More on California's Driving Laws...The Difference between Driving without a License and Driving on a Suspended or Revoked License
In yesterday’s blog, I discussed the difference between misdemeanor driving without a license and the infraction driving without a license in your possession. In similar fashion, I’d like to address the difference between driving without a license and driving on a suspended or revoked license.
Driving without a license under California Vehicle Code 12500 refers to driving when you don’t have a validly issued California driver’s license. This offense is typically charged as a misdemeanor, but is frequently reduced to an infraction. As a misdemeanor, it carries a maximum six month county jail sentence and a maximum $1,000 fine.
By contrast, California Vehicle Code 14601 driving on a suspended or revoked license prohibits driving once your otherwise valid driver’s license has knowingly been revoked or suspended by the California DMV. This offense is much more serious that driving without a license.
California Vehicle Code 14601 driving on a suspended or revoked license is always a misdemeanor. Depending on the severity of the offense, a 14601 VC charge can include mandatory jail time, fines of up to $2,000, and the installation of an ignition interlock device (a mini-breathalyzer instrument that prevents your car from starting unless and until you provide an alcohol-free breath sample). Much like California DUI convictions, Vehicle Code 14601 violations are also “priorable”, which means that your punishment necessarily increases with each subsequent 14601 VC conviction.
The good news is that proving guilt on a Vehicle Code 14601 VC charge is more difficult for the prosecution. This is because of the fact that you can’t be convicted of this offense unless you knew about the suspension/revocation. Fortunately, there are a variety of situations that rebut these presumptions…situations that can lead to a dismissal of these charges.
