Knowingly driving with a suspended license is a misdemeanor crime in CA.
“No person shall drive a motor vehicle when his or her driving privilege is suspended or revoked for any reason…if the person so driving has knowledge of the suspension or revocation. Knowledge shall be conclusively presumed if mailed notice has been given by the department…”— CA Vehicle Code (VC) Section 14601.1(a), Violation of License Provisions.
The most significant difference between a traffic infraction and a misdemeanor is the chance of jail time or probation.
“A misdemeanor is a type of offense punishable under criminal law. A misdemeanor is typically a crime punishable by less than 12 months in jail.”— Cornell Law School Legal Information Institute (LII) WEX Definitions: Misdemeanor.
Further, a base fine of between $300 and $1,000 could be levied in addition to jail time or probation.
However, the State and County will add to the base fine, ten surcharges, assessments, and penalties for court construction, night court administration, DNA ID, emergency services, and others.
These additions could make the total fine three to five times more than the base fine.
“Upon a first conviction, by imprisonment in the county jail for not more than six months or by a fine of not less than three hundred dollars ($300) or more than one thousand dollars ($1,000), or by both that fine and imprisonment.”
Therefore, the most important thing a driver needs to know is that they should not attempt to talk their way out of a ticket. Remember, “everything you say can and will be used against you in a court of law.”
Typically, all law enforcement officers (LEOs) are wearing bodycams now, and they can present that video to the judge. If you admit that you knew you were driving with a suspended license, you made it difficult for an attorney. However, there are technicalities that an experienced attorney can employ.
Another consideration is that many judges consider driving with a suspended license a “wobbler,” depending on the circumstances.
A wobbler or wobblette is a crime that might not meet the seriousness of the higher level charge. The wobbler could be either a felony or misdemeanor, and the wobblette, either a misdemeanor or infraction. The judge could downgrade the charge if the attorney agrees.
Therefore, the driver accused of driving with a suspended license should exercise their right to remain silent and consult an attorney immediately.
Consult with Bigger & Harman About Driving with a Suspended License
Contact Bigger & Harman at 349-9300 about representing you at a DMV NOTS Hearing.
Call 349-9300 when you need assistance when accused of driving with a suspended license in Shafter Courthouse in Kern County, CA. Se habla Español (661) 349-9755.
Otherwise, use our convenient-to-use contact form or email attorney@biggerharmanlaw.com.
References:
CA VC Section 14601.1(a), Violation of License Provisions.
Cornell Law School LII WEX Definitions: Misdemeanor.