California Driving On A Revoked License Attorneys
Driving on a Suspended License Defenses – California Vehicle Code Sections 14601
Did Not Drive
A basic defense to driving on a suspended license is that the defendant was not driving the motor vehicle. This may seem obvious but our attorneys will review every single fact in your case. With over 30 years of experience, out attorneys know that every single detail in your case can be critical and must be reviewed.
Lack of Awareness of the Suspension
To be convicted of driving with a suspended or revoked license, the prosecutor must prove that you knew your license was suspended or revoked at the time you drove the vehicle.
A presumption that you had knowledge is created when the prosecutor proves that you had received notice in the mail from the DMV, which was sent to your most recent address, and was not returned or deemed undeliverable. See California Vehicle Code Section 14601(a).
To defend against this presumption of knowledge requires showing that you, in fact, did not know that your license was suspended. This can be demonstrated by showing any defect in the process. It is conceivable that the DMV could have made a mistake in inputting the defendant’s address in their system, or that the DMV never actually mailed the notice. The DMV is a large and multi-faceted agency, which makes it susceptible to human error. It is important that you talk to an experienced attorney who has the knowledge and resources to investigate the facts of your case and effectively rebut the prosecution’s claims.
