Driving on a Suspended License for DUI Conviction
This is a very common crime. I see it a lot. A lot of people are coming in because they simply had to drive — whether for work or just to get around. Los Angeles county is obviously a vast metropolis and without a car it really makes it very difficult to do what you need to do to survive basically, financially and otherwise.
California Vehicle Code 14601.2 states a person shall not drive a motor vehicle when that 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.
Mandatory Jail Time
The problem with this 14601.2 of the Vehicle Code is that this Section requires mandatory jail time. In other words, they really don’t want people driving who have gotten a DUI and don’t have their license together.
There are certain punishments and requirements that 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 really going to put the screws so-to-speak to somebody who got a DUI, is on DUI probation and from their prospective uh, has put the public at risk.
In other words, the legislature, the courts, the prosecutors, the police — they’re really supposed to be protecting the public at large from those individuals who decide to drink alcohol and drive, get in accidents, speed, hurt and even kill other people. So, that’s why 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
So, what I’m trying to do as a defense strategy is to try to convince the prosecutors to get rid of the 14601.2 and give you some other charge that does not require you to do jail time. Not always easy t do, but obviously, I’ve got to get your version events. You need to tell me exactly what happened.
Hopefully, you’re not under the influence of any alcohol again when you get this driving on a suspended license. Hopefully it’s just some innocuous pull over. Sometimes I even see people getting pulled over from the courthouse.
The people where are in charge of the H2O program know all the people that are coming to court on any given day who have DUI’s who are not supposed to be driving and they’ll just wait outside the courthouse and get people.
Obviously, this will be a situation where the prosecutors might want to put the person in jail because of that.
So, if you want to avoid jail time, in my opinion, the only chance you have is to hire a good attorney who can bring forth all the mitigating factors about you, your circumstances.
Hopefully you weren’t driving with alcohol in your system again and you were just driving 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.
The prosecutors will look at all of the facts and circumstances, as well the Judge. Another issue you might have if you get busted for a 1460.2 is not only 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 more easy 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 relates to alcohol of how it relates to driving, obviously you’re going to be in a much more difficult position.
You need to get an attorney right away and start to talk to that attorney about what really happened here and get an idea of exactly 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 big issue is can you get your driver’s license back. Getting your driver’s license back is crucial. The police, the prosecutors and 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 the driver’s license.
But, if you can’t get your driver’s license back and you’ve got a 14601.2, you’ve really put yourself in a difficult position. If you tack onto the top of that 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.
I’ve been doing this for 25 years. I know how to handle driving without a license cases, especially as they relate to DUI’s. We’ve got to start making moves now so we can put you in the best position when you go to court.
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