Legal Question in Traffic Law in California

I am going to court for driving on a suspended license two times. I would like to know is will go to jail

Asked on 6/15/16, 3:21 pm

1 Answer from Attorneys

Joe Dane Law Office of Joe Dane

Two answers: Maybe and it depends.

First - what specific code section are you facing? There are several different code sections for driving on a suspended license. Vehicle Code 14601 has many subsections that follow and which one you face depends on why your license was suspended in the first place. If you're looking at violations of 14601, 14601.1 or 14601.5, those carry potential jail time and fines. Those suspensions occur from things like failing to pay fines on a prior traffic ticket, failing to appear in court, having an excessive blood alcohol (but NOT a DUI conviction).

If you're looking at a violation of 14601.2 - that's because your license was suspended for a DUI conviction. That carries mandatory jail time and other consequences.

Even for the first group, jail is always a possibility. It's not mandatory, but possible. It will depend on the facts, your record (criminal record as well as driving history) and what your attorney can work out on your behalf. You're facing misdemeanor charges - you really should have an attorney. Start looking for a good local criminal defense attorney. If you hire one, they can appear on your behalf. If you cannot afford to hire one (and you'll never know if you can or not until you meet to discuss the case, fees and any payment options), then show up in court and request the public defender's services when you appear before the judge.

If you can get your license reinstated before court, that is probably the number one thing you can do to help yourself out in this situation.

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Answered on 6/15/16, 4:15 pm

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