Vehicle Code 14601 VC makes it a crime in California to drive a motor vehicle while your license is suspended or revoked. This is a misdemeanor that can carry up to 6 months of jail time and a fine of up to $1000 plus court costs.
14601 VC states that “No person shall drive a motor vehicle at any time when that person’s driving privilege is suspended or revoked…if the person so driving has knowledge of the suspension or revocation.”
Examples:
- driving a car after having a license suspended for DUI (a crime under Vehicle Code 23152a VC).
- operating a vehicle after license revocation for being a habitual traffic offender.
- driving after receiving a license suspension for refusing to submit to a chemical test.
Defenses
You can raise a legal defense to challenge a charge under this statute. Common defenses include:
- you had no knowledge of the suspension,
- there was no suspension, and/or
- you drove out of necessity.
Penalties
A violation of this statute is a misdemeanor. This is opposed to a felony charge or an infraction.
The offense is punishable by:
- custody in county jail, and/or
- substantial fines.
A judge can award misdemeanor (or summary) probation in lieu of jail time.
Our California criminal defense attorneys will explain the following in this article:
- 1. What is VC 14601?
- 2. Defenses
- 3. Penalties
- 4. Immigration Consequences
- 5. Expungements
- 6. Gun Rights
- 7. Related Offenses
- Additional Resources
Vehicle Code 14601 VC is the California statute that makes it a crime to knowingly drive with a suspended or revoked driver’s license.
1. What is VC 14601?
VC 14601 prohibits driving on a suspended or revoked license in California. To convict you, prosecutors must prove the following elements of the jury instructions beyond a reasonable doubt:
- you drove a motor vehicle while your driving privilege was suspended or revoked by the Department of Motor Vehicles, and
- when you drove, you knew that your driving privilege was suspended or revoked.1
Note that you must actually know that your license was suspended to be guilty under this statute.2 This knowledge is presumed if all of the following are true:
- the DMV mailed a notice to you telling you that your driving privilege had been suspended/revoked,
- the notice was sent to your most recent address, and
- the notice was not returned to the department as undeliverable or unclaimed.3
2. Defenses
You can try to beat a charge under this statute with the following defenses. In any case, prosecutors have the burden of proof to prove guilt beyond a reasonable doubt.
You Had No Knowledge of the Suspension
Recall that you are guilty of this statute only if:
- you drove on a suspended license, and
- you knew that your license was suspended/revoked.
This means it is a legal defense to say that you did not have this knowledge.
Example: The 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. The police officers pull her over for a broken taillight and discover that she is driving on a suspended license. Tina is not liable.
There Was No Suspension
You can be guilty under these laws only if your license was suspended. Therefore, it is a defense to show that you had a current and valid license when caught driving.
You Drove Out of Necessity
Under a necessity defense, you essentially try to avoid guilt by showing that you had a sufficiently good reason to commit the crime.
Lawyers sometimes refer to this defense as “guilty with an explanation.” In the context of this statute, you could attempt to show that you committed the crime since you had no other choice. Perhaps, for example, you drove because of an emergency.
Driving with a suspended license can result in a fine and/or jail time in California.
3. Penalties
A violation of section 14601 of the Vehicle Code is a misdemeanor. The exact punishment that you receive will depend on why your license was previously suspended.
Further, punishments will be determined by the following statutes:
- Vehicle Code 14601 VC,
- Vehicle Code 14601.2 VC,
- Vehicle Code 14601.3 VC,
- Vehicle Code 14601.5 VC, and
- Vehicle Code 14601.1 VC.
Reckless, Negligent, or Incompetent Driving – VC 14601
This statute punishes you for:
- driving on a suspended license, and
- receiving a license suspension for reckless, negligent, or incompetent driving.4
In these situations, you will receive the following punishment:
- informal probation for up to three years,
- custody in county jail for five days to a six month period, and/or
- a maximum fine of $1,000.5
Driving Under the Influence of Alcohol or Drugs – VC 14601.2
This statute punishes you for:
- driving on a suspended/revoked license, and
- receiving a license suspension because of a DUI conviction.6
In these situations, you will receive the following punishment:
- informal probation for up to three years,
- a county jail sentence of 10 days to six months,
- a maximum fine of $1,000, and/or
- installation of a certified ignition interlock device.7
Habitual Traffic Offenders – VC 14601.3
This statute punishes you for:
- driving on a suspended license, and
- receiving a license suspension for being a habitual traffic offender.8
In these situations, you will receive the following punishment:
- informal probation for up to three years,
- custody in county jail for up to 30 days, and/or
- a maximum fine of $1,000.9
Refusing to Submit to a Chemical Test or Driving with an Unlawful BAC – VC 14601.5
This statute punishes you for:
- driving on a suspended license, and
- receiving a license revocation for refusing to submit to a chemical test or driving with an unlawful BAC.10
In these situations, you 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
License Suspension or Revocation for Other Reasons – VC 14601.1
This is a catch-all statute that punishes you for:
- driving on a suspended/revoked license, and
- receiving a license suspension for any reason not previously mentioned.12
In these situations, you 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
Driving on a suspended license will not impact a person’s immigration status.
4. Immigration Consequences
A California conviction for driving on a suspended license will not impact your immigration status.
5. Expungements
You can get an expungement if convicted of driving on a suspended license if:
- you completed probation (if imposed), or
- you completed your jail term (if imposed).
Note that a judge may even award an expungement if you committed a probation violation.
6. Gun Rights
A California conviction for driving on a suspended license will not affect your gun rights.
7. Related Offenses
There are three crimes related to driving on a suspended/revoked license. These are:
- driving without a license – VC 12500,
- failing to present a driver’s license – VC 12951, and
- unlawful use of a driver’s license – VC 14610.
Additional Resources
If your license was suspended due to a DUI, refer to the following California DMV articles:
- Driving Under the Influence: Age 21 and Older – Overview of how getting arrested for DUI affects your driving privileges.
- Driving Under the Influence (DUI) – Frequently-asked-questions and answers about the DMV consequences of a DUI case.
- Ignition Interlock Device List – Approved Manufacturers & BAIIDS (Breath Alcohol Ignition Interlock Devices) in California.
- Driver Safety Offices – For drivers seeking administrative hearings or drivers scheduled for departmental re-examinations.
- Licensing Fees – Costs for reinstating your license following a DUI.
Legal References:
- CALCRIM No. 2220 – Driving with Suspended or Revoked License. Judicial Council of California Criminal Jury Instructions (2017 edition).
To prove that the defendant is guilty of this crime, the People must prove that:
1. The defendant drove a motor vehicle while (his/her) driving privilege was (suspended/ [or] revoked) [for ];
AND
2. When the defendant drove, (he/she) knew that (his/her) driving privilege was (suspended/ [or] revoked).
[If the People prove that:
1. The California Department of Motor Vehicles mailed a notice to the defendant telling (him/her) that (his/her) driving privilege had been (suspended/ [or] revoked);
2. The notice was sent to the most recent address reported to the department [or any more recent address reported by the person, a court, or a law enforcement agency];
AND
3. The notice was not returned to the department as undeliverable or unclaimed; then you may, but are not required to, conclude that the defendant knew that (his/her) driving privilege was (suspended/ [or] revoked).] - People v. Spence (2005) 125 Cal.App.4th 710.
- CALCRIM No. 2220 – Driving with Suspended or Revoked License.
- California Vehicle Code 14601 VC. The language of the code section reads as follows:
(a) No person shall drive a motor vehicle at any time when that person’s driving privilege is suspended or revoked for reckless driving in violation of Section 23103, 23104, or 23105, any reason listed in subdivision (a) or (c) of Section 12806 authorizing the department to refuse to issue a license, negligent or incompetent operation of a motor vehicle as prescribed in subdivision (e) of Section 12809, or negligent operation as prescribed in Section 12810.5, 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.
(b) A person convicted under this section shall be punished as follows: (1) Upon a first conviction, by imprisonment in a county jail for not less than five days or more than six months and by a fine of not less than three hundred dollars ($300) or more than one thousand dollars ($1,000). (2) If the offense occurred within five years of a prior offense that resulted in a conviction of a violation of this section or Section 14601.1, 14601.2, or 14601.5, by imprisonment in a county jail for not less than 10 days or more than one year and by a fine of not less than five hundred dollars ($500) or more than two thousand dollars ($2,000).
(c) If the offense occurred within five years of a prior offense that resulted in a conviction of a violation of this section or Section 14601.1, 14601.2, or 14601.5, and is granted probation, the court shall impose as a condition of probation that the person be confined in a county jail for at least 10 days.
(d) Nothing in this section prohibits a person from driving a motor vehicle, that is owned or utilized by the person’s employer, during the course of employment on private property that is owned or utilized by the employer, except an offstreet parking facility as defined in subdivision (c) of Section 12500.
(e) When the prosecution agrees to a plea of guilty or nolo contendere to a charge of a violation of this section in satisfaction of, or as a substitute for, an original charge of a violation of Section 14601.2, and the court accepts that plea, except, in the interest of justice, when the court finds it would be inappropriate, the court shall, pursuant to Section 23575, require the person convicted, in addition to any other requirements, to install a certified ignition interlock device on any vehicle that the person owns or operates for a period not to exceed three years.(f) This section also applies to the operation of an off-highway motor vehicle on those lands to which the Chappie-Z’berg Off-Highway Motor Vehicle Law of 1971 (Division 16.5 (commencing with Section 38000)) applies as to off-highway motor vehicles, as described in Section 38001. - See same.
- California Vehicle Code 14601.2 VC; it does not matter if the suspension was for a first offense, second offense, or a subsequent offense.
- See same.
- California Vehicle Code 14601.3 VC.
- See same.
- California Vehicle Code 14601.5 VC.
- See same.
- California Vehicle Code section 14601.1 VC.
- See same.