Although it is certainly true that legally, driving is a privilege, modern life in Southern California makes it all but a necessity. Consequently, many who lose their driver’s license find themselves tempted to drive, which can lead to further problems.

VC 14601 Et Seq

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 Los Angeles DUI 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.

Other Defenses

Other than the lack of knowledge of the suspension, one possible defense is that you in fact had the right to drive under terms of your probation. Under certain circumstances, a judge may allow for a restricted license for violations of VC 14601.2 or VC 14601.5. Additionally, if your original conviction for the offense that led to the suspension can be successfully challenged and overturned, your license, therefore, was valid, and you cannot be convicted of a new 14601 charge.

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 and comply with its terms of reinstatement.