Various situations can lead to a license suspension, but if caught driving with a suspended license, you can face misdemeanor criminal charges. The penalties for both first and subsequent offenses can be harsh. As a result, mounting a defense to charges of driving with a suspended license in Oakland can be vital.
Obtaining the advice of a knowledgeable criminal attorney could assist you in fighting back against these charges. By working with skilled legal counsel, you put yourself in a better position for a positive resolution.
California Vehicle Code § 14601 prohibits people from driving motor vehicles if their driving privileges are suspended or revoked under specific circumstances. These situations include suspensions resulting from reckless driving, drug or alcohol abuse, physical or mental conditions that affect the ability to drive safely, and being labeled as a “negligent” or “competent” operator. To commit suspended license driving in Oakland, a person must know that his or her license is suspended.
However, California Vehicle Code § 14601.1 makes it illegal for people to drive while their licenses are suspended under all circumstances, as opposed to the specific offenses listed in § 14601. Other sections of the Vehicle Code also make it illegal for individuals to drive with suspended licenses due to DUI convictions, designation as habitual traffic offenders, and chemical test refusals.
Both these sections presume that defendants know of their suspensions if the DMV properly provided written notice to them by mail at their last reported address, and the notice was not returned to the DMV as undeliverable or unclaimed. Likewise, if a police officer serves individuals with a notice of suspension upon arrest for an offense that warrants a suspension, such as DUI, the law presumes that the individuals are aware of the suspension. This presumption also exists when a license suspension is issued by a judge.
In Oakland, a first conviction of driving with a suspended license can result in incarceration in a county jail for a period ranging from five days to six months, as well as a fine ranging from $300 to $1,000. Penalties for driving with suspended licenses increase with subsequent violations.
If a second conviction occurs within five years of a prior conviction, the sentence can include imprisonment for a period of ten days to one year, as well as a fine of $500 to $2,000. Furthermore, if someone receives probation as a part of his or her sentence, a condition of his or her probation must include at least ten days of incarceration in the county jail.
Additionally, if someone pleads guilty or nolo contendre to a charge of driving with a suspended license based on a separate charge involving alcohol or drugs, he or she may have to install an ignition interlock device for up to three years. An ignition interlock device functions as an in-vehicle breathalyzer.
If you have been accused of driving with a suspended license in Oakland, you could be facing jail time, high fines, and other unwanted consequences. These sanctions will only add to the burdens that you already face as a result of your license suspension. You can consult experienced legal counsel for advice and help with building a defense against the allegations. Schedule a free case consultation by calling today.
The Nieves Law Firm is dedicated to providing aggressive criminal defense representation to working professionals who have found themselves in trouble with the law. We show up to win, and we’re not afraid to fight aggressively to accomplish our client’s goals.
We understand that being accused of a crime can be a scary and confusing experience. That’s why we take the stress off our clients by handling the full scope of their legal situation from the initial consultation to the final outcome. Our bilingual attorneys and staff are here to ensure that our clients feel heard and understood every step of the way.
As one of the largest criminal defense teams in Oakland and the Greater Bay Area, we have the resources and experience to handle even the most complex cases. Our experienced team examines various aspects of your case and, perhaps most importantly, we genuinely care about our clients and their future. We take the time to learn about their goals and priorities so that we can achieve an outcome that allows them to move past their mistakes and focus on the future they want. When you work with us, you become part of our team.
Our skilled criminal defense attorneys have experience handling a wide range of criminal cases. With a deep understanding of the legal system and a track record of successful cases, our lawyers are committed to achieving the best possible outcome in your case.
When facing a criminal charge, having dedicated and experienced attorneys on your side is critical. At The Nieves Law Firm, we understand the gravity of your situation, and our criminal defense attorneys provide unwavering support and legal guidance.
From the moment you reach out to us, we prioritize your well-being and legal interests. Our criminal lawyers are with you every step of the way, from arrest to hearings and beyond, to ensure that your rights are protected. Whether you’re facing charges related to DUI, drug offenses, assault, sex crimes or any other allegation, we have the knowledge and courtroom experience to fight vigorously on your behalf.
We believe in the power of collaboration and will actively involve you in the decision-making process, ensuring you are well-informed and empowered to make the best choices for your defense. Our goal is not only to navigate the legal complexities but also to provide you with the peace of mind and reassurance you deserve during this challenging time.
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Case Dismissed after Completion of Drug Court
All Charges Dismissed and Property Ordered to be Returned to Client
Deferred Entry of Judgment
Case Dismissed
Case Dismissed without Trial
Motion to Vacate Granted
Restraining Order Denied and Sealed
Both Cases Dismissed Prior to Trial
No Charges Filed
No Criminal Charges Filed & Detention
No Jail Time & No Sex Offender Registration
Pled to 1 Petty Misdemeanor and Not Required to Register as Sex Offender
