Vehicle Code Sections 14601.1 and 14601.1(a) punish driving when the license has been suspended for reasons other than DUI or an APS finding. These reasons including failing to appear in court, failing to pay a traffic fine, or failing to obey a court order to pay child support. Sections 14601.1 and 14601.1(a) can be either a misdemeanor or an infraction. If it is an infraction, it is treated like a traffic ticket. You cannot get sentenced to jail.
However, if it's a misdemeanor then conviction for the offense carries up to six months in county jail. A criminal conviction will appear on your record. A person who is convicted of a second offense for driving on a suspended license faces a minimum of five days in jail. This is true even if the first conviction was an infraction.
Elements of the Crime
To convict a person for driving on a suspended license, the prosecutor, or the officer in a traffic trial, must establish all of the following: 1) the person drove a motor vehicle; 2) the person's driver's license was suspended or revoked at the time (either by a court or the DMV); and 3) the person had knowledge of the suspension. The third element can be proven by showing that the person was served with a notice of suspension in court or it was mailed to the person and not returned.
What To Do Next?
If you have been cited or arrested for driving on a suspended license, It is important that you get your driver's license reissued before you go to court. This will help you in your case. Some drivers are unsure why their license was suspended. It is best to get a copy of your driving record. Our attorney will review this with you and advise you as to what you need to do to get the suspension cleared. Submit our CONTACT form or call our office at (877) 667-1205 for a free consultation.