14601.2 Driving while license suspended or Revoked for DUI

 Fresno DUI Defense | DUI Related Drivers License Suspension Information:

While working at the public defender's office Jonathan Rooker helped many clients on a near daily basis for traffic offenses which regularly consisted of DUI and Driving on a Suspended License.  He provides aggressive representation, then, and now, to clients accused of these traffic offenses.  Let Jonathan's experience and education help you.

Due to the high rate of DUI's, suspensions, and revocations for Driving Under the Influence (DUI) in Fresno County, the pages relating to driving while license is suspended within the informational pages on DUI's.  Fresno Criminal Defense practice is unique in many ways.  The vast expanse of Fresno, Madera, Tulare, and Kings Counties as a agricultural landscape, necessitate driving to and from employment for many people.  The urban sprawl makes simple commutes from or to small outlying communities a necessity for many good, honest, hardworking people.  However, laws that have one effect in a mass transit closely compacted city like San Francisco have a completely different effect on rural communities.  Therefore it is important for many people to consult with an experienced Criminal Defense Lawyer before deciding how to proceed on their criminal allegations.  Make sure you understand the repercussions of a guilty or No Contest Plea before you enter it.  If you need to go to trial, you may decide hire and experienced and aggressive criminal defense attorney to represent you.

Vehicle Code Section 14601.2  Driving while license suspended

or

Revokedfor Driving Under the Influence (DUI).

Punishment;

VC 14601.2(a) A person shall not drive a motor vehicle at any time when that person's 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.

VC 14601.2(b) Except in full compliance with the restriction, a person shall not drive a motor vehicle at any time when the person's driving privilege is restricted if the person so driving has knowledge of the restriction.

VC 14601.2(c) Knowledge of the suspension or revocation of the driving privilege shall be conclusively presumed if mailed notice has been given by the department to the person pursuant to Section 13106.  Knowledge of the restriction of the driving privilege shall be presumed if notice has been given by the court to the person.  The presumption established by the subdivision is a presumption affecting the burden of proof.

VC 14601.2(d) A person convicted of a violation of this section shall be punished as follows:

(1) Upon a first conviction, by imprisonment in the county jail for not less than 10 days or more than six months and by a fine of not less than three hundred dollars ($300) or more than one thousand dollars ($1,000), unless the person has been designated a habitual traffic offender under subdivision (b) of Section 23546, subdivision (b) of Section 23550, or subdivision (d) of Section 23550.5, in which case the person, in addition, shall be sentenced as provided in paragraph (3) of subdivision (e) of Section 14601.3.

(2) If the offense occurred within five years of a prior offense that resulting in a conviction of a violation of this section or Section 14601, 14601.1, or 14601.5, by imprisonment in the county jail for not less than 30 days or more than one year and by a fine of not less than five hundred dollars ($500) or more than two thousand dollars ($2,000), unless the person has been designated a habitual traffic offender under (b) of Section 23546, subdivision (b) of Section 23550, or subdivision (d) of Section 23550.5, in which case the person, in addition, shall be sentenced as provided in paragraph (3) of subdivision (e) of Section 14601.3.

(e) If a person is convicted of a first offense under this section and is granted probation, the court shall impose as a condition of probation that the person be confined in the county jail for at least 10 days.

(f) If the offense occurred within five years of a prior offense that resulted in a conviction of a violation of this section of 14601, 14601.1, or 14601.5 and is granted probation, the court shall impose as a condition of probation that the person be confined in the county jail for at least 30 days.

(g) If a person is convicted of a second or subsequent offense that results in a conviction of this section within seven years, but over five years, of a prior offense that resulted in a conviction of a violation of this section or Section 14601, 14601.1, or 14601.5 and is granted probation, the court shall impose as a condition of probation that the person be confined in the county jail for at least 10 days.

(h) Pursuant to Section 23575, the court shall require a person convicted of a violation of this section to install a certified ignition interlock device on a vehicle the person owns or operates.  Upon receipt of the abstract of a conviction under this section, the department shall not reinstate the privilege to operation a motor vehicle until the department receives proof of either the "verification of installation" form as described in paragraph (2) of subdivision (g) of Section 13386 or the judicial council form I.D. 100.

(i) This section does not prohibit a person who is participating in, or has completed , an alcohol or drug rehabilitation program from driving a motor vehicle that is owned or utilized by the person's employer, during the course of employment on private property that is owned or utilized by the employer, except as off street parking facility as defined in subdivision (c) of section 12500.

(j) This section also applies to the operation of an off-highway motor vehicle on those lands that he Chappie-Z'berg Off-Highway motor Vehicle law of 1971 (division 16.5(commencing with section 38000)) applies as to off-highway motor vehicles, as described in Section 38001.

(k) If Section 23573 is applicable, then subdivision (h) is not applicable.

 Driving while your license is suspended for a DUI is a serious offense.  Many of the Fresno Judges who routinely hear DUI cases, also hear the case for the suspended license, which may well also be a violation of probation.

Fresno DUI Attorney | Madera DUI Attorney If you've been cited, you need to know what to do next. Help your attorney help you, contact me as soon as possible

Glass chess

Fresno DUI Lawyer Jonathan Rooker: Fresno area law enforcement agencies have some of the strictest DUI enforcement policies in the Nation. The first decision an officer makes during the DUI enforcement is the decision to stop the vehicle. It may be a driving pattern, maintenance infraction, tinted windows, or other issues the lead the officer to make that decision. The next decision is whether to have the driver exit the vehicle and conduct a DUI investigation. Factors include odor or alcohol, red watery eyes, and slurred speech. Timely stopping, parking, and fumbling with a license or insurance paperwork, all influence the officers decision to continue the investigation. Once outside the vehicle the subject may sway or have trouble following directions. At the conclusion of the third stage, the officer decides if there is probable cause for an arrest. If you are arrested, there are steps you should take on your own behalf. It is important for anyone cited for DUI to contact the DMV within 10 days to preserve their right to an Admin Per Se Hearing in front of a DMV officer. Failure to contact the DMV within 10 days may result in the suspension of your driving privilege. Remember, the officer arrests at probable cause, but it takes proof beyond a reasonable doubt to convict. If the officer does their job right, a large percentage of the people should be found not guilty.

Fresno Criminal Defense Attorney: Sometimes good people need help during tough times

D v

Fresno & Madera Criminal Defense Lawyer Jonathan Rooker: Domestic Violence (DV) charges, punishments, and your rights is something you need to understand if you've been accused. DV charges can result in a sentence of probation, jail, and/or prison. DV can be charged under various sections including PC 243(E) or the more serious PC 273.5 Felony (DV) accusation. Many convictions result in being sentenced to a 52-week program, referred to as the Batterers Treatment Program (BTP). The right to own, possess, or use a Firearms, a serious issue for many people who grew up in the rural valley hunting, fishing, and target shooting can be lost forever. While Judges routinely advise those convicted of misdemeanor Domestic Violence that they will be prohibited from owning firearms for 10-years, the Federal Government will preclude gun ownership for the remainder of the persons life if they are convicted of a misdemeanor crime of domestic violence. It is important that the court knows you are a law abiding, upstanding, and productive member of society. Don't let an accusation turn into a lifetime of being stigmatized as a criminal.

"Criminal defense is about helping good people, that is what I do." Jonathan Rooker

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Experienced Fresno and Madera County Criminal Defense Attorney Jonathan Rooker understands the needs of each client are quite unique to each individual client. Some clients are looking to keep their drivers license, others are looking to avoid long periods of incarceration. Many times pride and principles are cited for the client's motivation to achieve a particular resolution to their case. Many clients just want to put their life, family, and career back together. It is the responsibility of the defense attorney to coordinate and effective defense for the benefit of the client. It is essential that I provide the best defense for the individual person and their specifically tailored needs in life. I will help you by building the best defense that the facts allow. One important aspect of hiring a private attorney is the time they spend listening to your needs, and working to obtain an effective resolution under the circumstances. When these problems arise, it's time to reach out for a helping hand. I handle criminal defense cases on a daily basis, helping people with their issues. Let me help you.