Driving on a Suspended License Causing Injury - Vehicle Code 14601.4 VC
For an individual without a license who finds themselves in an accident or causing harm on the road, the situation is dire. They will be summoned to criminal court to face the judge, who will weigh several factors in determining the severity of the case.
For example, one question will be why the person's driver's license is suspended. Is it because they have a DUI on their record and haven't done everything they were supposed to?
That usually means the punishment will probably be the worst because of the prior DUI. Still, the person is perhaps on probation, and there will be a probation violation hearing in addition to the new case.
So, there's mandatory jail time if you have a DUI, you're on probation, you're on a suspended license, and you pick up a case of driving on a suspended license where you hurt somebody.
Sometimes, people get in a minor fender bender, and they're claiming soft tissue injuries. That's a questionable injury, and that's something that might be able to be fought.
On the other hand, if somebody is hurt and has an injury that can be justified, then the person who caused that injury driving while on a suspended license will be looking at some severe penalties. You will likely face a driver's license suspension if convicted of a DUI.
If you have a DUI and are on probation, you do not want to drive if you don't have a valid driver's license because there's another issue when it comes to these injury cases with suspended privileges.
Alcohol in Your System While Driving
If you get in an accident and you have any alcohol in your system, it's going to be presumed that you're the one who caused the accident.
I've had many cases in which it's pretty clear to me that my client was not responsible for the accident. Still, the prosecutors are trying to argue that because the person was driving under the influence, it is automatically presumed that they were responsible for the accident, even when there's clear evidence that they were not.
So, the bottom line is, when we go into court on a California Vehicle Code 14601.4 where an injury has been caused, the person had no driver's license, one of the biggest things that we can do to help ourselves is to get a driver's license or to be able to show the court and prosecutor when we might be able to get our driver's license because that indicates that you're trying to do something.
That shows that you are not just ignoring the system. Sometimes, they even have cases where they're driving on a suspended license, and the person could have gotten their driver's license but, for some reason, did not.
This argument can be compelling for the judge and prosecutor. It suggests that the individual was not deliberately flouting the system, which could potentially lead to a less severe punishment.
Mandatory Jail Time
But if you've got driving on a suspended license, somebody got injured, and it has to do with DUI activity, there is mandatory jail time that goes along with that.
Prosecutors and judges are very quick to give that because they feel that if they don't do something to punish you — they don't show seriousness about things. In the future, you get in some accident, and somebody gets seriously injured or even killed.
They're going to be held responsible for that because they didn't do what they were supposed to when they had you for the 14501.4, driving on a suspended license and causing an injury.
Also, there's an issue with the restitution in these cases. Suppose somebody gets hurt, and they need to get paid back for medical bills, their vehicle, or any other out-of-pocket money. In that case, the court is going to hold you responsible as the driver who was driving under a suspended license and caused an injury, and you're going to have to pay those people back.
It's imperative to secure legal representation in these cases. Hiring an attorney with experience in handling such cases is crucial. They can help navigate the legal process, mitigate the penalties, and strive for the best possible outcome.