Driving without a license (VC 12500) and driving on a suspended license (VC 14601) are very common misdemeanors in Los Angeles and throughout Southern California.  Many LA residents are ineligible to get a license due to immigration status, while others have their privileges suspended due to (1) accumulation of points, (2) DUI, (3) medical reasons, (4) other convictions such as vandalism or, for drivers under 21, a long list of misdemeanor and infraction convictions that would lead to a year long license suspension (including: DUI, "Wet Reckless", Minor in Possession of Alcohol, Possession of a Fake ID, and more).

WHAT HAPPENS WHEN I'M PULLED OVER WITHOUT A VALID LICENSE?
When someone is pulled over without a license, or while their license is suspended, the officer may have a lot of discretion as to how to handle the situation.  Because it is a misdemeanor offense, you can be arrested for driving on a suspended license OR driving without a license.  The officer may also impound the car, and hold it for up to thirty days (during this time, you will be responsible for costs of impound, as well as towing and other fees).  Next, the police officer will likely submit the case to the local prosecuting agency for misdemeanors.  If the prosecutor wants to file the case as a misdemeanor, they can.  They may also reject the case, in which case, the citing officer will likely submit it to traffic court.  Whether the prosecuting attorney wishes to file the charges as misdemeanors may depend on several factors including: criminal and driving history of the driver (with special emphasis on past driving on a suspended, driving without a license), reason for the suspension, and more.

MANDATORY JAIL TIME
A first violation of VC 14601.1 does not have mandatory minimums for jail time.  If the offense is within 5 years of another driving on a suspended license offense, there may be mandatory minimum jail time of 5 days, 10 days, 30 days or even 180 days (for someone who has twice been convicted of being a habitual traffic offender).  As you can see, how much mandatory minimum jail time the statutes require depends mostly on whether the driver has prior convictions.  These are the cases that the prosecutor is more likely to file as misdemeanors.  In addition, the prosecutor can and often does seek a greater penalty (more than the required minimums).  If you have been arrested or cited for driving on a suspended, and have prior convictions within five or seven years, you need a skilled Los Angeles Criminal Defense Lawyer to keep you out of jail, or without a priorable conviction. 

VC 14601.2 - DRIVING WHILE PRIVILEGE SUSPENDED FOR DUI
Driving on a suspended license, if the suspension is for DUI can carry pretty serious consequences.  Not only is there a minimum of 10 days of jail, even if probation is granted on the offense, but there are high fines, the DMV will require an ignition interlock device, and it will also likely constitute a violation of DUI probation if the driver was convicted of DUI or had a reduction to "Wet Reckless."  If you or someone you know has been caught driving while suspended for DUI, contact an LA criminal defense lawyer to help you navigate these serious charges. 

HABITUAL TRAFFIC OFFENDER
Drivers who cannot or do not get a driver's license, and subsequently get multiple convictions for driving on a suspended license are at risk of spending significant time behind bars.  The courts recognize that driving without a valid license is not nearly the most severe offense, still it tends to really rub the court the wrong way.  Driving on a suspended license shows insubordination, even if necessary to just live your life and get to work in Los Angeles.

VC 12500 - DRIVING WITHOUT A LICENSE
Driving without a license is a little better in the eyes of the law than driving on a suspended license.  One is generally a violation of the law, whereas the other is more of a direct violation of a specific order.  Even drivers who have never obtained a license can be charged with driving on a suspended license, so long as their privilege has been suspended for some reason (points, DUI, warrants and more).

SUSPENSION DUE TO WARRANTS
A license suspension due to a traffic warrant for failure to pay a traffic ticket or failure to appear in traffic court can be a pretty easy fix for an attorney in LA.  Not only can clearing the warrant restore your privilege to help you avoid some of the charges discussed in this article, but getting your license back is an important step in securing a good outcome in your court case.  If you get your license, you might even get a dismissal in court.

GET YOUR LICENSE BACK
With the help of your lawyer and the DMV, you can see just what is holding up your license and devise a plan to get it reinstated as quickly as possible.  This may require trips to court, trips to the DMV, phone calls to the DMV and more.  Getting your license reinstated before a disposition in your court case can make a big difference in the outcome.  Particularly for offenders with priors, showing the court that compliance with the state's licensing laws has become a priority can go a long way in avoiding a jail sentence.

VAN NUYS DRIVING ON A SUSPENDED LICENSE LAWYER
In Van Nuys Courthouse, driving on a suspended license and driving without a license cases can be handled as infractions or as misdemeanors.  If it is a first offense, and not a driving on a suspended license due to DUI (VC 14601.2) charge, it will likely be heard in traffic court, in Dept. 102.  Unlike most traffic courts, there is usually an attorney from the City Attorney's Office in 102 for misdemeanor cases.  For drivers who have prior convictions, or who are on probation for DUI or other driving offenses will likely have their cases heard in a misdemeanor courtroom, where they may face a new misdemeanor charge, a probation violation, or both.  Whether your case is a misdemeanor or infraction, you will want the help of an experienced, skilled Los Angeles Criminal Defense Attorney who understands the law, how to get your your driver's license back, and how to deal with the LA City Attorney's Office and the judges and commissioners in Van Nuys.

USEFUL LINKS:
LA Superior Court
Department of Motor Vehicles
Studio City Criminal Defense Attorney

If you or someone you know is facing a driving without a license or driving on a suspended license charge, contact the Law Offices of Nicholas Loncar for a free consultation.  Our office has an excellent track record of helping clients, including first time offenders, avoid jail time on these types of cases.  Los Angeles Criminal Defense Attorney Nicholas Loncar can help.  Conveniently located on Ventura Boulevard in Studio City (1 block from Laurel Canyon).  Call now for a free consultation.  213-375-3775. 

Nicholas M. Loncar, Esq. 
Los Angeles Criminal Defense Attorney
t: 213-375-3775 | f: 213-375-3099
Mobile: 323-803-4352 
NL@iDefendLosAngeles.com
1200 Wilshire Blvd | Suite 406
Los Angeles, CA | 90017
www.iDefendLosAngeles.com