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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.

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