14601.5

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Driving on a license that has been suspended while DUI is pending Information

I got caught driving without a license.  How much trouble am I in for driving with a suspended license?  What is a 14601.5?  Should I hire an attorney for my 14601.5?  Have questions about my 14601?  

Due to the high incident of DUI arrests in the Central Valley, Fresno, Madera, Tulare, and Kings County areas, there is a correspondingly high rate of driving on suspended license citations issued, charges filed, and even jail time sentenced on these offense.  Fresno, like the surrounding counties in the Central Valley, has a unique agricultural setting, which requires many people to drive, or commute, to work each day.  Once a DUI citation has been issued, they may lose their privilege to operate a motor vehicle.  This often times leads to people driving even though their privilege has been suspended and/or revoked.  If caught, they may be cited, arrested, charged and convicted of this subsequent offense.  Driving on a suspended license will cause additional points to be added to a person's driving record, and may result in additional fines, fees, punishments, probation, jail time.  If you have been cited for this offense, and believe you may want to speak with an attorney about these charges, call Fresno Area Criminal Defense Attorney Jonathan Rooker to help you with these issues.

Vehicle Code Section 14601.5 Driving while Privileges Suspended for Failure to Take chemical test or for driving with Specified Blood alcohol level.

Following a citation and/or arrest for Driving Under the Influence (DUI) a person suffers certain restrictions or conditions being placed upon their license, one of which is a suspension for a specified period of time.  Restricted licenses may also be subject to conditions following a DUI arrest and/or citation.  This can occur if a person suffers a refusal to provide a sample for chemical analysis when arrested for DUI.  One applicable code section for a person who has suffered conditions being placed upon their California Drivers License due to DUI arrest and/or refusal are reflected in Vehicle Code Section 14601.5.

VC 14601.5(a) A person shall not drive a motor vehicle at any time when that person's driving privilege is suspended or revoked pursuant to Section 13353, 13353.1, or 13353.2 and that person has knowledge of the suspension or revocation.

VC 14601.5(b) Except in full compliance with the restriction with the restriction, a person shall not drive a motor vehicle at any time when that person's driving privilege is restricted pursuant to Section 13353.7 or 13353.8 and that person has knowledge of the restriction.

VC 14601.5(c) Knowledge of suspension, revocation, or restriction of the driving privilege shall be conclusively presumed if notice has been given by the department to the person pursuant to section 13106. The presumption established by this subdivision is a presumption affecting the burden of proof.

VC 14601.5(d) A person convicted of a violation of this section is punishable, as follows:

(1) Upon a first conviction, by imprisonment in the county jail for not more than sex months or by a fine of not less than three hundred dollars ($300) or more than one thousands dollars ($1,000), or by both that fine and imprisonment.

(2) If the offense occurred within five years of a prior offense that resulted in a conviction for a violation of this section or section 14601, 14601.1, 14601.2, or 14601.2, or 14601.3, by imprisonment in the county jail for not less than 10 days or more than one year, and by a fine of not less than five hundred dollars ($500) or more than two thousand ($2,000).

VC 14601.5(e) In imposing the minimum fine required by subdivision (d), the court shall take into consideration the defendant's ability to pay the fine and may, in the interest of justice, and for reasons slated in the record, reduce the amount of that minimum fine to less than the amount otherwise imposed.

(f) 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, except an off street parking facility as defined in subdivision (c) of Section 12500.

(g) When the prosecution agrees to a plea of guilty or nolo contendere to a charge of a violation of this section in satisfaction of, or as a substitute for, an original charge of a violation of Section 14601.2, and the court accepts that plea, except in the interest of justice, when the court finds it would be inappropriate, the court shall pursuant to Section 23575, require the person convicted, in addition to other requirements, to install a certified ignition interlock device on a vehicle that the person owns or operates for a period not to exceed three years.

(h) This section also applies to the operation of an off-highway motor vehicles, as described in Section 38001.

(i) Upon receipt of the abstract of a conviction under this section, the department shall not reinstate the privilege to operate 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.

(j) If section 23573 is applicable, then subdivision (g) and (i) are not applicable.

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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

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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

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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.