The first thing a driver should know about driving with a suspended license is that it’s a misdemeanor if you were aware of the suspension.
Unlike a minor traffic infraction, this charge can lead to jail time, probation, and high fines.
Why Knowledge of the Suspension Matters
Prosecutors must prove you knew your license was suspended. They usually rely on three things:
1.Proof that the DMV mailed a suspension notice.
2.Evidence that it was sent to the address you gave the DMV.
3.Confirmation that the notice was not returned undelivered.
If you never received the letter because you moved, a judge may dismiss the charge. However, failing to update your DMV address could still create legal issues—these are not criminal charges.
Misdemeanor vs. Infraction
A simple traffic infraction results in a fine and NOTS points.
A misdemeanor conviction, however, can mean a fine, NOTS points, county jail time, probation, or a combination. The penalties depend on the specific violation, but Inyo County drivers often face tough consequences.
What the Law Says
California Vehicle Code (VC) Section 14601.1(a) makes it illegal to drive if your license is suspended and you knew about it. Courts consider an unreturned mailed notice as proof of knowledge. In other words, if the DMV mailed it, the law assumes you were aware.
However, if you recently moved, it might be easy for an experienced attorney to prove you are only guilty of not knowing, not driving with a suspended license.
Consequences of Conviction
Convictions for driving with a suspended license carry harsh penalties. The base fine ranges from $300 to $1,000. With surcharges and state assessments, the total can multiply quickly.
The total fine after conviction could be around $3,000, and towing and storage fees for an impounded vehicle could add as much as $2,000.
A second conviction could mean up to six months in the county jail. Inyo County courts take these cases seriously, and judges in Bishop or Independence often impose probation instead of jail time for first-time offenders, but that would still leave two points and a criminal conviction.
Why Staying Silent Helps
When stopped by law enforcement on I-395 or local roads, resist the urge to explain yourself.
Most LEOs now wear body cameras. Any statement admitting you knew your license was suspended can make your defense more difficult.
Politely exercise your right to remain silent until you speak with an attorney.
Could the Charge Be Reduced?
Sometimes, a suspended license case can be treated as a “wobbler.” This means the charge might be reduced from a misdemeanor to an infraction.
Whether that happens depends on the facts of the case, the DA, and your defense attorney’s negotiation, or the judge using their discretion to reduce the charge to an infraction if the defense agrees.
“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.
Local Enforcement in Inyo County
We see many cases of drivers stopped on Interstate 395 near Bishop or Independence. Law enforcement in Inyo County is strict when it comes to suspended license cases.
Out-of-state drivers passing through may not even realize their license was suspended until stopped. Also, some drivers who owe child support payments are unaware that their driver’s license is suspended.
Consult Bigger & Harman About Driving with a Suspended License
At Bigger & Harman, we understand how stressful a charge like this can be. If you’ve been accused of driving with a suspended license, don’t go into the Bishop or Independence Courthouse alone.
Our team could challenge whether you knew about the suspension, explore technical defenses, and work to reduce or dismiss the charge. However, our defense depends on your actual circumstances.
Call Bigger & Harman at (661) 349-9300—se habla Español 349-9755—or use our contact form to schedule a consultation. Protect your record, your freedom, and your future.
Use the electronic contact form to arrange a complimentary consultation, or email us at attorney@biggerharmanlaw.com.
❓ Frequently Asked Questions (FAQ) Section
Q: What is the fine if convicted for driving with a suspended license?
A: The base fine is $300 to $1,000, but assessments and penalties can push the total much higher, typically around $3,000 and an impounded vehicle could cost more for towing and storage.
Q: Could I go to jail if convicted for this charge?
A: Yes. A first conviction could mean up to six months in county jail. Although the judge usually makes a first offense sentence less harsh, and probation is also possible. But your goal should be to avoid the criminal conviction and the two points as well.
Q: What should I do if I get stopped on I-395 with a suspended license?
A: Remain polite, exercise your right to remain silent, and contact an attorney immediately.
References:
CA Vehicle Code (VC) Section 14601.1(a), Violation of License Provisions.
The Bankrate.com article, Average cost of car insurance in CA for 2025.
The CA DMV Negligent Operator Treatment System (NOTS) Webpage.