Cited for a Suspended License in San Bernardino County?

Many drivers are cited and released with a date to appear in court, but you can also be arrested and booked. If you stay in custody, you must be brought to court for arraignment, usually within 48 hours, not counting Sundays and holidays. The officer may also have the car towed and, in many cases, held for 30 days.

At arraignment, the judge reads the charge and takes your plea. Don’t miss the court date: willfully failing to appear on a citation is a separate misdemeanor (VC 40508) and can lead to a warrant. The sooner we’re involved, the sooner we can start working on your case.

It depends on why your license was suspended or revoked. VC 14601 covers suspensions for reckless driving, for being a negligent operator (such as too many points), or for certain medical or substance-related conditions that make driving unsafe. VC 14601.2 covers suspensions for a DUI conviction, and driving in violation of a license restriction, such as without a required ignition interlock. VC 14601.5 covers DMV administrative suspensions after a DUI arrest or a chemical test refusal. VC 14601.1 covers most other reasons, such as an accident without insurance or unpaid child support.

All four are misdemeanors (VC 40000.11), and the penalties differ.

Yes. Knowledge is an element of each of these charges. But if the DMV mailed a suspension notice to the address on your record and it was not returned, that can be enough to prove you knew (VC 13106). That is why your address history matters: you must tell the DMV within 10 days when you move (VC 14600).

Knowledge can also be proven by what you say. Telling the officer you knew your license was suspended is often the strongest evidence in the case, so politely decline to answer questions and ask for a lawyer.

It is possible. A first offense under VC 14601.1 or 14601.5 carries up to six months in county jail, a fine of $300 to $1,000, or both. A first offense under VC 14601 carries 5 days to six months in jail plus a $300 to $1,000 fine.

A second offense within five years carries more: 5 days to one year under VC 14601.1, or 10 days to one year under VC 14601 or 14601.5, plus a fine of $500 to $2,000. Penalty assessments add a lot to the fines. Depending on the court and your record, jail time can sometimes be served through alternatives such as work release or electronic monitoring.

The penalties are stricter. Driving while suspended or revoked for a DUI conviction (VC 14601.2) carries 10 days to six months in county jail and a fine of $300 to $1,000 for a first offense, and if you get probation, at least 10 days in jail is required. A second offense within five years carries 30 days to one year and a fine of $500 to $2,000, with at least 30 days in jail if you get probation.

In most cases, the court must also order an ignition interlock device on any vehicle you drive for up to three years, and the DMV won’t reinstate your license until it receives proof that the device is installed (VC 14601.2(h); VC 23575).

Your citation usually lists the courthouse and your first court date. Misdemeanor cases from the West Valley, including Fontana and Rialto, are heard at the Rancho Cucamonga courthouse; cases from the San Bernardino and Redlands area at the San Bernardino Justice Center; and High Desert cases at the Victorville courthouse. A citation can take several weeks to reach the court’s system, so if your case is not on the calendar yet, call us before the date passes.

It can be. When an officer finds you driving on a suspended or revoked license, or without ever having been licensed, the officer can have the car towed and, in many cases, held for 30 days (VC 14602.6). The registered owner has the right to a storage hearing, and the car can be released early in some situations, such as when it was stolen or once the driver gets a valid license and insurance.

Towing and storage fees add up quickly. If you were driving, you are a registered owner of the car, and you have a prior misdemeanor conviction for driving on a suspended license or without a license, the car can even be forfeited (VC 14607.6).

No. Driving without a valid license (VC 12500) covers driving when you were never licensed, your license expired, or you don’t have the right class of license. It is a different offense from driving on a suspended license.

Since 2023, a first or second violation is usually an infraction with a $100 base fine plus court assessments (VC 40000.10). It can be charged as a misdemeanor for a third or later violation, or if you have a prior suspension for a DUI, a chemical test refusal, reckless driving, street racing or vehicular manslaughter. A car can still be impounded when the driver was never licensed.

It depends on why it was suspended. Usually you must wait out the suspension period, fix the cause, such as catching up on child support or finishing a DUI program, and pay the DMV’s fees. Many suspensions also require an SR-22, a form your insurance company files with the DMV to prove you have liability insurance, often for three years.

A new conviction for driving on a suspended license adds two points to your DMV record (VC 12810), which can lead to a negligent operator suspension, and a VC 14601.2 conviction delays reinstatement until an ignition interlock is installed. We can review your DMV record and tell you what you need.

It depends on the evidence. Common defenses include:

• You didn’t know your license was suspended, for example because the DMV notice was returned or sent to the wrong address
• Your license was not actually suspended on that date, or it had already been reinstated
• The suspension came from a DMV or court error
• You were not the driver
• The stop was illegal, which can lead to the evidence being thrown out
• You were driving your employer’s vehicle on your employer’s private property for work, which the law allows in some cases

We review your DMV record, the suspension notices and proof of mailing, your address history, the police report and body camera video to find the weaknesses in the case.

In many cases, yes. Depending on the evidence and your record, the charge may be dismissed or reduced, for example from VC 14601.1 to an infraction (PC 17(d), 19.8), or to driving without a license (VC 12500). Getting your license reinstated before your court date can help, and many courts consider it.

If you are convicted and complete probation, you can ask the court to dismiss the conviction under PC 1203.4; for driving on a suspended license, the judge decides whether a dismissal is in the interest of justice. A dismissal does not change your DMV record or any suspension (VC 13555), and the conviction can still count as a prior if you are charged again. For non-citizens, talk to us before entering any plea.

Often not in person. Driving on a suspended license is usually charged as a misdemeanor, and in most misdemeanor cases California law lets your lawyer appear in court for you (PC 977), so you may not need to attend every hearing at the Rancho Cucamonga, San Bernardino or Victorville courthouse. We tell you before each date whether you need to be there.