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undefinedThe first thing a driver needs to understand about driving with a suspended license is a misdemeanor charge if the driver knew their license was suspended.

The main distinction between a traffic infraction and a misdemeanor is the potential for jail time or probation. A minor traffic infraction is a fine and negligent operator treatment system (NOTS) points only.

For drivers, the key is to avoid trying to talk their way out of a ticket. Remember, “…everything you say can and will be used against you in a court of law.”

Most law enforcement officers now wear body cameras that can capture your statements, and any admission of knowledge about driving with a suspended license can complicate your defense. 

However, an experienced attorney can explore certain technicalities that may help.

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.

Three conditions exist that prove to the court that you knowingly drove with a suspended license:

  1. A court official or law enforcement officer will show that the DMV mailed you a notice of your suspended license.

  2. They’ll show the address where it was sent, which will match the address you gave the DMV when you got your license, registered a vehicle, or reported a change to the DMV. 

  3. They will also claim that the “Order of Suspension” notice wasn’t returned.

Therefore, you should have known your license was suspended. If you or an attorney can show that it is no longer your address, you might be guilty of not notifying the DMV of your move, but the judge might dismiss the charge because you didn’t know your license was suspended. 

If you get caught driving with a suspended license in Shafter, CA, in Kern County, you should invoke your “right to remain silent” and avoid answering any question by the law enforcement officer (LEO) until you speak with an attorney.

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.

Consequences of a Conviction for Driving with a Suspended License

A conviction for driving with a suspended license can result in a base fine between $300 and $1,000 and potential jail time. However, Kern County and the State of California impose additional surcharges, assessments, and fees that can inflate this amount substantially.

Fees for court construction, DNA ID, and emergency services can make the total fine several times the base amount. 

CA VC Section 14601.1(a)Violation of License Provisions, states: 

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.”

Could My Misdemeanor Charge Be Downgraded?

In some cases, driving with a suspended license could be treated as a “wobbler” offense, depending on specific details.

A "wobbler" may lead to the charge being downgraded. For instance, a wobbler could be downgraded from a felony to a misdemeanor, or from a misdemeanor to an infraction if the judge or Deputy District Attorney agrees.

Anyone accused of driving with a suspended license in Shafter, CA, should exercise their right to remain silent and seek an attorney’s counsel without delay.

Consult with Bigger & Harman About Driving with a Suspended License in Shafter, CA

If you need assistance with a driving with a suspended license charge in Shafter Courthouse in Kern County, CA, call Bigger & Harman at (661) 349-9300—se habla Español 349-9755.

Otherwise, use our convenient-to-use contact form or email attorney@biggerharmanlaw.com

References:

The CA Driver Handbook English y Español.

CA VC Section 14601.1(a)Violation of License Provisions

Cornell Law School LII WEX Definitions: Misdemeanor

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