Oakland Driving with a Suspended License Attorney

Operating a Vehicle While Driving Privileges Revoked or Suspended

In California, if a court or the Department of Motor Vehicles (DMV) decides that you should not be allowed to operate a vehicle, the DMV will suspend or revoke your driver's license. There are several reasons you could lose your driving privileges, such as from a reckless driving conviction, DUI conviction, chemical test refusal, or failure to appear in court for a traffic ticket. During the suspension or revocation period, you cannot legally drive. If you do, you could be accused of driving with a suspended license, which is punishable by incarceration and/or a fine. Because of the effects a conviction can have on your life, turn to a criminal defense lawyer who can aggressively fight your charge and seek a favorable outcome.

Backed by more than two decades of legal experience, our Oakland driving with a suspended license lawyer is prepared to take on your case. At Demetrius Costy Law, we have handled thousands of criminal matters and are intimately familiar with California's laws and the court processes in Oakland. We can deliver the compassionate guidance you need, providing personalized attention and thoroughly answering your questions. At the same time, we will fiercely fight for you, reviewing the facts of your case to identify weaknesses in proof and build a strong defense.

We are ready to attack the allegations made against you. For a free consultation with our Oakland driving with a suspended license attorney, call us at (510) 254-3945 or complete an online contact formtoday.

Can You Drive with a Suspended License in California?

As mentioned earlier, if the DMV has revoked or suspended driving privileges, it is unlawful for the individual to operate a vehicle in any state in this country. The only way someone can drive during the suspension or revocation period is to get a restricted license. This type of relief allows them to operate a vehicle only under limited circumstances.

Note that when the term of suspension or revocation expires, driving privileges are not automatically restored. The individual must take specific steps to get their driver's license back. For example, if they lost their driving privileges because of a DUI conviction, they must pay the reinstatement fee, purchase SR-22 insurance (if applicable), and show proof that they enrolled in or completed a DUI treatment program.

California Vehicle Code §§ 14601, 14601.1, 14601.2, and 14601.5 prohibit any person from operating a vehicle while their driver's license is suspended.

To obtain a conviction, the prosecutor must prove that the defendant:

• Drove a motor vehicle during a period of suspension or revocation, and
• Knew that their driving privileges were suspended or revoked

Typically, the prosecutor will attempt to prove that the defendant acted knowingly by showing that the DMV mailed out a notice of suspension or revocation, and the notice was not returned as undeliverable.

At Demetrius Costy Law, our driving with a suspended license lawyer in Oakland will conduct an in-depth review of your case to cast doubt on the prosecutor's allegations against you.

Is Driving with a Suspended License a Felony in California?

California has several statutes concerning driving with a suspended license. The different laws pertain to offenses occurring when a person drives while their driving privileges are revoked or suspended for specific reasons.

• California Vehicle Code § 14601 concerns suspension or revocation resulting from:
  • Reckless driving
  • Reckless driving causing injury
  • Reckless driving causing serious injury
• California Vehicle Code § 14601.1 concerns suspensions or revocations resulting from:
  • Any offenses other than those enumerated in California Vehicle Code §§ 14601, 14601.2, and 14601.5
• California Vehicle Code § 14601.2 concerns suspensions or revocations resulting from:
  • DUI
  • DUI causing injury
• California Vehicle Code § 14601.5 concerns suspension or revocations resulting from:
  • Chemical test refusals
  • Refusal or failure to complete a preliminary alcohol screening (underage DUI)
  • Elevated BAC levels

Driving with a suspended license under any of the statutes listed above is a misdemeanor, as opposed to a felony.

Even a misdemeanor charge in California is serious. That is why you need legal representation throughout your case. Speak with our Oakland driving with a suspended license attorney as soon as possible.

What Happens If You Get Caught Driving with a Suspended License?

Anyone charged with and convicted of driving with a suspended license faces severe penalties. Each of the statutes concerning the offense penalizes a first-time violation with a $300 to $1,000 fine. A violation occurring within 5 years of a previous carries a $500 to $2,000 fine.

In addition to a financial penalty, a conviction for driving with a suspended license can also result in a term of incarceration. The length a person may be sent to jail for depends on the statute they violated and whether they have any previous convictions for the offense.

Jail sentences are as follows:

• Conviction for a violation of California Vehicle Code § 14601:
  • First offense: 5 days to 6 months
  • Second offense within 5 years of a previous: 10 days to 1 year
• Conviction for a violation of California Vehicle Code § 14601.1:
  • First offense: Up to 6 months
  • Second offense within 5 years of a previous: 5 days to 1 year
• Conviction for a violation of California Vehicle Code § 14601.2:
  • First offense: 10 days to 6 months
  • Second offense within 5 years of a previous: 30 days to 1 year
• Conviction for a violation of California Vehicle Code 14601.5:
  • First offense: Up to 6 months
  • Second offense within 5 years of a previous: 10 days to 1 year

Any amount of time behind bars or fine can have a huge impact on your personal or professional relationships as well as your finances. Our driving with a suspended license lawyer in Oakland will explore every legal avenue to seek a favorable outcome for you.

Accused of Driving with a Suspended License? Call Us Today!

It is imperative that you get started on your defense immediately. Challenging criminal accusations takes thorough preparation, and at Demetrius Costy Law, we are ready to jump into action right away.

Discuss your case with our driving with a suspended license attorney in Oakland by calling (510) 254-3945, or submit an online contact form, and we will get back to you promptly.