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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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