Legal Question in Traffic Law in California
can i goto jail for driving with a suspended liscence
2 Answers from Attorneys
Potentially, yes.
Driving on a suspended license can either be a misdemeanor or an infraction. If you're convicted of the infraction, you face a maximum of 6 months in county jail and some pretty hefty fines.
There are different subsections for driving on a suspended license. They have to do with why your license was suspended. For example, if you had a DUI and that was the reason your license was suspended when they caught you, there is a mandatory 10 days in jail, plus fines, plus an ignition interlock device.
Of you can fix the underlying problem (clearing a failure to appear, paying off old fines or whatever caused your license to be suspended in the first place) and gettig your license reinstated BEFORE your court date, that is probably the single best thing you can do to help yourself.
You need a good criminal defense attorney. I'd strongly suggest you find someone who focuses on criminal law and who routinely practices in the court where this case will be heard.
I believe Mr. Dane meant that the maximum sentence for a misdemeanor is six months. If it is charged as an infraction you cannot be sentenced to a jail term.
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