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    Vehicle Code 14601.1(a) VC – Driving on a Suspended License

    Vehicle Code 14601 VC: A former D.A. explains

    Vehicle Code 14601.1(a) VC is the California statute that makes it illegal for a person knowingly to drive in California with a suspended or revoked driver’s license. This traffic violation is a misdemeanor that can carry up to 6 months of jail time and a fine of up to $1000 plus court costs.

    14601.1 VC states that “(a) No person shall drive a motor vehicle when his or her driving privilege is suspended or revoked for any reason other than those listed in Section 14601, 14601.2, or 14601.5, 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 to the person pursuant to Section 13106. The presumption established by this subdivision is a presumption affecting the burden of proof.”

    Examples

    Defenses

    A defendant can raise a legal defense to challenge a charge under this statute. Common defenses include:

    • no knowledge,
    • no suspension, and/or
    • necessity.

    Penalties

    A violation of this statute is a misdemeanor. This is opposed to a more serious offense like a felony charge or a less serious offense like an infraction.

    The offense is punishable by:

    A judge can award misdemeanor (or summary) probation in lieu of jail time.

    Our California criminal defense attorneys will highlight the following in this article:

    suspended california license; driving on a suspended license in California is a violation of 14601.1(a) VC

    Vehicle Code 14601.1(a) VC makes it a crime to drive on a suspended license.

    1. When is it a crime to drive on a suspended license?

    A prosecutor must prove the following to convict a person under VC 14601.1(a):

    1. the defendant drove a motor vehicle while his/her driving privilege was suspended or revoked, and
    2. when the defendant drove, he/she knew that his/her driving privilege was suspended or revoked.1

    Note that a defendant:

    • must actually know that his/her license was suspended,
    • to be guilty under this statute in the state of California.2

    This knowledge is presumed if all of the following are true:

    1. the DMV (Department of Motor Vehicles) mailed a notice to the defendant telling him that his/her driving privilege had been suspended/revoked,
    2. the notice was sent to the accused’s most recent address, and
    3. the notice was not returned to the department as undeliverable or unclaimed.

    Los Angeles prosecutions

    The L.A. County D.A.’s office will generally not prosecute VC 14601.1 cases unless the suspected suspended driver has been a repeat offender in the prior 24 months.3

    2. Are there legal defenses?

    A defendant can try to beat criminal charges under this statute with a good legal defense.

    Three common defenses are:

    1. no knowledge,
    2. no suspension, and/or
    3. necessity.

    2.1. No knowledge

    Recall that a defendant is only guilty of this statute if:

    1. he/she drove on a suspended license, and
    2. he/she knew that his/her license was suspended/revoked.

    This means it is a legal defense for an accused to say that he/she did not have this knowledge.

    Example: The California DMV suspends Tina’s driver’s license for accumulating too many points and becoming a negligent operator. The notice of suspension is mailed to an old address and she never becomes aware of it. Officers from the local law enforcement agency pull her over for a broken taillight and discover that she is driving on a suspended license. Tina is not liable

    2.2. No driver’s license suspension

    An accused can only be guilty under these laws if his/her license was suspended. Therefore, it is a defense for a defendant to show that he/she had a legal license when caught driving.

    2.3. Necessity

    Under a necessity defense, a defendant essentially tries to avoid guilt by showing that:

    • he/she had a sufficiently good reason,
    • to commit the crime.

    People sometimes refer to this defense as “guilty with an explanation.” In the context of this statute, an accused could attempt to show that he/she committed the crime since he/she had no other choice. Perhaps, for example, the defendant drove because of an emergency.

    Man being arrested for driving with a suspended license in violation of VC 14601.1(a).

    Driving with a suspended license carries a fine and/or jail under California law.

    3. What are the 14601.1(a) VC penalties?

    A violation of this section is a misdemeanor offense.

    Note that:

    • the exact punishment that a person receives will,
    • depend on why the person’s license was previously suspended.

    Further, punishments will be determined by the following statutes:

    3.1. Reckless, negligent, or incompetent driving – VC 14601

    This statute punishes drivers if they:

    1. drove on a suspended license, and
    2. received a license suspension for reckless driving, negligent driving, or incompetent driving.4

    In these situations, a driver will receive the following punishment:

    • informal probation for up to three years,
    • custody in county jail for five days to six months, and/or
    • a maximum fine of $1,000.5

    3.2. Driving under the influence of alcohol or drugs – VC 14601.2

    This statute punishes drivers if they:

    1. drove on a suspended/revoked license, and
    2. received a license suspension because of a DUI conviction.6

    In these situations, a driver will receive the following punishment:

    • informal probation for up to three years,
    • imprisonment in county jail for 10 days to six months,
    • a maximum fine of $1,000, and/or
    • installation of a certified ignition interlock device.7

    3.3. Habitual traffic offenders – VC 14601.3

    This statute punishes drivers if they:

    1. drove on a suspended license, and
    2. received a license suspension for being a habitual traffic offender.8

    In these situations, a driver will receive the following punishment:

    • informal probation for up to three years,
    • a jail sentence for up to 30 days, and/or
    • a maximum fine of $1,000.9

    3.4. Refusing to submit to a chemical test or driving with an unlawful BAC – VC 14601.5

    This statute punishes drivers if they:

    1. drove on a suspended license, and
    2. received a license revocation for refusing to submit to a chemical test or drove with an unlawful BAC.10

    In these situations, a driver will receive the following punishment:

    • informal probation for up to three years,
    • custody in county jail for up to six months, and/or
    • a maximum fine of $1,000.11

    3.5. License suspension or revocation for other reasons – VC 14601.1

    This is a catch-all statute that punishes drivers if they:

    1. drove on a suspended/revoked license, and
    2. received a license suspension for any reason not previously mentioned.12

    In these situations, a driver will receive the following punishment:

    • informal probation for up to three years,
    • custody in county jail for up to six months, and/or
    • a maximum fine of $1,000.13
    US immigration services emblem. Violating VC 14601.1(a) is not a deportable offense.

    Driving on a suspended license will not impact a person’s immigration status.

    4. Are there immigration consequences?

    Driving on a suspended license will not impact a person’s immigration status.

    Sometimes non-citizens can be deported or marked as inadmissible after being convicted of a California crime. For example, a non-citizen defendant will be deported if convicted of a crime involving moral turpitude.

    A conviction under this statute, however, will not result in deportation.

    5. Can a person get a conviction expunged?

    A person can get an expungement if convicted under this statute.

    A judge will award an expungement if the following are true:

    • the defendant completed probation (if imposed), or
    • the defendant completed his/her jail term (if imposed).

    Note that a judge may even award an expungement if an accused committed a probation violation.

    6. Does a conviction affect gun rights?

    A conviction under these laws does not adversely affect a person’s gun rights.

    Some California crimes result in a person losing his/her rights to:

    • own a gun,
    • purchase a gun, and
    • possess a gun.

    Driving on a revoked license, though, will not affect gun rights.

    7. Are there related criminal offenses?

    There are three crimes related to suspended license charges under California traffic law. These are:

    1. driving without a license – VC 12500,
    2. failing to present a driver’s license – VC 12951, and
    3. unlawful use of a driver’s license – VC 14610

    7.1. Driving without a license – VC 12500

    Vehicle Code 12500a VC makes it unlawful to drive in California without a valid driver’s license.

    Note that the driver’s license does not have to be from California. It can be from any jurisdiction as long as:

    1. it was issued by the state or country in which the driver resides, and
    2. it is currently valid for the type of vehicle the driver is driving.

    7.2. Failing to present a driver’s license – VC 12951

    Vehicle Code 12951 VC is the California statute that makes it a crime for a person to:

    1. drive without a valid license in his/her possession, or
    2. refuse to show that license to a police officer.

    Note that it is possible for a person to be charged under both:

    • VC 12500, and
    • VC 12951.

    7.3. Unlawful use of a driver’s license – VC 14610

    Vehicle Code 14610 VC is the statute that makes it a crime to unlawfully use a driver’s license.

    Unlawful use is when a person:

    • possesses a suspended or canceled license,
    • lends a driver’s license to another person,
    • refuses to surrender a suspended license,
    • allows a person to unlawfully use a license, and
    • duplicates or alters a license.

    For additional help…

    criminal defense law firm

    Call our criminal defense lawyers for legal advice and to create an attorney-client relationship.

    For additional guidance or to discuss your case with a criminal defense attorney, we invite you to contact our law firm Shouse Law Group. Our traffic ticket lawyers offer free consultations.

    Learn about other California non-moving and moving violations, including driving without proof of insurance / liability insurance (VC 16028(a)).

    For information on similar traffic offenses in Nevada or Colorado, please see our articles on:

    Legal References:

    1. CALCRIM No. 2220  – Driving with Suspended or Revoked License. Judicial Council of California Criminal Jury Instructions (2017 edition).
    2. People v. Spence (2005) 125 Cal.App.4th 710.
    3. CALCRIM No. 2220 – Driving with Suspended or Revoked License; LADA Special Directive 20-07.
    4. California Vehicle Code 14601 VC.
    5. See same.
    6. California Vehicle Code 14601.2 VC.
    7. See same.
    8. California Vehicle Code 14601.3 VC.
    9. See same.
    10. California Vehicle Code 14601.5 VC.
    11. See same.
    12. California Vehicle Code Section 14601.1 VC.
    13. See same.

    California Vehicle Code Blog Posts:

    The Difference Between an Infraction and a Misdemeanor in California

    Infractions and misdemeanors are both offenses in the California criminal justice system. The main difference between the two is in their severity and in how they get punished. Infractions are less serious offenses than misdemeanors. They are punishable by a maximum fine of $250 (though certain traffic infractions carry fines of up to $500). Unlike misdemeanors, ...

    California Financial Responsibility Law – How Does it Work?

    California’s financial responsibility law requires motorists to carry “proof of financial responsibility,” which usually means proof of auto insurance. The law is largely codified in California Vehicle Code Sections 1600-16078 VC and is sometimes referred to as “California’s Compulsory Financial Responsibility Law.” Under California law, the minimum amounts of insurance coverage for private passenger vehicles ...

    Is it illegal to drive without your license in your possession?

    Although this difference seems obvious, people often mistake the non-criminal infraction of driving without a license in one’s possession for the more serious misdemeanor offense of driving without a valid license. 1. What is the law under Vehicle Code 12951? California Vehicle Code 12951 penalizes driving without a license in your possession.1 As previously stated, ...

    Can a driver’s license be suspended in California for unpaid tickets?

    No. Per Assembly Bill 103, the state cannot suspend a person’s driver’s license for unpaid traffic tickets. Note, however, that the DMV can suspend a person’s license for failing to show up in court for a ticket. Vehicle Code 40509.5 VC is the California statute that allows the state to put a hold on a ...

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