Driver’s License Suspension and Reinstatement
Arrest for Driving on a Suspended License
If your California driver’s license has been suspended, you can be arrested for driving on a suspended license. If you are charged with driving on a suspended license, getting your driver’s license reinstated could keep you out of jail.
Your driver’s license may have been suspended for many reasons. Perhaps you were deemed a “negligent operator” for getting too many tickets, or you had traffic tickets that were never paid, or you failed to appear in traffic court, or you were convicted of a driving under the influence (DUI) offense and never completed your AB541 or SB38 classes.
Whatever the circumstances, getting your California driver’s license reinstated may be easier than you think. Often it just takes some help from an experienced criminal defense attorney to help you navigate the Los Angeles courts and the DMV so you can finally get behind the wheel again legally and without serving any time in jail.
At the Law Offices of Jerod Gunsberg, some of the services we offer in getting your driver’s license reinstated include:
- Legal representation in any proceeding concerning the suspension of your driver’s license or probation violation
- Clearing any bench warrants before the courts
- Organizing unpaid court fines and fees
- If DUI classes were never completed, we will get you enrolled into an AB541 or SB38 class
- Assistance in obtaining an SR-22
Even if you have an open case for driving on a suspended license under California Vehicle Code Sections 14601, 14601.1, 14601.2, 14601.3 or 14601.5, we can help you get your license reinstated. Do not ignore your license suspension. The penalties for driving on a suspended California driver’s license are severe:
- Punishment for driving on a suspended license under California Vehicle Code Section 14601(a) – For a first offense, the minimum penalty is 5 days in county jail and a $300 fine plus penalties assessments. The maximum penalty is six months in jail and a $1,000 fine. For a second offense within 5 years of the first offense, there is a minimum punishment of 10 days in jail and a $500 minimum fine plus penalty assessments and a maximum of one year in jail with a $2,000 fine plus penalty assessments.
- Punishments for driving while license is suspended for DUI under California Vehicle Code Section 14601.2 – For a first offense, a minimum of 10 days in county jail and a $300 fine and a maximum of six months in jail and $1,000 fine. For a second offense within 5 the first offense, the punishment is a minimum of 30 days in county jail with a $300 fine plus penalty assessments and the maximum is one year in county jail with a $2,000 fine plus penalty assessments.
- Habitual traffic offender punishment – The California courts or DMV can also declare that you are a habitual traffic offender. This occurs when your license is suspended or revoked and in a 12 month period you were convicted of another driving violation including reckless driving, a DUI, excessive speeding, or multiple accidents where you damaged property. If you are declared a habitual traffic offender, you license will be revoked for three years.
How Prosecutors Prove You Were Driving on a Suspended License
To be convicted of driving on a suspended license, all the prosecution needs to be prove is the following:
- The DMV mailed the defendant a notice
- A police officer informed the defendant at the time he was arrested (in a previous case), or
- A judge informed the defendant at the time he was sentenced
If none of these occurred, other evidence can be used to try and prove the defendant knew of the suspended license.
You Cannot Automatically Drive Once the Suspension Is Over
Once the suspension on your license expires you can not just begin driving again. The DMV requires affirmative steps be taken to have your license reinstated. If you begin driving before you take these steps you will be found guilty of driving on a suspended license.
One way to avoid these harsh penalties is to get your driving privilege reinstated.
Hire an Attorney to Get Your License Back
Do you want your California driver’s license reinstated? Contact criminal defense attorney Jerod Gunsberg in Los Angeles to get your license back. Mr. Gunsberg will provide you with a step-by-step plan of how to get your driver’s license reinstated and will help you through the process.
To discuss your driver’s license reinstatement, call Mr. Gunsberg at (323) 633-3423 for a confidential consultation or get in touch via the secure contact form on this page. Help is available 24 hours a day, 7 days a week.