October 17, 2007

A New Kind of Checkpoint

I was driving down La Cienega Blvd in Los Angeles last week when traffic slowed to crawl. Something was going on up ahead. Perhaps it was an accident or road construction. At 3 in the afternoon, it couldn’t be checkpoint designed to nab DUI suspects.

Turns out it was a checkpoint, but not a DUI or drunk driving checkpoint. The police were looking for unlicensed drivers. And many of them were found. This was an LAPD checkpoint, but similar to ones set up by the CHP , Los Angeles County Sheriff , Riverside Police Department and other law enforcement agencies.

California law provides for two misdemeanor offenses for unlicensed driving. California Vehicle Code 12500 VC makes it a crime to drive without a license . This usually applies to drivers who have never obtained a license to begin with, or to persons with out-of-state licenses who move to California but then fail to obtain a California license. It also is an issue for many illegal immigrants, who live and work here but cannot legally obtain a drivers license.

The second misdemeanor offense is Vehicle Code 14601 Driving with a Suspended License . This applies when the driver’s license was suspended for reasons such as a DUI, too many points, or nonpayment of DMV fees. The law considers Vehicle Code 14601 charges more serious, and usually imposes mandatory jail time upon conviction.

As the many arrests at the checkpoints reveal, many people in Southern California drive illegally. Part of this stems from the sprawling nature of our region, and the lack of viable public transportation. Many unlicensed drivers simply cannot work, take their kids to the doctor and obtain food and other necessities without driving. So they drive illegally, but at the risk of arrest, prosecution and jail time if they get caught.

Our experienced Southern California DUI Defense Attorneys can help those who have lost their license due to DUI. Contact us today.