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Home » DUI/DWI » Driving with a Suspended License

Driving with a Suspended License

What happens when you are driving with a suspended or revoked license in California?

You are charged with the criminal offense under CAV Code 14601 and §14602.6. According to the first part of VC 14601. 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.”

When you are charged with Driving with a suspended license or DWS or Driving while suspended, the best course of action requires you to hire a professional defense lawyer from the office of David S. Chesley. Driving while suspended is a serious crime in California with both financial and jail time penalties, along with risking your record. Therefore, it is imperative to hire a defense lawyer that has in-depth knowledge and experience of Californian courtrooms and DMV laws. Stretching our knowledge and experience, our lawyers work to find the best and the most convincing approach to preparing your defense. We aim to minimize the sentence, reduce financial penalty and avoid jail time for our clients and we have made it possible for hundreds of our clients. As former prosecutors, we understand prosecutor’s side of the story and know how to manipulate it for the successful defense of our clients.

How Are Driving While Suspended Charges Proven?

To prove charges of DWS against a driver, the DMV or law enforcement must prove three points laid out in the VC 14601.a which include,

The person was driving a motor vehicle.
The person’s driving license was suspended or revoked at the time of operating vehicle.
The person had known about the suspension and revoking of license.

What Does Knowledge of License Suspension Mean?

One of the most important parts of this clause is that the driver must know about suspension of knowledge. It is presumed that the driver has knowledge of suspension of license if,

California’s DMV authority issued a written notice to the driver and mailed it to the driver’s most recent address enlisted with department and mail is not returned as unclaimed or undelivered.
The police officer or law enforcement officer informed you in person and served the notice of suspension at the time of your arrest and confiscation of your license for DUI or any other driving charges.
A judge personally informs the driver in the courtroom about the suspension of license.

Penalties for Driving While Suspended

There are strict penalties when you are convicted of driving with a suspended license. There are both financial penalty and jail time, and in case of recurrent offense, you can also be put on probation. The penalties for DWS are

First Offense: $300-$1000 fines and jailtime ranging from 5 days to 6 months
Second offense*: $500-$1000 monetary fines and jail time ranging from 10 days to 1 year

*A second offense is when the offense happened within five years of the first offense.

What Are Available Defenses?

For us, the criminal defense lawyers at David S. Chesley’s Law office, every case of driving while suspended require attention and investigation to find the best approach to defense. We thoroughly examine your case and circumstances along with going into the history of license suspension. Based on the facts, we identify the loopholes in prosecutor’s case and manipulate them for a successful defense. The commonly available defenses in such cases are

Proving that you did not have prior knowledge of suspension.
You were driving under restricted license clause which enables you to drive to and from the workplace, university or school.
The suspension of your license was unlawful and illegal.

We are a team of former prosecutors and judges which gives us an edge over an average defense lawyer. We know how things work on both sides of the law and therefore, we focus on finding the most convincing arguments to weaken prosecutor’s case.

If you have a court date for driving while suspended license, you can contact us today for legal representation.

Multiple defendants each facing 7 years charged with smuggling prescription drugs into California from Mexico our client was the only defendant who received NO JAIL TIME!
Client facing 5 years for possession of deadly weapon we negotiated a plea for NO JAIL TIME!
Client facing 3 life terms for multiple felony counts of Child Molestation and Sodomy with child we proved the charges were fabricated by victims mother DISMISSAL of all charges at preliminary hearing!
Strike case: Client charged with possession of methamphetamine facing 25 years we filed a Romero Motion which was granted case REDUCED TO MISDEMEANOR!
Client's estranged girlfriend alleged Client broke into her room and choked her facing 14 years in State Prison we won at trial JURY ACQUITTAL.
Police allegedly discovered 3 bags of marijuana in client's glove box faced 6 years we filed a 1538.5 motion to suppress resulting in DISMISSAL of all charges!
Client allegedly sold rock cocaine to undercover officer faced 10 years following our argument client received NO JAIL TIME!
Client facing 15 years for Armed Robbery we proved misidentification Judge DISMISSED the case!

What our clients say Client Testimonials

I am truly pleased with my experience with the Law Offices Of David S Chesley. They answered all my questions and provided me with great advice and legal services. My case resolved quickly. Thank you!
Rodrigo L.

I left court yesterday with my last case being wrapped up. Two court appearances and that’s it. He represented me in a couple of different cases and was impressive to say the least. Always a phone call or text message away. Confident and aggressive when he needed to be. Calming and thorough when meeting with me. Attorney Chesley did exactly what he said he would and I got the results I needed. He seemed to know all the right people at the Temple Street courthouse. You can always get in contact with him quickly and he is a great lawyer. I highly recommend his legal services.
Ricardo Esteves

My brother was given a very caring attorney that was assigned to his case and we had very helpful case managers throughout the process. I strongly recommend David Chesley to anyone who is in trouble. I called in to get help on my brothers case and right away I liked their service. My brothers charges were eventually dismissed after the attorney got him into a program, now he could go on without the trouble of having anything on his record
Erica Geller

I retained Mr. Chesley and his firm and from the beginning they were extremely professional both in communicating the status of my case to me, explaining the situation as a whole, and just downright taking care of business. It was money well spent for a job well done. Thanks again to David and Melissa others that worked on my case. I recommend this firm to anyone in need of legal representation. Don’t just accept things the courts force on you, call this firm and protect yourself.
Elizabeth F.

I contacted Mr. Chesley and his firm because some unfortunate events had left me in a jam. Detectives were demanding I testify or be prosecuted for a crime I didn’t commit. (I wasn’t involved or even at the scene of the alleged crime when it supposedly took place.) Mr. Chesley explained to me that he had been through similar situations with his clients before and understood exactly what was going on. His response to what took place was nothing short of amazing. No matter how small my concern, Mr. Chesley addressed it in a timely manner. He advocated for what is right and empathized with me in dealing with the Court system. After meeting with the supervising D.A. and providing alibi evidence he was able to get me out the situation. I’m very grateful to have found him.
Leon Hanley

I hired David Chesley for my criminal defense in 2012. he was recommended to us for is success results and his low fees. David is very smart and his professional legal advice was honest & much appreciated during these stressful time. David’s knowledge, advice, and communication about what we were to expect was reassuring and beneficial to me. He charged me a reasonable flat rate and didn’t charge me any surprise fees. In my case David Chesley was able to negotiate with the prosecution attorney for the best result I could hope for. He had success at getting my criminal charges dismissed with the judges approval. You will not be disappointed if you hire The Law Offices of David S. Chesley.
Britanny Givens

David is very professional, yet very casual. Although it is typically not easy to speak straight up with an attorney, he is very easy to talk to. He replied to my questions quickly and was available all hours. Not only did he get my case resolved with a dismissal, he went above and beyond and got me an expungement without me even requesting it. He never beats around the bush and tells you like it is. At the same time is willing to work overtime to get the results you request. I would use David’s services again in the future.
Andrew A.

very satisfied being a client with the Law Offices of David Chesley.. Negin represented both my husband and I and got both our cases dis issued… Negin was on top of our cases she really cares and did everything she said she would do!!! thanks a lot Negin
Rita K.

I don’t write many reviews, however this time I had to share my admiration and appreciation for this firm. Attorney Negin Akhavan is definitely a person you want representing you in any criminal legal battle. She is the clear definition of the frace “is not what you know, but who you know ” she is not only knowledgeable, she also has the relationships with the right people. I couldn’t be happier with the results she was able to provide.

Thank you Negin.
Gabriel V.

An old felony charge came up, so I hired David and his team in June, and he got me a release on my own cognition on a felony charge in July which has never happened to me, and got it dismissed in October. He was responsive when I called and always kept me updated. Got my case dismissed, was easy to work and handled everything for me. He did an excellent job. I highly recommend David Chesley for any criminal defense.
Jason Corona

They really helped me out in a timely manner. I had a drug charge from 16 years ago and they dealt with it quickly. I can’t recommend them enough. If you have a criminal charges check them out they are awesome.
Santiago L.