Vehicle Code § 14601.3 VC – Habitual Traffic Offender in California

Under Vehicle Code § 14601.3 VC, California designates you as a “habitual traffic offender” if you (a) drive on a suspended license, and (b) have too many points on your driving record. This can be punished by up to 30 days in jail and a fine of up to $1000.00.

Examples of HTOs include:

• After getting her license suspended for DUI, Debbie continues to drive and gets two speeding tickets (per VC 22350) in three months.
• Although his license was revoked, Germane drives the next day and is ticketed for running a red light and making an illegal turn (per VC 21453);
• Carlos drives on a suspended license for several months and gets into three accidents while doing so.

Defenses

Luckily, there are several legal defenses that you can raise if accused of a crime under this section. These include showing that you

• Had no notice or knowledge of a license suspension;
• Acted out of necessity; and/or,
• Were falsely arrested.

Penalties

A first conviction results in imprisonment in a county jail for 30 days and a $1,000 fine.

A second, or any additional conviction, results in imprisonment in a county jail for 180 days and a $2,000 fine.

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

• 1. How does California law define a habitual traffic offender?
• 2. Are there defenses to Vehicle Code 14601.3 VC?
• 3. What are the penalties and sentencing?
• 4. Are there related offenses?
• Additional Resources

1. How does California law define a habitual traffic offender?

California Vehicle Code 14601.3 VC penalizes habitual traffic offenders (HTOs).

You get HTO status if you drive on a suspended or revoked license and accumulate a driving record history. A history is created when you receive points on your DMV record.¹

Under this section, a prosecutor must prove the following elements to show that you are a habitual traffic offender:

1. You drove a motor vehicle;
2. Your driving privileges had been previously suspended or revoked;
3. You knew of this suspension/revocation; and,
4. Within a year of the suspension/revocation, you endured:
   1. Two or more convictions that resulted in two points on your DMV record.
   2. Three or more convictions that resulted in one point on your DMV record.
   3. Three or more accidents that were subject to the reporting requirements of VC 16000.
   4. Any combination of convictions or accident which results during any 12-month period in a violation point count of three or more.²

As to the third element above, knowledge, you are presumed to have knowledge of a suspension/revocation if the DMV mailed such a notice to you. As to the fourth element above, the convictions do not have to be from separate acts.³

2. Are there defenses to Vehicle Code 14601.3 VC?

Here at Shouse Law Group, we have represented literally thousands of people charged with California traffic crimes such as being an habitual traffic offender. In our experience, the following defenses have proven very effective at getting charges reduced or dismissed.

You Had No Notice or Knowledge of the License Suspension

A solid defense to Vehicle Code 14601.3 charges is to assert that you never received proper notice of your license suspension, and therefore, had no knowledge that your license was in fact suspended or revoked.

We have seen cases where the DMV made a clerical error and failed to send our client a notice, or where the USPS lost or misdirected the notice. As long as we can raise a reasonable doubt that you knew your license was suspended, criminal charges should not stand.

You Acted Out of Necessity

Under a necessity defense, you try to avoid guilt by showing that you had a good reason to commit the crime. People sometimes refer to this defense as “guilty with an explanation.”

In the context of habitual traffic offender charges, we could attempt to show that you drove on a suspended or revoked license, or committed a moving violation, only because you had no other choice. For example, we have seen cases where people with a suspended license drove in order to:

• drive someone to the hospital,
• escape a natural disaster, or
• escape a burglar in their home.

As long as any reasonable person in your situation would have driven out of legal necessity, your HTO charges should be dropped.

You Were a Victim of False Arrest

Traffic offenses and accidents often happen quickly. Therefore, it is sometimes very difficult to find eyewitnesses who can corroborate charges under VC 14601.3. This can lead to false arrests and misidentifications of offenders.

In these cases, we can often use the police’s own dashcam and bodycam footage to show that they arrested the wrong person or that they arrested you without probable cause. We may also may be able to find surveillance video that shows the entire scene.

Once the prosecutors see that the police may have been in error, your case could be dismissed.

3. What are the penalties and sentencing?

The penalties for habitual traffic offender status depend on your number of convictions under Vehicle Code 14601.3.

Upon a first conviction, you receive:

• Imprisonment in a county jail for 30 days; and,
• A $1,000 fine.

Upon a second conviction, or any subsequent offense within seven years of a prior conviction, you receive:

• Imprisonment in a county jail for 180 days; and,
• A $2,000 fine.

4. Are there related offenses?

Driving With a Suspended License – VC 14601

California Vehicle Code 14601 VC makes it a crime to knowingly operate a motor vehicle with a suspended or revoked driver’s license. There would need to be a license reinstatement for you to lawfully drive.⁴

California law presumes you know of your driver’s license suspension or revocation if ALL of the following three things are true:

1. The California DMV mailed a notice to you informing you that your license had been suspended or revoked;
2. That notice was sent to your most recent address, as reported by you to the DMV; and,
3. The notice was not returned to the DMV as undeliverable or unclaimed.⁵

You can be guilty of driving on a suspended license if your license was suspended or revoked for any number of reasons, including:

• Being declared a negligent operator for too many points on your license,
• A mental or physical disability, and/or
• A conviction for California DUI.

Driving on a suspended license is a California misdemeanor. The potential punishment includes a county jail sentence and substantial fines.⁶

However, the exact penalty for VC 14601 driving on a suspended license will depend on why your license was suspended or revoked in the first place.

Driving Without a License – VC 12500(a)

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

Your 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 you reside, and
2. It is currently valid for the type of vehicle you are driving.⁷

Driving without a valid license in California is a “wobblette” offense. This means it can be charged as either a misdemeanor or a non-criminal infraction.⁸

A first offense is usually an infraction. Subsequent offenses under VC 12500 are more likely to be charged as a misdemeanor.

As an infraction, driving without a license carries a potential fine of up to $250.⁹

If charged as a misdemeanor, VC 12500 can be punished by:

• Up to six months in county jail, and/or
• A fine of up to $1,000.¹⁰

Failing to Present a Driver’s License – VC 12951

In California, you are subject to penalties for failing to present a driver’s license, per Vehicle Code 12951 VC.

There are two ways to violate VC 12951.

The first, outlined in Vehicle Code 12951(a) VC, is for you to drive on a highway without having your valid driver’s license in your possession.¹¹

The second way you violate this law, as outlined in VC 12951(b), is when you simply refuse to present a license to an officer when requested to do so.¹²

The penalties for failing to present a driver’s license in California depend on whether you violated Vehicle Code 12951(a) or Vehicle Code 12951(b).

If you simply drive without a valid license in your possession, you will be charged with a California infraction.¹³ The only penalty is a fine of up to $250.¹⁴

If you are successfully charged with VC 12951(b), you will be guilty of a misdemeanor.¹⁵ The potential penalties are:

• Up to six months in county jail; and/or
• A fine of up to $1,000.¹⁶

Additional resources

If your license has been suspended or revoked, consider these transportation options in California:

• Greyhound, Megabus, and Flixbus – Bus stations throughout the state.
• Amtrak, Caltrain, Metrolink – Train routes throughout the state.
• Uber, Lyft – Ride-sharing throughout the state.
• RentaBikeNow – Bike rentals in major cities.
• Lime – Electric scooter rentals in major cities.

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