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I am 21 years old, I got stopped for red light violation while driving with a suspended license (due to a dui)

Anaheim, CA |

I got my license back at the dmv so i didn't know my license was suspended I never got a dmv letter notifying me that my license was suspended, is there any possibility that my case can be dismissed, or at least the jail time?

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Attorney answers 3

Posted

VC 14601 for Driving on a suspended license does require you know your license is suspended. If you were issued a license and never got a notice of suspension, you might have a pretty darn good argument that you didn't know. Still it is a pretty serious charge and I recommend hiring an attorney to assert your defenses. If you were happy with the attorney who handle your DUI, it might be easiest to stick with them. Otherwise, there are plenty of lawyers here who offer free consultations (myself included)

Nicholas Loncar, Esq.
323.803.4352
www.iDefendLosAngeles.com
Nicholas.Loncar@iDefendLosAngeles.com

Posted

They have to prove that your license was in fact suspended, the reason for the suspension and KNOWLEDGE. They must prove you were put on notice that your license was suspended. Your dmv history will document whether they sent you notice, etc.

Driving on a suspended when the reason for the suspension is a DUI is a 14601.2(a) and carries mandatory jail time and requires an ignition interlock device.

It's worth an attorney - st least consult with one.

The above answer is for general information only and is based on the information you posted. Every case is fact dependent, so to get a thorough analysis of your situation, you will need to consult face to face with an attorney licensed to practice in the jurisdiction where the incident took place. Do not conclusively rely on any information posted online when deciding what to do about your case.

Posted

My colleagues are correct. Knowledge of suspension is critical. Speak with an attorney as you are facing mandatory jail.

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