Jail is always a possibility on a suspended license case. Which court is your case out of?
Contributions on AVVO.com in no way create an attorney-client relationship nor are they intended to be relied upon as a course of action without having first consulted directly with an attorney, where the specific facts and circumstances of your case can be fully discussed.
you still need to contact an attorney directly to discuss this case. Second offenses are serious. many on this site including myself, offer free consultations. Get an attorney as soon as possible.
V C Section 14601 Driving When Privilege Suspended or Revoked
Driving When Privilege Suspended or Revoked
14601. (a) No person shall drive a motor vehicle at any time when that person’s driving privilege is suspended or revoked for reckless driving in violation of Section 23103, 23104, or 23105, any reason listed in subdivision (a) or (c) of Section 12806 authorizing the department to refuse to issue a license, negligent or incompetent operation of a motor vehicle as prescribed in subdivision (e) of Section 12809, or negligent operation as prescribed in Section 12810.5 , if the person so driving has knowledge of the suspension or revocation. Knowledge shall be conclusively presumed if mailed notice has been given by the department to the person pursuant to Section 13106. The presumption established by this subdivision is a presumption affecting the burden of proof.
(b) A person convicted under this section shall be punished as follows:
(1) Upon a first conviction, by imprisonment in a county jail for not less than five days or more than six months and by a fine of not less than three hundred dollars ($300) or more than one thousand dollars ($1,000).
(2) If the offense occurred within five years of a prior offense that resulted in a conviction of a violation of this section or Section 14601.1, 14601.2, or 14601.5, by imprisonment in a county jail for not less than 10 days or more than one year and by a fine of not less than five hundred dollars ($500) or more than two thousand dollars ($2,000).
(c) If the offense occurred within five years of a prior offense that resulted in a conviction of a violation of this section or Section 14601.1, 14601.2, or 14601.5, and is granted probation, the court shall impose as a condition of probation that the person be confined in a county jail for at least 10 days.
Every case and situation is different and vary greatly depending on specific facts. My posts are not to be considered complete answers to each question. My posts do not constitute an attorney/client relationship. I am only licensed to practice in the State of Florida and in federal courts. Florida Bar #337821, admitted 1982.
You should consult with an attorney about your fact and circumstances. Most of them offer free consultations and will be able to spot any potential defenses at that time. They will also be able to advise you on possible outcomes, including whether you would serve any jail time.
Responding to questions on AVVO does not establish an attorney-client relationship between the questioner and any attorney associated with Garrett Law Group, PLC. Responses should be considered and used for informational purposes only. Every case is unique in its facts, and all legal matters should be discussed with a licensed attorney prior to making any decisions or taking any actions.
Possibly, especially if your license was suspended for a DUI and you are dealing with a probation violation. Consult with a locally experienced attorney. Good luck.
We all need more information such as: Are you on probation for your first 14601? What court is your 2nd 14601 out of? Why is your license suspended and can you get it reinstated? In fact, the last question is the most important. I suggest that you go to the DMV (don't drive there!) pay for a "long form" copy of your driver's history and contact one of the attorneys that has responded to your question. Most attorneys give free consultations though you need to bring in the DMV printout and any other paperwork you have to obtain a solid answer. Jail time may be avoided if you try to resolve the underlying issues. Good luck.
Contributions to AVVO.com do not establish an attorney-client relationship.
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