Fresno DUI Attorney | Fresno DUI Lawyer
Information on habitual traffic offender designation
SHOULD YOU HIRE A CRIMINAL DEFENSE ATTORNEY FOR YOUR TRAFFIC VIOLATION?
They may be common criminal violations in Fresno and surrounding counties, but DUI's, Driving with a revoked or suspended license, speeding, accidents, any point violations on your driving record can affect your California Drivers License Status. When violations add up, a person can be deemed a habitual Traffic Offender. Once this has occurred, a person is subject to prosecution as a Habitual Traffic Offender. This is a separate violation that can be prosecuted. In areas like Fresno, Madera, Hanford, Tulare County, Kings County, and the surrounding communities where daily commutes to and from work are part of life, it can subject a person to additional hardships. Please read VC Section 14601.3 to be familiar with the code, and punishment that can occur. This information is provided for informational purposes only, not to be construed as legal advice, as each person's factual and legal scenario is unique.
VC 14601.3 Habitual Traffic Offender; Punishment
VC 14601.3(a) It is unlawful for a person whose driving privilege has been suspended or revoked to accumulate a driving record history which results from driving during the period of suspension or revocation. A person who violates this subdivision is designated a habitual traffic offender.
For purposes of this section, a driving record history means any of the following, if the driving occurred during any period of suspension or revocation:
(1) Two or more convictions within a 12-month period of an offense given a violation point count of two pursuant to Section 12810.
(2) Three or more convictions within a 12-month period of an offense given a violation point count of one pursuant to Section 12810.
(3) Three or more accidents within a 12-month period that are subject to the reporting requirements of Section 16000.
(4) Any combination of convictions or accidents, as specified in paragraphs (1) to (3), inclusive, which results during any 12-month period in a violation point count of three or more pursuant to section 12810.
(b) Knowledge of 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. The presumption is a presumption affecting the burden of proof.
(c) The department, within 30-days of receipt of a duly certified abstract of the record of any court or accident report which results in a person being designated a habitual traffic offender, may execute and transmit by mail a notice of that designation to the office of the district attorney having jurisdiction over the location of the person's last known address as contained in the department's records.
(d)(1) The district attorney, within 30-days of receiving the notice required in subdivision (c), shall inform the department of whether or not the person will be prosecuted for being a habitual traffic offender.
(2) Notwithstanding any other provision of this section, any habitual traffic offender designated under subdivision (b) of Section 23550, or subdivision (b) of section 23550.5, who is convicted of violating Section 14601.2 shall be sentenced as provided in paragraph (3) of subdivision (e).
(e) Any person convicted under this section of being a habitual traffic offender shall be punished as follows:
(1) Upon a first conviction, by imprisonment in the county jail for 30 days and by a fine of one thousand dollars ($1,000).
(2) Upon a second or any subsequent offense within seven years of a prior conviction under this section, by imprisonment in the county jail for 180 days and by a fine of two thousands dollars ($2,000).
(3) Any habitual traffic offender designated under Section 193.7 of the Penal Code or under subdivision (b) of Section 23456, subdivision (b) of Section 23550, Subdivision (b) of Section 23550.5, or subdivision (d) of Section 23566 who is convicted of a violation of Section 14601.2 shall be punished by imprisonment in the county jail for 180 days and by a fine of two thousand dollars ($2,000). The penalty in this paragraph shall be consecutive to that imposed for the violation of nay other law.
(f) This section also applies to the operation of an off-highway motor vehicle on those lands to which the 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.