Riverside Suspended License Attorney
A suspended driver’s license can lead to a range of issues. When a California resident loses the ability to drive, they may struggle with employment, family commitments, and access to health care. To keep up with their basic duties and obligations, a person may feel forced to drive with a suspended license, despite the potential penalties they might face.
While it is possible to have a suspended license reinstated after a hearing, these legal procedures can be challenging to navigate with any degree of efficiency. To approach these issues effectively, you will need to partner with an experienced criminal defense lawyer in California.
This article will explain everything you need to know about a suspended license in California, including the nature of license suspension hearings, the possible consequences of driving with a suspended license, and how a dedicated driver’s license suspension attorney can help.
Need help navigating your suspended license case? Our criminal defense attorneys can offer legal advice, help explore your eligibility for license reinstatement, and pursue mitigation of your penalties. Contact our law office online to get started.
What Happens at License Suspension Hearings?
The Department of Motor Vehicles (DMV) in California may carry out a legal hearing to make decisions about driver licensing. There are several potential outcomes of these hearings, including revocation or suspension.
DMV hearings are overseen by “hearing officers” rather than judges. These officers must carefully review the evidence and circumstances related to driving-related issues. You may face a suspended license for various violations. Common examples include:
- Driving under the influence (DUI) convictions
- Too many points on your driving record
- Alleged medical conditions that affect your driving ability
- Driving without valid insurance
- Failing to pay traffic tickets
- Three at-fault collisions as a minor
- Reckless driving
During a DMV hearing, you will have a chance to make arguments regarding your specific issue. Note that a suspended license attorney can represent you during the hearing and make these arguments on your behalf. You can present evidence during this process, and this might include police reports, witness statements, and character references. Note that although similar, DMV hearings and criminal trials are different legal procedures.
If your hearing goes well, you may have the ability to continue driving. An experienced suspended license attorney can present your case in a respectable, efficient manner, reducing the chances of suspension or revocation. They may also negotiate with the DMV for reduced penalties.
Fighting Class C and CDL (Commercial Driver’s License) Suspensions
Those who drive for a living have a much greater incentive to fight potential suspensions, as a license revocation or suspension also means a loss of access to income. This applies to truckers, taxi drivers, rideshare drivers, food delivery workers, postal workers, UPS workers, and any other worker who must be able to drive for a living.
These individuals typically have special Class C or Commercial Driver’s Licenses (CDLs). Commercial drivers face much higher standards compared to other motorists in California. They can only drive with a BAC level of 0.04, which is half the normal level of 0.08. In addition, they face the prospect of losing their license after just two serious traffic violations within three years. Even offenses that are totally unrelated to driving (such as failing to pay child support) can result in a CDL suspension, and some offenses can lead to a lifetime suspension of your CDL.
You may contest a CDL hearing within 10 days of receiving an Order of Suspension. After a successful hearing, you may have your CDL reinstated—usually after you have served the full period of suspension. Often, this is a mandatory minimum of 30 days. In addition, you may obtain a non-commercial driver’s license after a CDL suspension. Although this will not allow you to continue driving a commercial vehicle, it can help with daily needs.
How Can a Suspended License Attorney Help Me at the Hearing?
Although there is no requirement to obtain legal representation during a DMV hearing, a suspended license attorney can help in several ways. These legal professionals have extensive knowledge of the bureaucracy and processes that surround the DMV. These processes are needlessly complex, and they can be very difficult to understand without legal assistance.
Many suspended license attorneys also have experience with litigation. They can present oral arguments, question evidence laid against you, and present various documents during the hearing. In addition, these attorneys often have solid negotiating skills. With the right negotiation tactics, your attorney can work out a deal with the DMV that keeps you on the road.
Criminal Consequences for Driving on a Suspended License in California
VC 14601.1(a) states that you will face several consequences for driving on a suspended or revoked license in California. For a first offense, you could face jail time of up to six months and a fine of $300. For a second offense within five years, you face a mandatory minimum jail sentence of five days and a mandatory minimum fine of $500.
You can also face up to one year in jail and a fine of up to $2,000 for a second offense. Driving on a suspended license comes with serious risks. Instead of accepting these risks, a more logical course of action would be to pursue positive results during your DMV hearing.
Defending Against Driving on a Suspended License Charges
You are only guilty of driving on a suspended license if you did so knowingly. If you legitimately did not know about the suspension or revocation, the court cannot find you guilty. However, prosecutors can argue that your knowledge was “presumed” as long the DMV mailed you an official notice of your revocation. Note that under VC 14601.1(a), you do not need to receive this mail for the burden of proof to be satisfied.
Another valid defense involves driving vehicles on private property. Since you only need a valid license to drive on public roads, you may be perfectly justified in driving on a suspended license within the boundaries of your land. This also applies to your business or your employer’s premises. For example, your employer might task you with driving a truck on their farmland, and you could legally do so without a valid license.
Suspended License Attorney FAQs
License reinstatement depends on the reason for the underlying suspension. If the suspension is for a DUI arrest, then reinstatement is typically available unless the reason for the suspension was for refusing a chemical test. Hearings should always be requested within 10 days of a DUI arrest to avoid a license suspension.
Penalties include fines, extended suspension, mandatory ignition interlock device installation, probation, potential jail time, and increased insurance rates, with harsher consequences for DUI-related suspensions.
The DMV enforces rules, including mandatory compliance with suspension notices, restrictions on driving until reinstatement, and requirements for resolving suspension causes.
DUI suspensions involve mandatory enrollment in DUI programs, longer suspension periods, and stricter reinstatement requirements, whereas non-DUI suspensions may result from unpaid tickets or violations.
Legal consequences include misdemeanor charges, fines, potential jail time, probation, and further DMV penalties such as extended suspension or vehicle impoundment.
Yes. Failure to pay traffic tickets or resolve citations can lead the DMV to suspend your driving privileges until debts are cleared.
Yes. Violating probation conditions, including DUI-related probation, can trigger license suspension or extend existing suspension periods.
Avoid driving until reinstated, resolve any outstanding issues (such as tickets or DUI programs), and consult an attorney to ensure compliance with DMV requirements.
An attorney can navigate DMV processes, represent you in hearings, negotiate penalties, ensure proper documentation, and help avoid additional legal consequences.
Yes. Multiple offenses can result in higher fines, longer jail time, and extended suspension or revocation of driving privileges.
Yes. CDL holders face stricter regulations, longer suspensions, and potential federal consequences that can impact their employment.
The timeline varies based on suspension type, completion of required programs, payment of fines, and processing time at the DMV.
Yes. The DMV can suspend licenses for failure to pay court-ordered child support until payments are brought current.
An experienced attorney can help resolve the suspension efficiently, reduce penalties, represent you in DMV hearings, and prevent further legal or financial consequences.
Contact a Suspended License Attorney in California Today
If you’re facing license suspension in California, don’t give up—an experienced suspended license attorney in can help you maintain your driving privileges. Access to reliable transport is an essential part of life in California, whether you’re a single mom, a trucker, or an office worker.
With help from Gressley & Donaldson, you can navigate suspension hearings with efficiency and confidence. A qualified license suspension attorney from our law firm can also help you fight criminal charges if you were caught driving without a valid license. Book your consultation today to determine the most appropriate course of legal action.
