Don’t take the chance of being charged with an additional crime.
In California, your driver’s license could be suspended for any number of reasons, from a driving under the influence charge to being declared a negligent operator from committing too many traffic violations and accumulating too many points. A driver’s license suspension can be incredibly difficult for a person, making it challenging to get to and from work, school and other obligations. However, if you have a suspended license, driving can be incredibly risky — leading to additional charges if you are arrested.
As skilled DUI lawyers in Rancho Cucamonga, CA, we understand that it is difficult to wait out the length of your suspension, but it is critically important to do so. If not, then you could be facing additional consequences on top of your DUI penalties.
Driving with a Suspended License in California
Under the law, driving while your license is suspended is a misdemeanor offense in California. The crime has two distinct elements: (1) that you drove while your license was suspended or revoked and (2) that you knew while you were driving that your license was suspended or revoked.
The first step is relatively easy for a prosecutor to prove, as it is a matter of providing paperwork and records to show that your license was suspended or revoked. However, a prosecutor may have a harder time proving that you knew about the suspension or revocation. The State of California can prove that you knew that your license was suspended if the DMV mailed you a notice of the suspension or revocation to your most recent legal address and the notice was not returned to the DMV as undeliverable or unclaimed. If the State can prove these three things, then it is presumed that you knew that your license was suspended or revoked. In addition, the prosecutor can prove that you knew about the suspension or revocation if either a police officer personally served you with notice or if a judge informed you of it at the time that you were sentenced for a DUI or another crime.
These standards make it relatively easy for the prosecution to demonstrate that you did have actual knowledge of the fact that your license was suspended or revoked. In most cases, proving the two elements of the crime is a fairly simple matter, which means that if you are caught driving with a suspended or revoked license, then there is a good possibility that you will be convicted of the crime.
Once convicted of the crime of driving with a suspended license, you will face additional legal consequences that vary depending on why your license was suspended or revoked in the first place. If your license was suspended for a DUI, for example, hen you could be sent to jail for anywhere between 10 days and 6 months. You could also be required to pay a fine of up to $1,000 and install an ignition interlock device in your car. You will then be responsible for paying the costs of having the device in your vehicle, and will have to give a breath sample to start and continue to operate your car.
So how do you avoid being convicted of driving with a suspended license? The most simple and obvious way is to never drive if your license has been suspended or revoked. But it isn’t always easy to know whether your license has been reinstated or not, because it doesn’t end automatically. For example, if your license was suspended or revoked for a period of one year, it will not become active on a year from the date of the suspension. Instead, you will have to take additional steps to prove to the court or the DMV that you have complied with the terms of the suspension and done everything required of you. This may include submitting proof to the DMV or the court that you fulfilled the terms of your sentence or other requirements. If you don’t take these steps, then you could still be charged with driving on a suspended license — even though the term of your suspension may technically be up.
If you have been charged with a DUI, there is help. The Chambers Law Firm offers high-quality legal representation to clients in Rancho Cucamonga and the surrounding areas. Contact our office today at 714-760-4088 or dchambers@clfca.com to schedule a free initial consultation for your DUI or driving on a suspended license charge.
