized manner:

  • If your driving privileges are still revoked or suspended.
  • If you lend someone your driver's license.
  • If you do not surrender your suspended driver's license.
  • If you allow someone else to utilize your license in an unauthorized manner.
  • If you alter or duplicate your driver's license.

Find an Experienced Criminal Lawyer Near Me

Do you or someone you love in Bakersfield face prosecution for operating a vehicle on a suspended license?

After the arrest, your best action is to retain a skilled criminal defense attorney for advice and representation in court. The legal process following an arrest can be convoluted and challenging to understand. You also require assistance to comprehend your alternatives, charges, and defense. You can obtain support and defense from the team of knowledgeable criminal defense attorneys at the California Criminal Lawyer Group. We can deploy the strongest legal defense techniques to persuade the court to dismiss or decrease your charges. Call us at 661-750-8230 and let us collaborate to achieve the finest result for your circumstance.