When a person gets caught driving with a suspended drivers license after a DUI arrest, they are normally arrested and charged with a violation of vehicle code section 14601.2. Here is what you need to know if it happens to you.
| After a person is arrested for a driving under the influence offense in California, the arresting officer physically takes the drivers license from the arrestee, and gives them a paper “notice of suspension” of the license.
10 days later, the Department of Motor Vehicles suspends the drivers license unless the driver gets a stay of the suspension. This means that almost all DUI arestees end up with a suspended drivers license and they are no longer allowed to drive. |
Unfortunately for some, they get caught driving anyway and arrested. Then, these unlucky souls have to go to court to deal with 2 problems:
1) a misdemeanor charge of Vehicle Code section 14601.2; and possibly
2) a probation violation on the DUI case for the misdemeanor arrest.
Dealing with the VC 14601.2 Charge.
Vehicle Code section 14601.2 is actually much nastier than the standard Driving on a Suspended License (VC14601.1). Because a 14601.2 is alcohol related, the penalties are a lot stiffer.
Vehicle Code section 14601.2 has a penalty range of 10 days to 1 year in the county jail plus fines that can total $2000. It is always a misdemeanor and cannot be reduced to an infraction.
The judge may also decide to require you to install and pay for a breathalyzer machine for the ignition on any car that you own.
Often the best way to avoid jail on a VC 14601.2 charge is to get a valid drivers license (by pleading not guilty and delaying the case until you can complete the DMV requirements) and then using the valid license to try to negotiate a reduction to a Vehicle Code section 14601.5 charge with no jail time.
Often it takes some work to get this point. I have had many, many cases where the prosecutors would only offer a VC 14601.5 with 10 days jail, and it was not until the very last minute that I was able to get a 14601.5 with no jail or better offer.
Some prosecutors in some courts will reduce it to a less serious VC12500a misdemeanor, but it is super rare in cases where the drivers license was suspended due to an alcohol arrest. Courts generally have little tollerance for that sort of case.
Getting a reduction in the charge is not automatic when you get your drivers license back, but it will usually help with negotiations to avoid a jury trial – which is a waste of the courts time and resources.
Persons charged with a VC14601.2 have a right to a jury trial, but most of the time it would be a waste of time because the license was suspended. But possible defenses include: the driver had reason to believe it was a valid license; the arrest was illegal because the cop had no justification for the stop, etc.
If you have prior 14601 convictions – even one- the penalty is likely to be 30 days in jail (just had that result in Santa Clara on a bad case).
If a defendant cannot get their drivers license back, or if they plead guilty on the first court date, the sentence is likely to be 10 days in county jail and a fine. Not all courts will require the ignition control device, but some will. Technically, if you plead guilty the judge can sentence a 14601.2 defendant to a year in county jail. Because of this danger, it is always good to ask for an indicated sentence before pleading guilty. That way the judge will tell you want is going to happen before you give up your right to a jury trial.
Dealing With The Probation Violation.
Most people who get a first offense DUI in California are on probation for 3 years, any any arrest violates that probation. Once probation is violated, the court can start over on the DUI and re-sentence the Defendant on the original DUI Charge (Vehicle Code section 23152(a) and 23152 (b)). This probation violation part of the problem is completely separate from the Misdemeanor 14601.2 case, and it is important to not get them confused.
Normally, the probation violation will be heard on a different date than the misdemeanor case. Defendants accused of a probation violation have a right to a hearing, but the burden of proof is “preponderance of the evidence”, not “proof beyond a reasonable doubt”. The reason for the lessor burden of proof is that the defendant was already found guilty, and given the break of probation.
Usually it is best to try to negotiate a second chance in the form of Reinstatement of probation on the same terms and conditions.”
Most judges will give a person a second chance, but some judges will take all DUI Probation Violation people into custody. 30 days is a common sentence in some courtrooms for violation of a DUI probation. But it can be as much as 1 year.
Some defendants will get lucky and have their probation in a different court than the court handling the VC 14601.2 case. If this happens, there is a decent chance the probation court will never find out, and no probation violation will come about. But I would not count on this outcome. Computers are getting better, not worse.
The best advice I can give a person who gets arrested for driving after a DUI is to get an Attorney who has handled the cases before to do the work. Then, work on getting your drivers license back and give it to the attorney to use in plea negotiations.
Considering the cost of a bad outcome that results in jail, it is worth the money to get professional help. The judge is not going to help you, and the prosecutor is not going to talk to you alone.
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I got a felony DUI december 2011 and the DMV gave me a restricted license for 9 months until I got sentenced. Then they rovoked my license for a yr from the filing date of September 2012. This is my first DUI as well, my question is… Is there anyway i would get a restricted license? Maybe plea my case to the court? I have no other way to work etc. The DMV says I have 94 days to fight this? but i dont know how…help
Jenna,
In CA DUI cases, the drivers license action is handled by the DMV completely independently. I dont know what your defense might be, but sounds like you need to hire an attorney to try and fight the drivers license suspension. Might be a giant waste of time and money if you are guilty, however.
I got convicted of a dui in august and a month later i desperately needed to get somewhere so i drove while under my probation period without a license and got pulled over. I got my car towed, got my ticket and belongings and walked home. So now my question is what should I expect and the repercussions of my irresponsible actions?
Polo,
That sounds like 2 problems: 1) new case for driving on a suspended drivers license that was suspended due to an alcohol related offense; and 2) probation violation that may result in a) revocation of probation; b) resentencing on the dui; and c) a separate sentence for the probation violation.
Item #1 has a 10 days in jail minimum in CA (Vehicle Code section 14601.2)
Item #2b has a 1 year maximum
etc.
A good outcome? Win a suppression motion and win the case.
Decent outcome? 10 days in jail
OK outcome? You get a drivers license and talk the prosecutor into a Vehicle Code 14601.5 amendment to avoid mandatory jail time or even better, Veh Code 12500(a) – no jail.
Recommendations? show up on time. Get a delay until you can get a drivers license if possible. Hire an attorney to go to court for you and negotiate for you. Make sure you keep an eye out for a separate probation violation case #. Check the status of your DUI case at the courthouse to see if they issued a probation violation warrant or notice.
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i had dui in my past like 4 maybe 5 yrs ago. i had my license suspened, i never went and got the requirements done. one because i never owned a vehicle, two i didnt want the breathing thing in a vehicle, anyway i got a citation for driving under a dui suspended license,wel i got 2, one he did catch me the other is hear say, he didnt see me, the cop says i will have to do 180 days in jail because i never took care of the requirments to get my license back, is there way i can get out of jail time. i am the only one in my home that has income, i have custody of my children, there mom is a wack job, and my girlfriend of 9 yrs cant keep them because my mother will fight for them in court, so if i go to jail the family splits up, i will have to find a place my kids can go, my girlfriend with no income wont be able to make it on her own.
bty i am not on probation no more either, i have stopped drinking also,
James,
Did you lose 2 cars as well? Maybe 3? Hopefully not.
If you did not “complete” the “requirements” – I’d say you should be worried that your probation was revoked and that you have a warrant for your arrest on the DUI case.
Assuming CA, If you truly do have 2 pending Vehicle Code 14601.2 cases pending (one with a failure to appear I assume reading between the lines), you can get 180 days. And there is probably a mandatory minimum jail sentence. I dont want to offer details because I dont know your facts.
How to minimize the damage? Hire an attorney to handle all of the cases for you together, all at once. Today.
no i didnt loose no cars. let me explain better, 5 or so yrs ago i was on probation got pulled over for dui suspension a couple of times then, now i am off probation, quit drinking and have been clean for about 4 yrs now, by penn dot my suspension date ended but i have to do the requirements to get my license reinstated, i never did the rquirements and didnt get my license reinstated because i dont own a car, my daughter ran away so i went looking for her in my girlfriends car, cop seen me asked about my daughter drove off, then 4 days later comes to my house said he is written too cittations for driving under dui suspension, he seen me once in the car , he is going by hear say on the second one, the cop said i will be getting 180 days in jail, is there way i can get out of jail time. i am the only one in my home that has income, i have custody of my children, there mom is a wack job, and my girlfriend of 9 yrs cant keep them because my mother will fight for them in court, so if i go to jail the family splits up, i will have to find a place my kids can go, my girlfriend with no income wont be able to make it on her own.
I am not on parole or probation no more
the requirments im talking about is reinstating my license, get one of those machines you have to blow in to get your car to start, and 25 dollars to get license back, i have no warrents, and i always go to court hearings, i havent got the citations yet they are coming in the mail then i have 10 days to plead.
My husband gotarrested for driving on a suspended license in gibson county tn. They had suspended his license due to no insurance a while back and we moved so we didn’t know (didn’t think to change address at dmv) He is on probation in a different county for something different. Would this violate his probation?
Christina,
I dont know. But yes. Probably. Get legal help.
Hello,
I’ve two DUI’s and a wet/reckless under my belt, my first DUI was in ’06 along with my w/r, I believe i got caught driving on suspended that year too. My 2nd DUI was in Dec ’10. Exactly 1 year later I got caught driving on suspended while on DUI probation. Judge ordered me to get an IID installed, so I did, and have had it since March 2012. My question is, because the judge didn’t tell me, how long must have this thing in my car. I have my license but hate this thing. Thanks
Tim,
This is a good question. I have to guess, but based on my experience and what I see here I’d bet that you were ordered to install the device as a TERM OF PROBATION. If that is true, I would guess you are required to have it for the duration of your probation. I could be wrong, but that is what I guess. Check your paperwork listing your terms of probation. If you do not have that paperwork, you should go to the court in person right now and ask the criminal division court clerk for a copy of your terms of probation.
It is possible in CA to make a motion to modify the terms of probation, or too end probation early. But it looks like you have a slightly imperfect probation history.
I have 2 DUIs on my record. I got 96 hours of jail time for my second DUI but my license is suspended for a year (until Dec 15th, 2012). I live in LA county and drive to OC for work. I’ve changed the registration of the vehicle to my father’s name to avoid coming up in plate scans. I’m also driving very carefully to avoid being pulled over. I know I shouldn’t be driving and there’s no excuse, but frankly, it is a matter of keeping or losing my job. I’ve paid, in full, my alcohol classes (18 months) and the court fines. What will happen if I get stopped for 14601.2?
John,
Finally, someone asks me to use my psychic powers! Actually, I dont have any. But I can make an educated guess based upon imaginary facts. Here is my vision of what will happen to you one morning:
1) government will take the car;
2) police officer wearing a loaded gun will handcuff you at the side of the road;
3) you will be transported to jail, and booked for a new criminal case;
4) then they will release you with a date for arraignment on the new case (hopefully b4 the group strip search);
5) once the court where your probation is pending hears of the new crime, they will revoke your probation; issue an arrest warrant, start a new probation violation case in addition to your 14601.2 case; and then
6) the court will prepare to re-sentence you on the original DUI based upon the new fact that you failed to comply with the court’s probation orders.
Then, you will email me and ask what is going to happen and how much will I charge to defend you. I will tell you that you are probably going to jail for 30 days for the DUI, and then at least 10 days for the vc 14601.2. I will tell you that you have no defense at all, and nothing but bad facts.
I will tell you that I need $4,000 in cash to represent you. I will tell you that I will do my best to get the judge to reinstate your probation. You will tell me that you do not have the money because you lost your job after the new arrest because you did not make it to work, and because a co-worker took a picture of you handcuffed on the side of the road that was shared on facebook.
You will end up going to court alone, asking for a public defender, and not sure what is going to happen.
So based on all of that, I recommend that you carry a tooth brush with you and write down your important phone numbers on the back of your hand. With a Sharpie.
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Here’s a better idea. I’ll pay someone to drive me. Thank you, very educational.
i i live in orange county ca and got 3 dui’s last convicted date was jan 2012 .i have a suspended license and this sat i went to pick up my car from a parking meter my girlfriend had left my car there.i got pulled over and was ticketed my court date is in july 2012 .i get a restricted license july 11 2012 they didnt tow my car but at court are they going to take my car for 30 days? and am i looking at for sure jail time?also do you know of a good orange county attorney and should i plead not guilty to delay time even though i was guilty?
Kristen,
You probably have 2 problems: 1) a criminal case with a charge of a violation of vehicle code 14601.2 (driving on a suspended drivers license that was suspended due to an alcohol offense); and 2) a probation violation and revocation.
The 14601.2 charge carries a minimum jail sentence if that is what you are charged with.
If you were on probation, and the court finds out about it, you will probably also have a separate case where the judge can resentence you on the original (3rd) dui. Assuming you are currently on probation. Or were on probation until the day this happened.
Of course – it does not matter WHY you were driving. It does not matter how long you drove for. Bottom line: you caught a new criminal case while on probation.
Hopefully you were not on probation. But since you cannot drive while in jail, I assume you probably had probation.
Some times through a plea agreement in these cases, probation can be reinstated and maybe the charges reduced to something less serious like. . . . like . . . public urination or. . . .littering……just kidding. That’s not going to happen. But a charge if Vehicle Code section 14601.5 is often substituted for 14601.2 in court. And that is usually good for a defendant because it has no minimum jail sentence.
How do you get a favorable plea agreement? Well, you need an attorney to discuss the case with the prosecutor and to negotiate an agreement based upon your guilty plea, avoided wasted time and resources, the facts,
I strongly recommend that you get a FREE ATTORNEY CASE REVIEW from out local Orange County Sponsor Attorney Mark Gallagher. He is very good with these cases. He knows that court(s) and knows what has to be done to get the best possible result under the circumstances. And he is friendly and easy to hire. I will ask him to watch for your email and to give you a free case review and quote for the work to resolve your case(s) correctly. He can be reached at AttorneyGallagher[at]gmail.com.
You might have to do jail time. But good legal help can make a big difference. Do not just walk in and plead guilty without talking to an attorney. Ask the court for more time if you need it to get the money together to hire an attorney.
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Hello and thank you for all the free legal advice you’ve given out. I received a DUI conviction 09/10 in Tulare County. I served my (very brief) time, completed the DUI program, completed the IID restriction, and am just about finished paying off my fines. I’m curious about the expungement process: is it necessary to have a specific reason (ie, employment) in order for the court to grant an expungement and terminate probation early? I made a mistake and have done my best to make amends with society, and I’d really like to clear my record. My concern is that reason alone wouldn’t be enough for the judge. I’m hoping to buy my first home soon, and I’ve heard rumors on the Internet that banks won’t give good rates to DUI offenders because they represent a risk. Also, should I hire an attorney to guide me through this process? Thanks agAin for any help you might provide.
Hello,
My best friend recently got his 1st DUI (8/2011). He did not have a drivers license due to the fact that he is an immigrant from South Korea. He got pulled over yesterday by CHP because he was driving too close to a vehicle at 78mph (speed limit is 65). He was coming home from work. He does not have a drivers license, he never has. He has court in July.
What’s going to happen to him? What are the likely consequences?
They already impounded his car and has a suspended license due to the DUI. (even though he never had one).
hi i live in orange county ca and got 3 dui’s last convicted date was jan 2012 .i have a suspended license and this sat i went to pick up my car from a parking meter my girlfriend had left my car there.i got pulled over and was ticketed my court date is in july 2012 .can i get a restricted license after 6 months and am i going to get my car towed for 30days? and am i looking at for sure jail time?also do you know of a good orange county attorney and should i plead not guilty to delay time even though i was guilty?
Kristen,
It doesnt look good. You need help to MINIMIZE your jail exposure.
I recommend that you contact our local Orange County Sponsor Attorney Mark Gallagher. He knows how to get a good result in these cases, and knows the court well. He can be reached at attorneygallagher(at)gmail.com. I will ask him to give you a free review and quote.
3 DUIs? And you were on probation?
A driving on a suspended drivers license that was suspended as a result of a DUI conviction is usually charged as a violation of Vehicle Code 14601.2. That statute carries a minimum jail sentence.
And, on top of that, it is probably a probation violation that can result in a revocation of probation.
Yes, the law says the car is gone for 30 days.
A VC14601.2 conviction brings 2 negligent driver points on your DMV driver history report (same number of points as a DUI conviction).
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I got convicted for a DUI back in november 27. i am now 19. got charged with a driving on a suspended 1st offense. the cop had no right to ask for my license and reg. i didn’t violate any traffic violations. my main goal is to not get my license suspended for another 6 months i already have my license suspended for a year. is it possible if convicted for driving on a suspended that a lawyer can work out a deal with were my license wont get a additional 6 months ?
Miguel,
You did not include enough detail to get a detailed answer. Like what statute were you charged with? Are you facing a probation violation also? Were you on probation?
BUt even without knowing that, I can try to answer.
Yes, it is possible.
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Wat if you are caught drinkin and driving after u already had a dui and failed to go to the first dui classes and I am under age and this will b my second dui
Anyone else want to take this one?
Maybe if I re write the question it will answer itself:
What happens if a juvenile with a prior DUI conviction and active probation violation warrant catches a second DUI case?
Jose,
I wish I had better news. I dont want to help you. You need some bad consequences to (hopefully) wake u up. I hope you are not one of those lost souls who never learns.
i have been charged with a California Vehicle Code 14601.5 (a) vc on March 2012, because i had received a CAlifornia Vehicle Code VC 23156: Having a BAC while under 21 back in July 2011. No one ever sent anything to me in the mail about my license being suspended after I had paid my court fees for the original VC 23156 back in July 2011. So my question is, will i be able to avoid the 10 day minimum jail sentence if I can show the judge that i was never notified about a suspended license?
I know it should have been common sense to correlate that my license being suspended after July of 2011, but i never got anything in the mail or have my license taken.
Other extra details:
My license was NEVER taken away during this whole time period. I still have it on me actually.
Back in July of 2011, i was pulled over for having a broken headlight, then further breathalized after seeing the intoxicated passengers in my car. Blew a .01 at 18 years old.
Now in March of 2012, I was pulled over for having no plates on my friends newly purchased car, and after giving the officer my ID he informed me that i was on a suspended license.
STILL DID NOT TAKE LICENSE AWAY.
So any arguement i can give to make the minimum 10 days sentence go away?
Ryan,
Sounds like you might have a triable issue. That means a defense issue for a jury to decide. Because a 14601.5 is a misdemeanor, you have the right to a jury trial. And the prosecutor need 12 people to agree to convict. But you only need 1 crazy person to vote for you and you stop the prosecution.
The bad news is that you probably dont know how to do a trial. And it would be a bad idea to represent yourself anytime you have a defense but jail time is on the line.
You are not going to get the opportunity to just say something to try to convince the judge that you have a defense. That part only comes after you plead not guilty and get a trial date.
So I would say you need to get an attorney to defend you – especially if you have a defense.
No notice of a drivers license suspension is in fact a great defense. But the way these cases are often proved up in a trial by the government is that the DMV has an actual record of mailing out a certified notice to you of the suspension. They mail it to your last known address ( you are required by law to keep DMV notified of your current address), and once it is mailed – the law says that there is a Presumption that you knew of the suspension, even if you did not actually get it.
A defense attorney in a case like this will often use the defense as a way to talk the prosecutor into reducing the charge to something less serious like a VC12500a or such. Something without 2 points and mandatory jail time.
But the prosecutor will not talk to a defendant who represents themselves. It’s a rule to prevent the prosecutors from manipulating you.
Remember: Prosecutors are paid by the government to convict people. Their bosses track their conviction rates. They are not paid to help defendants.
In summary, my best free advice: Get an attorney to defend you.
On a case like this, if you hire a private attorney, that attorney can go to court for you and take care of just about all of the case, while you stay home or go to work or school.
Alright thanks for the fast response!
But back to the issue, during my first run in with law on July of 2011 with the CAlifornia Vehicle Code VC 23156: Having a BAC while under 21, after I went to court and pleaded guilty, I was handed a paper by the judge that I needed to go to the DMV and show them this paper. I never did that.
By not doing that, Im going to assume that is why the DMV never sent me a notice of suspension on my license. Is this correct?
By not showing the DMV this paper, would that ruin my chances at having success with a defense attorney?
Not to sound rude, because I am truly greatful for your information on this topic, but can you reply ASAP, because my notice to appeal in court is this upcoming tuesday morning the 20th of March.
Hi
I got a DUI last yr suspended license a d 17 mnths probation and I am almost done with it. my question is I live in Ct and I got stopped for headlight failure. I got stuck in a bad situation and I had to drive myself home my driver got drunk and didn’t want to drive me home so she left me and took off with some guy she met
I wast drinking or speeding but I got caught getting myself home
Got a court date next week
What’s gonna happen to me? I’m in AA and I’m doing all of my probation requirement which is 100 hrs.
I’m a mother of a 6 yr old I’m her primare care taker
Will the court take me away from her.. Can I get around the jail time?
Best way to delay? Thank you do much.
Thank you. If I go to court Tuesday as a walk-in, it’s a small court by the way, can I plead not guilty to post pone it and get a public defender? Yes I am on probation for 3 years. Sorry If i ask too much. Like that I can post-pone it till I’m back or get my restricted DL my probation officer said to complete my DUI course whenever because of my training interference. Thank you so much. You have made me realize what I’m facing.
Hello Christopher,
My case is a little different I think. I received a ticket for driving with a suspended license due to a DUI. I got pulled over by an officer that knows me who I am and does not like me. At the time I was going through a divorce and that officer was my wife’s best friends boyfriend. I was coming from school and he saw me driving. He immediately did a u-turn and pulled me over. I know he did it on purpose because he had no reason to pull me over and I asked him why? He said because he knew I had a disowned DL but this was after he checked the system. I reported him and files a complaint to internal affairs and they ended up suspending him.
Also a big factor here I already received orders to deploy to Afghanistan. I am in the U.S. Army. I faxed him to the judge and all they did was move my court date another month and my orders are dated for 10 months. I am currently on leave and don’t know if I should do a walk-in at court and just get it over with. I also have a valid WA State DL. I really appreciate I’f you can help this soldier out. Count of kern in CA. Thank you.
P.S. in my situation what is the best thing to do and what am I facing? Thanks again.
Luis,
Well, I am not sure if you have any defense at all. Did you have a valid drivers license or not? No? Sound like you might be completely guilty. Were you driving? Yes? Did you have a valid drivers license at the time of driving? No? Hum . . . .
There is a possible issue of an illegal detention. In order for the stop of a vehicle to be legal (ok – here I am going from pure memory so if you are a public defender out there thinking I go the words wrong, I am sorry, write a comment and give us the exact citations):
An officer must have a reasonable suspicion based upon articuable facts that would lead a reasonable officer in teh same or similar circumstance to believe that: 1) a crime or violation of the vehicle code had occurred in their presence; and that 2) the driver of the vehicle was responsible.
So think about it this way: 1) dude sees you; 2) dude knows you are committing a crime; 3) dude checks his gun and finds out he is on duty; 4) dude stops you because you are breaking the law.
If there were facts here to justify a motion to supress evidence (your drivers license status) based upon an illegal detention, the correct avenue for challenging that illegal stop would be a motion under Penal Code section 1538.5. And that is not something you can do from Afghanistan yourself.
Oh, by the way, did I mention that it does not matter at all if the cop likes you or not. Do you think the cops in LA like the gang members they arrest day, after day after day? Of ocurse not, they think they are all dirt bags that belong in jail. But “the cop thinks I am a dirt bag” is not a good defense if the cop saw you committing a crime.
What should you do?
Best Option: Hire an attorney like our local sponsor for Kern (Mark Gallagher Attorneygallagher(at)gmail.com) to take care of the whole case for you.
Wait!! Schitt. I forgot to mention usually when there is a VC 14601.2 charge, you also get a probation violation, and a probation revocation because you WERE PROBABLY ON PROBATION AT THE SAME TIME, right? How did I know that? Am I wrong, or did you just leave that part out?
If you have a probation problem here also, you really need to hire an attorney. They may not let you go anyway. Jail time trumps military service.
Second best option:
Immediately send the court written notice of your deployment dates. Get proof you sent it. Send 2 copies, as k the court to file stamp 1 and mail it back to you so that you have proof of filing. Then, show up to everything you can while in the US, and ask for a public defender. No, that wont work. If you have income, they are not going to give you a public defender. Maybe. Ask anyway.
If it were my case, I would probably delay until: 1) you get back and 2) until you have a valid drivers license.
If we can get you a valid drivers license before the judge forces a trial, you might be able to get a reduction in the charges and keep probation alive. Maybe. 14601.5 as a replacement for vc 14601.1 is a decent choice, 12500(a) better, 12500(a) as an infraction best reduction – many courts will do it even though the Vehicle code says `12500a is a misdemeanor only.
OK – that is all the free info for today.
Hi ok i got a dui 2 days ago i have a visa and i dont have a drivers license what will happen if i keep driving and i get caught they can take me to jail??
Carlos,
If you drive without a valid drivers license, you are committing a crime for which the maximum penalty is 1 yr in county jail. If you are driving while your driving privilege is suspended due to a DUI arrest, you are committing a crime that probably has a 10 day minimum jail sentence (1 year max).
And, aside from all of that, the government is going to take the car(s) away.
Hello Christopher and good day,
I am in need of your opinion regarding my own personal incident. I got pulled over and given a ticket for a 14601.2. I was not arrested nor was my car impounded. I have been on parole before which I have discharged for a felony d.u.i. Since i was involved in an accident the d.u.i. Was charged as a felony. I know you mentioned that the judge wont care about my personal situation, but I do have a full time job and a full time college student. The reason I mention this is because I have heard of work furlough and would this be a viable option for me? I am due to get my drivers license back in the end of april and my court appearance is on the 6th of january. Can i delay that long in order to get the charge reduced to a 14601.5?I was given the ticket for the 14601.2 in los angeles. Also I must add as part of my plea bargain I had several driving on a suspended license dismissed, how will that effect my case? Any advice would be greatly appreciated.
Thank you,
Mauricio
Mauricio,
Good question, but I cannot really predict what is going to happen to you in court.
I can say this:
1) if you were on parole at the time of the 14601.2 citation, it is probably going to be revoked at your first court appearance (unless the DUI that led to parole it was in some other county where they never find out). This is because a violation of 14601.2 is a criminal offense, and committing crimes is always a parole/probation violation. Even a 14601.5 is a real crime.
So the real danger is not the 10 days of minimum jail time that the 14601.2 brings, it is the hammering you are (probably) going to get on the original DUI case.
Bottom line here, if you got charged with a new crime while on felony DUI parole, you are in a chit load of trouble and might be going to prison. Prison is different than jail.
You need to hire an attorney. You cannot expect a good result if you do not hire a quality attorney.
Can you delay the case until you are eligible for a drivers license? Probably, but you might be waiting in custody.
Any time you are looking at the possibility of prison and a mandatory jail term (as we have here), you need professional legal help.
I recommend you contact our local LA Attorney Sponsor, Mark Gallagher. He is very good with these cases and very friendly. He can be contacted at attorneygallagher(at)gmail.com. I will ask him to contact you if he can help.
(And just as a side note, for the readers, I have to point out a felony DUI normally only results from an accident with injuries – not just a plain DUI- or plain DUI with a tiny collision – so this is a lot more complicated case than a typical 1st offense DUI)
Hi Christopher
My husband was taken in to custody yesterday for failure to appear in Ventura County and we live in Pasadena Ca. He has a 5000 bail amont and they told me that they will transfer him. He failed to appear for a speeding ticket but he has 3 pior duis and is on probation. His last dui was about 3-4 years ago. I would really appreciate if you could let me know what he is facing. Thank you
Ana,
Well, I can assure this is not a FTA on a speeding ticket problem. Sounds more like a probation violation you ran out of chances and now in jail problem.
Obviously, if a person waits until they get arrest to deal with an outstanding warrant or probation problem, the chances of a no jail result are zero. The real question is how long, how many times, and when.
Your husband is not capable of handling this on his own. He should (or you should) hire a defense attorney to sort out the problem. I suspect it is complicated here, and may involve more than one case.
You should contact our local los angeles county sponsor attorney, Mr. Mark Gallagher. He is very good with these cases. He can be reached at attorneygallagher@gmail.com. I will ask him to contact you to provide a quote if he can help.
I wish I had better news for you.
You may be able to get him out right away by posting bail, but in the long run it may not be a good investment. You need to talk to an attorney who can look up the case and discuss the details with you and the cost for help.
If he does not have access to the resources to hire a private attorney, once in court he can ask the judge to appoint a public defender.
He will probably get out quick, but then have pending court dates for sentencing on the problem. But I cannot say for sure on these limited facts.
I had a DUI with injury about a year ago. I did five days in jail. I got caught driving under suspension from my DUI. I was following to closely to another vehicle. My public defender said probation was likley. What’s your opinion? This is in West Virginia, kanawha county. Thank you.
Josh,
I cannot say for sure of course. But in my never ending quest to provide useful information, I can say this:
There are a lot of judges out there who have been affected by a DUI driver injuring someone they know. And judges hate it when defendants fail to obey probation orders.
If you run into one of those judges in a county where they have room in the jails, you might want to pack your toothbrush.
What if you are on parole and you had a dui 9 years ago and you get stopped by the police and they release you after 7 hours, but the report comes back your level was over 0.8 and also you are on parole and are not allowed to drink on parole in the city of Chino California, and now the person is waiting to go to the parolee board. How much time will they be sentence and also does the new law count that started on October 1, 2011? Thank you for your answer in advance!
Karen,
I can not answer your question, because as happens so often here, you left out the most important detail.
On Parole? Parole for what? Child Molestation? Attempted murder? Theft? human smuggling? Selling crack to a minor?
(Remember – parole and probation are not the same thing at all. Parole violation = prison; Probation violation = county jail. Jail and prison are not the same thing).
The answer to your question depends 100% on the original conviction, and how much time in prison the person did before the violation.
And even if I had that key detail – there is no way I can tell you how pissed off the parole board is going to be.
Hello Christopher. I received a second DUI earlier this year (arrest in Mar, conviction in July). This DUI was handled in the San Mateo County courts. In Sept I was arrested for driving on a suspended license VC 14601.2 (a) in Santa Clara County. The entire ordeal so far, the fines, the loss of car, the work release is a pain and has a huge impact on my life. Money is tight with all of the fines and fees for the second DUI. My concern with the VC 14601.2 (a) is the jail time. I cannot afford to miss work for an extended period. Can you give me an idea of the sentence I will receive if I hire an attorney versus using a Public Defender? What will the sentence be if I show up without an attorney and plead guilty at the first court date? I have heard SC County can be strict for this offense? Appreciate your response
Trent,
Great question, lots of details. I’ll give you a free detailed answer. I have handled lots of 14601.2 cases in Santa Clara County Superior Court (Both Palo Alto and San Jose). (and even Morgan Hill)
I have zero good news for you. So I will start with the bad news. Please do not hate the messenger.
1. If you have a job, it is very unlikely the judge will appoint a public defender to your case (it’s possible, but not likely);
2. There is a statutory required minimum of 10 actual days in county jail for a violation of 14601.2. Max penalty is 1 year. Some judges will give everyone 30 days.
3. The judge is going to know you were on probation, and that you violated your probation;
4. If San Mateo County finds out about the case, you will be facing a separate probation violation case in that county as well. Jail time there possible.
5. the judge is not going to care if you cannot miss work, where you work, or the impact on your life.
How to handle the case?
If this were my case, I would say try to get a valid drivers license immediately if possible (even if it is restricted). But I guess you probably already tried.
I’d be trying to talk the prosecutor into a substituted charge of Veh. Code 14501.5 (which is a common plea that does not require jail time). But there is no rule that says they have to do anything to help (they being the prosecutors).
Getting a 14601.5 is easier if you have a valid drivers license to show in court.
You may want to get the case over with quickly, so that the other court has less time to figure it all out. Maybe you can sneak thru without a probation violation case also.
If you hire a private attorney, you probably do not have to go to court at all. An Attorney can get you a surrender date sometime in the future so that you can get ready for the jail.
How much would I charge to represent you on the case, do my best to keep you out of jail and go to court for you while you go on with your life? Well, if you hired me today $1500. I make it easy for you to hire me if you want to. If this were in a horrible court like Oakland, Fresno, Solano, San Stockton, I’d charge double that. Placer or ventura county? Santa Cruz or Monterey? Napa, Sonoma, El Dorado? 1200. I take paypal payments, credit and debit cards on line. No office visit necessary, almost no paper.
PS – I forgot to mention we would also consider the possibility that you were stopped illegally and have a defense as a result. I assume for this answer that you were stopped legally.
Hi Christopher…. I have a friend whose daughter is in Jail and has been in jail for 8 month for a warrant, for not going to court for her 5th dui. she apparently had no drivers license, she is driving a car that is not registered and not insured. She lives in California, and according to her Mother she was given a drivers license so they could revoke it. She is getting out of Jail and moving in with her mother, and bringing her car up here as well, although it is not registered to her and not insured. My friend told me when I talked with her that, it is only a misdemeanor, if she is caught driving now. (this is what her lawyer said… ) Any way here is my Question : what will happen to her if she is caught driving a car with revoked license and a felony for DUI (5) of them.. and is on probation, and the car not registered and insured?
I am so worried that her daughter will end up in prison out of their lack of information, we live in a town with a reputation for traffic police enforcement… just want to give her the truth, because it just doesn’t seem right what she is saying..
Diana, like so many people, you did not tell me where this problem is, so I cannot give details.
I can say this: If she has a valid drivers license and insurance, and drivers a registered car, it’s legal for her to drive.
But if her drivers license is revoked, she cannot drive at all. Not even to the store to buy cigarettes, not even to pick up a kid at day car, and not even to the pharmacy to pick up meds. Nothing, notta, none, zero driving.
Anyone driving with a suspended drivers license or revoked drivers license risks an instant free trip to jail and loss of a vehicle.
If a person is on parole or probation and gets arrested for driving with a revoked drivers license, he/she will face the new charges, and probation/parole violations (possibly revocation) that can lead to time in a cage separately from the new charge.
So, bottom line: I would never drive without a valid drivers license and valid proof of insurance in my pocket.
And my personal feelings (which have no business being here – but I have no boss so I dont care): A person w/ 5 DUI convictions should be done driving for good. Done forever. hire a driver, buy a bike, or get a sk8 board. But it’s over. Society does not want you driving any more.
We used to have a saying at the public defenders office in Santa Cruz – “If you have a client charged with 4 DUIs, they are drinking and driving every night.”
hello i got a dui like 2 month ago and i just got caught driving with a suspended lisece from the dui what do you think is going to happen to me
Hi , my name is Memi im 24 attending college with 1 daughter and from Pennsylvania. About 2 yrs.ago i got a DUI before i received it i was suspended for not paying a noise ordinance fine, and was not eligible for the ARD program i completed all the others all other requirements. But i end up continuing to drive while suspended now i have acquired 2 driving under suspension charges on top of the DUI i can’t get taken off my record ,i went to court a received house arrest for both new charges (60days) i just got off house arrest and now i owe more fines i don’t have any money for these fines and did not have a job before i got on house arrest i know i need to make the payments but i just don’t have the money. How do i get them to work with me ? I have no other chargers except the DUI and the 2 driving under suspension. Do you think their is some type of community service i can do? Or how do i go about obtaining more information about alternative methods of payment?
im sorry well a few years back i had gotten a DUI i was caught up in a checkpoint i had to complete the following do a evaluation complete safe driving school classes pay my fines and court cost complete community service and i got probation for a year probation was the automated machine that you have to call in once a month so i completed my community service and i finished my probation but due to a lack of funds i couldnt pay my fines and court cost or pay for my classes but not doing that only stopped me from getting my license back but i drove anyway and was pulled over so i had to appear in court for driving on a suspended license i plead not guilty to have a court date set up in that time i paid my fines and court cost and completed my safe driving class to get my license so that when i go to court i can show them i have my license back what are my chances of doing jail time again thank you for even listening and responding
Edwin, I cannot tell you what is going to happen. But I can say this – usually when a DUI offender who is on probation fails to pay a fine – the court will REVOKE PROBATION.
I cannot tell if this happened to you.
If you were on probation at the time of your detention/arrest for driving on a suspended drivers license, you may have violated the probation.
If that happens, (when that happens), the court is free to impose a jail sentence on the original DUI Case.
And that is separate from the driving on a suspended license case, which may bring jail time on its own.
But I cannot tell what is going on in your case or in your state. Get an Attorney. Request a free case review from us. Or, if you are unemployed and broke, ask the judge to appoint a public defender.
Anytime there is a possibility of jail, you need an attorney.
hello i also would like to thank you for putting info up that is actually helpful im in the east in lansdale PA i had one DUI and i drove without a license i as pulled over i wasnt knowingly breaking the law i didnt have my headlights on i didnt know i was not drinking i was not arrested i plead not guilty i know i was wrong just wanted to plead my case when i as pulled over i was not on probation i completed it months ago as far as the legal aspect i go into court with my evaluation complete my safe driving classes complete my community service complete i paid my fines and court cost in full and have my license back i know its a different area but in your proffesional opinion what do you think the outcome will be i wasnt able to afford a attorney so im going with what i have just told you please get back to me thank you
Edwin, truthfully, I cannot understand your question. I cant even tell what charges you are facing.
What if a person is caught driving after 3 DUIs? Also the registration was expired. What kind of sentence is imposed? Does the court take into account that the person is finally back on tract with work, child support, etc.? Can they possibly get community service or house arrest?
DeeAnn,
Well, the question is a bit vague. And there is a big difference for persons who are on probation, which this person probably is. I can tell its not you. Probably your exhusband? This person, without question, needs a quality defense Attorney. Now. 3 DUIs, with a probation violation can bring a lot of jail time. 4th DUI brings prison time. And judges secretly say that if a person gets 3 duis, they are probably driving drunk every night. And you know what that means to a judge with kids?
In reality, no it does not matter how on track the person thinks their life is (work, child support, etc.) in terms of guilt or innocence. It may matter in the final sentence a little. But the judge is going to think this person’s life is a train wreck, and the original penalties are not having their desired effect. And that is bad.
If this is a CA case, send me the details to cdort(at)dortlaw.com and I will try to provide more details and a quote for my work.
I would need to know was it an arrest for a 3rd dui, or an arrest for driving on a suspended drivers license (VC14601.2) after 3 dui convictions and on probation? Etc. When is the first court date? Any other criminal history?, Etc.
JT, thank you for the comment. Unfortunately, I have no idea what court, county or state you have a problem in. But I will tell you this – I have handled hundreds of DUI probation violation cases. Almost none of my DUI warrant clients end up doing jail time. A few do – but its rare! I wish you luck, hope the article helps.
thank u for giving me all that information.the fact the u gave me the possible good & bad outcome/possibility w/out trying to sell me on anything is what i liked the most out of it.it looks like i do need a lawyer & asap so if u are able to i’d like to have u as mine.i just hope i can afford it but i’m sure money can be worked out so i’ll worry about it when the time comes.please let me know if u can help me out w/my case,(dui & a driving on suspended license but w/some very different outcomes fr that of what u mentioned.believe me,u just might be surprised)which i will explain to u more if u are available.if u are not able to take my case,plz feel free to let me know of anybody that is