Is driving on a suspended license a felony in california




















Yes, driving on a suspended license is a California misdemeanor. However, in order to move forward, the prosecution must prove that you knowingly drove a vehicle while your license was suspended. Driving on a suspended license can result in serious fines and even jail time. It may also lead to the revocation of your license in some instances.

There are several ways that you can defend against a charge of driving on a suspended license. The prosecution must prove two things in a court of law — that you knowingly operated a motor vehicle while your license was suspended, and that your license was actually suspended at that time. However, there is the possibility that you were unaware that your license was suspended. For instance, if you did not receive a notification from the California DMV in the mail, or the mailed notice was returned to the DMV as undeliverable or unclaimed, you may be able to prove that you did not know your license was suspended.

Adam Gasner has successfully represented many clients accused of driving on a suspended license and has prevented them from losing their driving privilege. Therefore, to avoid the charges, you must:.

Depending on the reasons for your license suspension, the requirements may vary from one person to another. Having a revoked or suspended license is a legal element in defining the offense of operating a vehicle with a revoked or suspended license.

Various statutes in California discuss driving on a revoked or suspended license. These statutes offer multiple reasons for suspending or revoking a license. Additionally, the punishments for operating a vehicle with a suspended license also depend on the causes of the suspension. According to VEH , an individual is prohibited from riding a motorcycle or operating a vehicle when they are aware the DMV has suspended their license.

Some of the reasons a license may be revoked under this statute are:. According to this statute, it is illegal for a person to operate a vehicle when they have the knowledge that their license is revoked or suspended for whatever reason.

This is a general law that includes all the offenses that resulted in the suspension of your license. According to this statute, driving with a suspended license as a result of a DUI is an offense. This offense is the most severe of all vehicle codes that prohibit operating a vehicle on a suspended license.

This statute covers all violations of a DUI license suspension as listed below:. If you are convicted for driving with a suspended or revoked license according to VEH According to this statute, the law prohibits an individual not only from driving with a revoked or suspended license but against having a multitude of problems with a suspended license.

It is an offense to operate a vehicle when your license is suspended due to the following reasons:. When you are charged with driving on a revoked or suspended license in California, the offense is a misdemeanor. The punishments for this offense will typically involve fines, county jail time, or both a fine and jail time. Violations of this law or driving on a revoked or suspended license will not result in state imprisonment because the offense is not a felony.

As discussed earlier, there are many reasons why a license can be revoked or suspended. The actual penalties or sentencing for operating with a revoked or suspended license depend on the reasons why it was suspended in the first place. Other considerations include:. Below is a table that gives a summary of the penalties an individual found operating on a revoked or suspended license will face.

Like DUI offenses, operating with a revoked or suspended license is a priorable offense. This means that if you are charged with the same offense; subsequently, the penalties you will face are steeper. It is also essential to understand that if you get charged and convicted of violating VEH When faced with these allegations, it is necessary to hire an attorney to fight on your behalf. Your attorney will analyze the evidence against you and the allegations then come up with credible defenses to help you avoid a conviction.

Some of the legal arguments your attorney may use include:. One of the elements of proving that you drove with a revoked or suspended license is for the prosecution to show you knew that your license was on suspension.

This means that cases for driving with a suspended or revoked license are centered on the knowledge of the fact. Your lawyer can argue that you were not aware that your license was revoked or suspended. In case the notice was mailed to a former address, and it never reached you, you cannot be guilty of the offense. The prosecutor has the burden to prove that the notice for suspension reached you, and you drove despite it. The license will enable you to drive restrictedly:.

If you are found operating in the limits of the restricted license, this will be a credible defense to fight these charges. In some cases, it will lead to the dismissal of the allegations. This defense is, however, only valid if you are facing charges for violating VEH Sometimes the revocation of your license may have been unlawful. Other times, errors may have been in the evidence of the offense that resulted in a conviction and penalties that involved the suspension of your license.

If this is true, your lawyer can argue to get your charges for driving on a revoked or suspended license dropped. Sometimes, prosecutors are open to offering plea bargains for individuals charged with violating VEH Some of the lesser charges your lawyer can bargain for you include:. Various offenses are related to driving with a revoked or suspended license. These offenses can be charged alongside or instead of the crime of operating a vehicle with a suspended license.

Some of these offenses are:. Call the Inland Empire Criminal Defense today at ! Located in Ontario, CA. VC October 7, September 28, September 27, June 28, June 1, May 26, May 20,



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