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Driving On A Suspended License Related To A DUI

Posted by Ronald D. Hedding | Aug 27, 2018

When someone is put on DUI probation, they are ordered not to drive without a valid driver's license. You must go through the DMV to obtain a valid driver's license, whether it is a temporary or permanent one.

Typically, in relation to DUI cases, you will need to obtain an SR22 form from your insurance company. This document confirms that you're eligible to drive and have liability insurance. To obtain this, you'll need to contact your insurance provider and request an SR22 filing. They will then file this with the DMV on your behalf. Also, you're going to have to be enrolled in a first-offender alcohol program and have to pay some fees.

For DUI cases, I have my clients visit the DMV, determine exactly what they need to get their driver's license reinstated, and drive lawfully.

Because the answer to what will happen to you if you're caught driving on a suspended license related to a DUI is that you will face mandatory jail time, they don't mess around with these types of cases. They don't want people on the road who they consider dangerous because of drinking and driving. 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. The potential consequences are severe, and it's crucial to understand the gravity of the situation.

We can sometimes avoid jail time, but it's not easy. When you get a 14601.2 or 14601.1 of the Vehicle Code, you're looking at jail time, and it's tough to get the prosecutors and the judge to waive any jail time.

This is where we need to do some real lawyering. This involves gathering evidence and presenting a strong argument to show why you were driving. We're going to try to show that you weren't a danger at the time and that you weren't driving while intoxicated. This could involve presenting witness statements, surveillance footage, or other evidence to support your case. We'll also analyze the circumstances of your case to identify any potential legal defenses or mitigating factors that could help your situation.

When you do this, not only do you pick up a new open case for driving on a suspended license related to a DUI in Los Angeles, but you also violate your probation for your DUI.

So, you're subject basically to double punishment. In other words, they can punish you for the open case, and they can also punish you because you violated the terms and conditions of your DUI probation. Violating your probation can result in severe consequences, including extended probation, additional fines, or even imprisonment. It's crucial to understand the potential outcomes and seek legal advice to navigate these complex legal matters.

So, if you have a driving on a suspended license case, we will also want to attempt to obtain your driver's license. In other words, the next question the judge and prosecutors will have is, why don't they have their driver's licenses?

Okay, well, the DMV suspended it. Alright, well, then they can't drive. The closer you are to obtaining your driver's license, the stronger our argument will be to keep you out of jail.

Defenses To Driving On A Suspended License Related To DUI 

One defense is that you didn't know. In other words, you didn't know that your driver's license was suspended. The best way for them to prove that you did learn is to show some good service.

Lack of Knowledge of License Suspension

In other words, did the judge tell you in court that you could not drive without a driver's license, but you also have to know that the license was suspended? So, the judge can tell you, ' Don't drive without a valid driver's license. However, if you say, 'Wait a minute, I didn't know the license was suspended,' the Judge would have to inform you of this in court - this would be the best service. Your license is suspended. Do not drive on it. You can't go until this date.

Lack of Effective Notice From DMV

Another effective way is if a police officer tells you and is ready to testify, "Hey, I told him his license was suspended, and then you can drive after that." The last option is if the DMV can provide you with adequate notice. Simply sending a letter in the mail is not sufficient.

They'll have to send a certified letter to prove that you received the letter and that you were aware of the suspension of your driver's license. A lot of this is common sense. If you're driving with a suspended license and are afraid you will end up in jail, you should consider getting an attorney.

Let's figure out exactly how we can obtain that license, because sometimes we can get a driver's license even when the case is pending. That helps us avoid conviction under Section 14601.2 of the Vehicle Code.

Negotiation With Prosecutor for Reduced Charge

It also helps avoid jail time. Perhaps we can narrow it down to Vehicle Code 12500, which pertains to driving without a license in Los Angeles. That has no mandatory jail time, and we can avoid you having to spend some time in jail, away from your job and away from your family.

So, pick up the phone. Make the call. We can discuss your DUI case, any probation violations you may have, and, if you have a case involving driving on a suspended license, we can determine how to assist you with it. Remember, seeking legal advice and representation is not just an option; it's a necessity in these complex legal matters. The sooner you take action, the more we can assist you in navigating these challenges.

About the Author

Ronald D. Hedding
Ronald D. Hedding

What Makes Ronald Hedding Uniquely Qualified To Represent You? I've been practicing criminal defense for almost 30 years and have handled thousands of cases, including all types of state and federal sex crime cases. All consultations are discreet and confidential.

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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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