If you are caught driving under the influence, or even more a DUI with a suspended licence in Orange County, do not take it lightly. You should contact an Orange County DUI attorney immediately. DUI charges are not light charges and therefore, should not be taken lightly. Orange County frowns deeply at persons charged with a DUI offence and always ensures to make examples out of them to others.
Driving with a suspended licence is strictly prohibited and you can face serious charges for it. However, that cannot be compared to the consequences of driving with a suspended licence while under the influence of an intoxicating substance. Under Orange County laws, driving under the influence and driving with a suspended licence are two different charges.
California Vehicle Code 14601 prohibits you from driving a motor vehicle if your licence is suspended or has been revoked. The law also makes it illegal to drive under the influence. You will be charged for both offences in one criminal case. If you are in this situation, you should be worried. An experienced Orange County criminal defenses lawyer is your best chance at avoiding dire consequences. Scott C is an Orange County criminal defenses lawyer who is experienced in all kinds of DUI cases. Do well get in touch with him now for a free evaluation of your case.
What the Prosecution Must Prove in a DUI With Suspended Licence Case in Orange County
If you are charged with these two offences of driving under the influence and with a suspended licence, the prosecution must successfully prove certain elements. Failure to prove them will be fatal to their case as these elements go to the root of the case. The prosecution must establish the elements of the offence of a DUI and also that of driving with a suspended licence.
That You Were Operating a Motor Vehicle
The first thing the protection must show is that you were operating a motor vehicle when you were caught and charged. If an accused person was not driving but merely sitting in a vehicle with a suspended licence, such a charge will not succeed. The prosecution must provide evidence to show that the accused was driving a vehicle at the time the offence was said to have been committed.
That You Were Under the Influence
If the prosecution can prove the first element, they must go ahead to provide evidence showing that you were under the influence of an intoxicating substance while driving the vehicle. It can be either alcohol, drugs, or both. So long as the substance impairs your ability to operate a vehicle properly.
That You Were Driving the Vehicle With a Suspended Licence
After proving the elements of driving under the influence, the prosecution must prove that you were driving with a suspended licence. They must provide the said licence before the court and prove that the licence was lawfully suspended and therefore invalid.
That You Knew That the Licence Was Suspended
One last thing the prosecution must prove is that you were aware that the licence was suspended and still went ahead to operate a vehicle with it. The court will assume that you knew that the licence was suspended if:
- The California Department of Motor Vehicles sent a memo to you(defendant) notifying you that your licence has been suspended.
- The memo was sent to your most recent address according to the books.
- The department did not receive any notice that the memo was not delivered.
If the prosecution can successfully prove the above elements, the accused will be found guilty of driving under the influence with a suspended licence and can face very serious penalties.
Penalty For a DUI With Suspended Licence Offence in Orange County
The penalty for driving while under the influence are:
- Probation for 3 years or more
- Compulsory attendance to an alcohol recovery school.
- Payment of fines over two thousand dollars.
- Imprisonment for some time between zero to 180 days.
The penalty for driving with a suspended licence includes:
- Probation for 3 years and above
- Payment of fines over two thousand dollars
- Imprisonment for some time usually between zero to 180 days.
- Two points will be added to your driving record.
Note that the penalties for a first-time offender differ from that of a second-time offender. That is to say that you will face greater punishment if you are a second-time or repeat offender. Connect with an Orange County DUI lawyer immediately if you are in any of these categories.
Possible defenses of a DUI With Suspended Licence Charge
The following are defenses that you may put forward if accused of DUI with a suspended licence.
- You were not under the influence of any intoxicating substance
- You had every right to drive.
- You were not aware that your licence had been suspended
- You were not the person driving the vehicle
- The suspension of your licence was invalid
- You were not appropriately notified of your licence suspension
The prosecution will not sit back and allow you to raise any of these defenses and get away easily. They will try to counter all your defenses. To successfully prove any of these defenses, you need a skilled Orange County DUI attorney.
Why You Need an Orange County Criminal defense Lawyer With Your Case
One cannot overemphasise the need for an Orange County criminal defenses lawyer. It is not news to you now that DUI charges can ruin your life and therefore you need a DUI attorney for several reasons.
Scott C is an experienced and qualified DUI attorney that has handled several such cases previously. He has formerly served as a prosecutor and this amongst other things gives him leverage while defending his clients. He knows what to expect from the prosecution and has over time, consistently helped several persons charged with this offence a good and fair outcome.
Feel free to contact him today to speak to him about your case.
Frequently Asked Questions About DUI With Suspended Licence Offence in Orange County and their Answers
Q: Can I be arrested if caught driving with a suspended licence in Orange County?
Ans: Yes, you may be arrested immediately.
Q: What happens if I am caught driving under the influence with a suspended licence?
Ans: You will be charged with separate offences.
Q: My licence was not validly suspended. Do I have to pay for it?
Ans: No you do not. If your licence was not properly suspended and you are charged with driving under the influence with a suspended licence, you must contact a DUI attorney to assist you to fight your rights.
