Driving With Suspended License Charges in California
There are many different reasons a person can receive a driving on a suspended license violation (failing to pay an OK, too many tickets, etc.). Probably the worse scenario is if your license is suspended because of a DUI and the police pull you over and site you into court.
This scenario triggers several related issues. Driving with a suspended license is covered under California Vehicle Code 14601. Vehicle Code 14601.2 makes it a crime for anyone to drive with a suspended license because of a DUI or DUI causing injury conviction.
First, if you are convicted of driving on a suspended license related to a DUI, mandatory jail time is associated with this situation. In addition, you have a new open criminal case that must be dealt with. Further, by picking up the latest issue, you have now technically violated your probation, and you will likely have to face the judge that put you on probation in the first place.
You will need to hire an attorney who has handled these cases in front of the judge and prosecutor you will have to deal with. Someone who has been down the path you are about to travel and had success is invaluable and can make life a heck of a lot easier for you!
Some strategies can avoid jail time, but your best shot is with a powerful advocate on your team. The biggest issue for the judge and the prosecutor will be public safety. If your attorney can convince them that you and your conduct are not dangerous and you will not do it again, you are in the best position to succeed.
Minimizing The Effect of a Suspended License Case
The first obvious answer is to get your license! The courts have a policy in place that rewards people who can get their driver's license. Believe it or not, they want people to be driving lawfully and will bend over backward to do their part in making this happen.
This means that they will continue your case to give you the chance to get your license before they lower the boom on you. If you can not get your consent for some reason, the next best thing is to give them your plan for doing so in the future.
All DUI / driving on a suspended license cases spin on their facts and must be dealt with in such a way that considers the client's overall life circumstances. The only one that will make this happen for you is your attorney.
They are your voice to the judge and prosecutor and even a jury if necessary. Therefore, you should be honest with your attorney and do what they say when it comes to resolving your case.
Once you know what you can do to assist your attorney, then a sense of relief should sweep over you, and all that is left to do is execute the plan you and your attorney come up with!
Reviewing Your Case to Set Goals
One of my main goals when I first meet with clients is to find out what they absolutely must have related to their case. Once we know our goal, we can then focus all of our resources on achieving that goal. To understand what you want related to your case, we must go over what you are facing based on your particularized situation and then figure what you can not accept.
This is where your DUI attorney comes in to develop a plan that works for you. Having a suspended license is not fun. Being caught driving on a suspended license is even worse. At the Hedding Law Firm, we are here to help you out if you have been arrested and charged with driving with a suspended license.
The burden is on the prosecution to prove that you were driving; that your license was suspended or revoked; and that you knew that your license was suspended or revoked. We will contest all the evidence presented against you.
Driving with a suspended license is a misdemeanor that results in a mandatory jail sentence. If your license was suspended due to a DUI, the penalties are even worse. We want to make sure that we avoid the penalties as much as possible by asserting any defenses that may be applicable depending on your specific circumstance.
If you or someone you know is facing charges of driving with a suspended license, then call our drunk driving lawyers immediately so we can start discussing your case and forming an aggressive argument on your behalf.