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Suspended License for DUI

Driving on a Suspended License for DUI - Vehicle Code 14602.2 VC

As a legal professional, I empathize with the challenges many individuals face when they find themselves in this situation. I understand that driving is often a necessity, whether it's for work or daily life. In a sprawling metropolis like Los Angeles County, a car is often a lifeline, both financially and otherwise.

California Vehicle Code 14601.2 states a person shall not drive a motor vehicle when their driving privilege is suspended or revoked for a conviction of a violation of Section 23152 or 23153 if the person so driving has knowledge of the suspension or revocation.

The California Vehicle Code 14601.2 mandates severe penalties for driving on a suspended license due to a DUI. This Includes mandatory jail time, reflecting the authorities' strict stance on individuals driving without a valid license post-DUI conviction. A DUI conviction often leads to a driver's license suspension, further complicating the situation.

Some specific punishments and requirements go along with getting your driver's license back.  You've got to get an SR-22; you have to have insurance.  So, they're going to put the screws, so to speak, to somebody who got a DUI is on DUI probation, and from their perspective, uh, has put the public at risk.

In other words, the legislature, the courts, the prosecutors, and the police are supposed to protect the public from individuals who decide to drink alcohol and drive, get in accidents, speed, hurt, and even kill other people.  So, they're so harsh with this driving on a suspended license when your license is suspended because of a DUI.

Defense Lawyer Negotiating a Reduced Charge

As your defense lawyer, my strategy is to negotiate with the prosecutors to replace the 14601.2 charge with a less severe one that doesn't necessitate jail time.  This is not always straightforward, but I must understand your version of events.  Your account will be instrumental in building a strong defense.

You must refrain from any alcohol consumption when driving on a suspended license.  Even a routine traffic stop can escalate if alcohol is involved.  I've seen cases where individuals have been pulled over right outside the courthouse. It's a risk that's not worth taking.

The people in charge of the H2O program know all the people coming to court on any given day who have DUIs who are not supposed to be driving, and they'll wait outside the courthouse and get people.

This will be where the prosecutors might want to put the person in jail.

If you're looking to avoid jail time, I firmly believe that your best chance is to engage a competent attorney who can present all the mitigating factors about you and your circumstances. There's always a path to a better outcome, and I'm here to guide you through it.

Hopefully, you weren't driving with alcohol in your system again, and you were going to work, for example, and you had no choice; you had to feed your family.  You didn't want to lose your job.  There was no other realistic way to get there.

Probation Violation

The prosecutors will look at all of the facts and circumstances and the Judge.  Another issue you might have if you get busted for a 1460.2 is that you get a new charge and are facing mandatory jail time; you may be on probation for the DUI.  That will cause a probation violation.

So, now you have two problems.  (1) an open case; and (2) a probation violation, which you're not entitled to a jury trial, which is much easier for the prosecutors to prove because all they have to show is by 51% that you violated a law.

If that relates to your probation, if that refers to alcohol, or how it relates to driving, you will be in a much more difficult position. You need to get an attorney right away and start to talk to that attorney about what happened here and get an idea of precisely what you can do to get the best result in your case. 

What you can do now to start to prepare for the court date.  Start to prepare for how they're going to deal with your case.

Getting Your Driver's License Back

Another significant issue is whether you can get your driver's license back. Getting your driver's license back is crucial. The police, the prosecutors, and the judges want people to have driver's licenses. They want them to have valid driver's licenses, and they'll go out of their way to help them get them.

But, if you can't get your driver's license back and you've got a 14601.2, you've put yourself in a difficult position.  If you tack onto the top that you've violated your probation, get to an attorney's office immediately.  Let that attorney start to put the pieces back together for you.

With 25 years of experience in handling cases related to driving without a license, particularly those linked to DUIs, I can assure you that you're in good hands.  We'll start taking the necessary steps now to position you favorably when you appear in court, and I'll be with you every step of the way.

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Hedding Law Firm is committed to answering your questions about DUI law issues in California and throughout the United States.

I'll privately discuss your case with you at your convenience. All consultations are free, discreet, and confidential. Contact us today to schedule an appointment.

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