Legal Question in Traffic Law in California

Re: Penalty for driving on a suspended license

14601.2. (a) No person shall drive a motor vehicle at any time when

that person's driving privilege is suspended or revoked for a

conviction of a violation of Section 23152 or 23153 if the person so

driving has knowledge of the suspension or revocation.

(b) Except in full compliance with the restriction, no person

shall drive a motor vehicle at any time when that person's driving

privilege is restricted, if the person so driving has knowledge of

the restriction.

(c) Knowledge of suspension or revocation of the driving privilege

shall be conclusively presumed if mailed notice has been given by

the department to the person pursuant to Section 13106. Knowledge of

restriction of the driving privilege shall be presumed if notice has

been given by the court to the person. The presumption established

by this subdivision is a presumption affecting the burden of proof.

(d) Any person convicted of a violation of this section shall be

punished as follows:

(1) Upon a first conviction, by imprisonment in the county jail

for not less than 10 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), unless the person has been designated an habitual

traffic offender under subdivision (b) of Section 23546, subdivision

(b) of Section 23550, or subdivision (b) of Section 23550.5, in which

case the person, in addition, shall be sentenced as provided in

paragraph (3) of subdivision (e) of Section 14601.3.

(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, 14601.1, or 14601.5, by imprisonment in the county

jail for not less than 30 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), unless the person has been designated an habitual

traffic offender under subdivision (b) of Section 23546 or

subdivision (b) of Section 23550, in which case the person, in

addition, shall be sentenced as provided in paragraph (3) of

subdivision (e) of Section 14601.3.