San Francisco Driving While Suspended or Revoked Defense Attorneys

We Help People Accused of Driving While Suspended or Revoked in San Francisco and the Surrounding Areas

Driving on a suspended or revoked license – or driving without a license altogether – can bring about serious consequences in the State of California. If you have been charged with one of these offenses, you should contact the experienced San Francisco criminal defense lawyers at The Law Offices of David S. Chesley. Our legal team can explain all of your legal options to you and work towards obtaining a favorable result in your case. To schedule a free case evaluation with one of our attorneys, call our office today or contact us online.

Basis for Charge

In order for the State of California to charge you with driving on a suspended or revoked license, the prosecutor must be able to show that you operated a motor vehicle during a time when your license was, in fact, suspended or revoked. Moreover, the prosecutor must demonstrate that at the time, you were aware of the fact that your driving privileges in California were revoked or suspended.

In many cases, the first element of this crime is very easy for the prosecutor to prove. In other words, your driver’s license was either suspended/revoked, or it was not. The more difficult element for the prosecutor to demonstrate is that you knew of the driver’s license revocation or suspension. Under the law, it is presumed that you knew of your driver’s license revocation or suspension if all of the following facts are true:

• The California Department of Motor Vehicles (DMV) sent you a notice informing you that your driver’s license was revoked or suspended.
• The DMV notice was mailed to the most recent address that you reported to the DMV (or to any address that was more recent which you reported to a law enforcement agency or a court).
• The DMV notice was not sent back to the DMV as unclaimed or undeliverable.

Moreover, there is a presumption that you knew that your driving privileges were revoked or suspended under the following circumstances:

• You were served with the notice of revocation or suspension by a police officer during a DUI arrest (after which your license may have been taken away from you).
• A criminal court judge notified you of the revocation or suspension at the time he or she imposed a sentence.

Since these are just presumptions, there may not be any conclusive proof that you actually violated the law. The San Francisco criminal defense attorneys at The Law Offices of David S. Chesley may be able to help you challenge one of these presumptions to increase the likelihood of a dismissal in your case.

A person may also be charged if he or she operates a motor vehicle while knowing that his or her license was suspended or revoked for any of the following reasons:

• Operating a motor vehicle in a reckless manner
• Operating a motor vehicle while under the illegal influence of drugs or alcohol
• Operating a motor vehicle with a mental or physical condition which prevents the driver from operating the vehicle in a safe and careful manner
• Being deemed an incompetent or negligent motor vehicle driver
• A conviction for driving under the influence (DUI)
• Being a habitual traffic offender (i.e., accumulating driving infractions during the time period when a person’s driving privileges are revoked or suspended)
• Refusing to take a chemical test (i.e., a breath, blood, or urine test) following an arrest for a DUI

Consequences of a Conviction for Driving on a Suspended or Revoked License

In every case, driving on a suspended license in the State of California is a misdemeanor. In most cases, the potential penalties upon conviction include payment of a monetary fine, incarceration in county jail, or both.

The penalties imposed by a sentencing judge are often dependent upon a variety of factors. Those factors include the reason why the defendant’s driver’s license was suspended in the first place, the defendant’s driving record (including convictions which the defendant driver caught outside the State of California for driving offenses), and whether or not the defendant received a prior criminal conviction for driving on a suspended or revoked license.

If the defendant’s driver’s license was suspended or revoked for a specific offense, such as reckless driving, negligent driving, physical mental/condition, or alcohol/drug addiction, the defendant may be sentenced to anywhere from five days up to six months in the county jail. The defendant may also incur a fine ranging from $300 up to $1,000.

If the defendant driver’s license had been suspended or revoked for some general reason which is not enumerated in the California Penal code or other statute, the defendant may receive a maximum of six months in jail and/or a fine ranging from $300 to $1,000. If the defendant’s driver’s license was suspended or revoked for a DUI offense, he or she may be incarcerated from ten days up to six months in jail and may receive a fine of between $300 and $1,000.

If the defendant driver is deemed a habitual traffic offender during the time that his or her license was revoked or suspended, the defendant may be incarcerated for 30 days and receive a $1,000 fine. Finally, if the defendant driver’s license was suspended for failing or refusing to take a chemical test (i.e., related to a DUI offense), the defendant may be sentenced to a maximum of six months’ incarceration and a fine ranging from $300 up to $1,000.

In addition to these potential penalties, the defendant driver may also be required to install an ignition interlock device on his or her vehicle. This device will not allow the driver to start the car until after he or she provides a clean breath sample. 
Some prosecutors are willing to work with defendants on reducing these driving on suspended/revoked license charges down to lesser offenses. These lesser offenses may include driving without a valid license, or civil infractions, such as moving violations. The California experienced criminal defense attorneys at The Law Offices of David S. Chesley may be able to help you reach a favorable plea deal or charge reduction with the prosecuting attorney in your case.

Defenses to a Driving on Suspended/Revoked License Charge

If you have been charged with driving on a suspended/revoked license in California, you may be able to raise the following defenses:

• Lack of knowledge
• Driver’s license was merely “restricted,” rather than suspended or revoked
• Driver’s license suspension/revocation was invalid

Driving without a License

Driving without a driver’s license is a less-serious offense than driving on a suspended or revoked license. In order to be charged, the driver need only be caught operating a motor vehicle without a valid California driver’s license. It does not matter if the driver knew he or she did not have a license, nor does it matter why the driver was without a license. A prosecutor may charge driving without a license as either a misdemeanor or as an infraction.

Call Us Today to Speak with a San Francisco Criminal Defense Attorney about You Case

If you have been charged with driving on a suspended/revoked license – or driving without a license in California – the legal team at The Law Offices of David S. Chesley may be able to help. To schedule a free consultation and case evaluation with a criminal defense lawyer in San Francisco, please call us today at 1-800-755-5174, or contact us online.