Law Offices of Michael E. Cindrich, APC 225 Broadway, Suite 2100 San Diego, CA 92101

Driving on a Suspended License Causing Injury

Driving on a suspended license causing injury in San Diego is a charge that often surprises people by how quickly it escalates from a traffic stop or collision into a case carrying mandatory jail exposure and serious license consequences. These cases are treated differently from ordinary suspended-license violations because they involve an allegation that the driver’s conduct caused harm to another person while the driver was legally prohibited from driving in the first place. As a result, prosecutors closely examine the reason for the suspension, the driver’s knowledge of that suspension, the mechanics of the collision, and the nature of the alleged injuries.

San Diego Driving on a Suspended License Causing Injury Lawyer — California Vehicle Code § 14601.4

For individuals facing this charge, confusion is common, especially when the suspension was related to a prior DUI or when fault for the accident is disputed. The Law Offices of Michael E. Cindrich, APC brings years of experience handling complex criminal matters in San Diego County, informed by Michael E. Cindrich’s background as a former San Diego prosecutor and seasoned defense attorney. This piece explains how these cases work, what the law requires the prosecution to prove, and how a San Diego driving on a suspended license causing injury lawyer can make a meaningful difference in the outcome.

The Law Offices of Michael E. Cindrich serve clients throughout San Diego County, including Chula Vista, Oceanside, Escondido, Carlsbad, El Cajon, Vista, San Marcos, Encinitas, National City, La Mesa, and the city of San Diego.

For a free, confidential consultation, call (619) 262-2500.

Overview of Driving on a Suspended License Causing Injury in San Diego

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California Laws on Driving on a Suspended License Causing Injury

Driving on a Suspended License Causing Injury — California Vehicle Code § 14601.4 makes it a crime to drive a motor vehicle while a driver’s license is suspended or revoked for a DUI-related conviction under California Vehicle Code § 14601.2 and, while driving, commit an unlawful act or neglect a legal duty that causes bodily injury to someone other than the driver. The offense is distinct from simple driving on a suspended license because it requires both a DUI-based suspension and an injury caused by the driving conduct, even though no specific Vehicle Code violation must be proven.

A conviction under California Vehicle Code § 14601.4 carries mandatory county jail time based on California Vehicle Code § 14601.2. A first qualifying offense requires at least 10 days and up to 6 months in county jail, while an offense committed within five years of a prior qualifying conviction requires at least 30 days and up to 1 year in county jail. The statute prohibits work release, community service, or similar alternatives before the minimum jail term is served, even if probation is granted. In addition, when the charge is resolved in place of a § 14601.2 violation, the court generally must order installation of a certified ignition interlock device, and the Department of Motor Vehicles will not reinstate driving privileges until proof of ignition interlock compliance or other required documentation is provided.

DUI-Related Suspended or Revoked License — California Vehicle Code § 14601.2 prohibits driving with knowledge that a license was suspended or revoked for DUI or DUI-injury. A first offense carries 10 days to 6 months in jail and $300–$1,000 in fines; a repeat within five years increases penalties to 30 days to 1 year, $500–$2,000, and mandatory custody with ignition interlock before reinstatement.

Non-DUI Suspended License — California Vehicle Code § 14601.1 applies to suspensions for non-DUI reasons. A first offense is punishable by up to 6 months in jail and $300–$1,000 in fines; a repeat within five years carries 5 days to 1 year and $500–$2,000.

DUI Causing Injury — California Vehicle Code § 23153 applies when DUI driving causes bodily injury. As a misdemeanor, penalties include 5 days to 1 year in county jail, $390–$5,000 in fines, 3–5 years of probation, DUI programs, restitution, and a 1–3 year license suspension. As a felony, punishment may include 16 months to 4 years in state prison, substantial fines, formal probation or parole, and long-term license revocation.

Great Bodily Injury Enhancement — California Penal Code § 12022.7 can add consecutive prison time when a defendant personally inflicts great bodily injury during a felony—typically three or more additional years depending on circumstances—and generally applies only when great bodily injury is not already an element of the underlying offense.

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Key Elements a Jury Considers in San Diego Suspended License Injury Cases

Knowledge of Suspension or Revocation — In San Diego cases involving driving on a suspended license causing injury, jurors must decide whether the defendant knew their license was suspended or revoked when driving. Courts rely on CALCRIM No. 2220, which allows consideration of DMV mailing records or court advisements but does not require jurors to presume knowledge from mailing alone. This issue is frequently litigated in San Diego criminal courts.

Unlawful Act or Negligence While Driving — Jurors must determine whether the defendant committed an unlawful act or failed to use reasonable care while driving. California Vehicle Code § 14601.4 does not require proof of a specific traffic violation; negligence may be shown through overall driving conduct. In San Diego injury cases, this element is commonly supported by collision reports, witness testimony, and officer opinions.

Causation of Bodily Injury — The jury must also find that the defendant’s driving was a substantial factor in causing bodily injury to someone else. San Diego jurors often review medical records and testimony, with disputes frequently focusing on minor injuries, delayed treatment, or preexisting conditions.

Basis for the Suspension — Finally, jurors may consider the reason for the license suspension. Vehicle Code § 14601.4 applies only when the suspension arises under Vehicle Code § 14601.2 (DUI-related). In San Diego cases, uncertainty about the suspension’s basis can be a key point of legal challenge.

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Defenses to Driving on a Suspended License Causing Injury in San Diego

Lack of Knowledge of Suspension — In San Diego suspended-license injury cases, a common defense is that the defendant did not know their license was suspended or revoked. Knowledge is required under Vehicle Code §§ 14601.4. Under CALCRIM No. 2220, jurors may, but are not required to, infer knowledge from DMV or court notice, making challenges to mailing records and advisements especially important in San Diego jury trials.

No Unlawful Act or Negligence — Even with a suspended license, the prosecution must prove the defendant committed an unlawful act or failed to use reasonable care while driving. In San Diego collision cases, the defense may argue lawful, cautious driving and dispute fault using witness testimony, body-camera footage, or accident reconstruction rather than relying on police conclusions.

Lack of Causation — The prosecution must show the defendant’s driving was a substantial factor in causing bodily injury. In San Diego courts, this element is often challenged where injuries are minor, treatment was delayed, or preexisting conditions exist, or where another cause explains the injury.

Invalid Suspension — A defense may apply if the license suspension was not legally valid or in effect. In San Diego, attorneys often scrutinize DMV and court records for notice errors or administrative mistakes that undermine the charge.

Illegal Stop or Arrest — Constitutional defenses are also common. If a San Diego traffic stop lacked reasonable suspicion or an arrest lacked probable cause, evidence may be suppressed, potentially weakening or defeating the case.

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Role of a San Diego Driving on a Suspended License Causing Injury Attorney

Early Charge Review — A San Diego criminal traffic lawyer quickly evaluates whether Vehicle Code § 14601.4 was properly charged and whether the suspension was truly DUI-related, often uncovering errors that reduce or eliminate mandatory jail exposure.

Challenging Suspension Notice — Because knowledge is critical, the defense reviews DMV and court records to identify invalid, expired, or improperly noticed suspensions and raises those defects early with prosecutors and the court.

Disputing Fault and Injury — The defense scrutinizes collision evidence and medical records to contest unlawful driving or causation, a common strategy in San Diego injury cases involving disputed fault or minor injuries.

Minimizing Consequences — When resolution is required, counsel seeks to limit jail time, reduce license-related penalties, and protect future driving privileges.

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Frequently Asked Questions

What is driving on a suspended license causing injury in San Diego?
In San Diego, this charge involves driving with a DUI-related suspended license and committing negligent or unlawful driving that causes bodily injury, prosecuted under California Vehicle Code § 14601.4.

Does driving on a suspended license causing injury require jail time?
Yes. Driving on a suspended license causing injury carries mandatory county jail minimums tied to the underlying suspension, even when probation is granted, depending on prior record and timing.

Is driving on a suspended license and causing injury a misdemeanor or felony?
Driving on a suspended license and causing injury is typically charged as a misdemeanor, but related DUI or injury allegations can increase exposure and lead to felony charges.

Will driving on a suspended license causing injury stay on a criminal record?
Yes. A conviction for driving on a suspended license causing injury becomes part of a permanent criminal record, affecting employment, professional licensing, background checks, and future sentencing exposure in California courts.

How can a San Diego suspended license injury lawyer challenge the charge?
A San Diego suspended license injury lawyer examines DMV notice proof, verifies suspension validity, challenges driving fault, and disputes whether the alleged injury was actually caused by the defendant.

Will a driving on a suspended license causing injury attorney help with jail exposure?
Yes. A driving on a suspended license causing injury attorney works to reduce mandatory custody, negotiate probation terms, and challenge sentencing enhancements in San Diego courts.

Can a San Diego lawyer help restore driving privileges after these charges?
Yes. A San Diego lawyer helps coordinate DMV reinstatement, ignition interlock compliance, and court requirements to restore driving privileges after a suspended license injury case.

When should someone contact a San Diego suspended license causing injury lawyer?
Someone should contact a San Diego suspended license causing injury lawyer immediately after arrest to protect evidence, limit statements, and prevent prosecutors from strengthening the case early.

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Resources

California Vehicle Code § 14601.4 – Driving on a Suspended License Causing Injury — This California Legislature page explains Vehicle Code section 14601.4, which applies when a person drives with a DUI-related suspended or revoked license and causes bodily injury by committing a prohibited act or neglecting a driving duty. It outlines custody requirements, probation conditions, ignition interlock device rules in certain cases, DMV reinstatement requirements, and application to off-highway vehicles.

California CALCRIM No. 2220 – Driving With Suspended or Revoked License — This Judicial Council of California jury instruction explains the elements required to prove driving with a suspended or revoked license. It describes the knowledge requirement, permissive inferences based on DMV or court notice, relevant definitions, and supporting legal authority for use in criminal trials.

California Assembly Bill 2746 (2021–2022) – Driving Privilege Suspension — This California Legislature page contains the text and history of Assembly Bill 2746. The bill changes how driver’s license suspensions are handled for failures to appear or pay fines, ending certain automatic DMV suspensions starting in 2027. It also updates notice procedures and reclassifies some unlicensed driving offenses.

CalMatters – Why California’s Dangerous Drivers Get to Keep Their Licenses — This CalMatters investigative article reviews how California allows some drivers with serious driving histories to keep or regain valid licenses. It explains DMV practices, licensing laws, and gaps in reporting using court records and DMV data related to crashes, suspensions, and vehicular manslaughter cases.

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Hire a Defense Attorney for Driving on a Suspended License Causing Injury in San Diego County, CA

A charge for driving on a suspended license causing injury is a serious criminal offense that can result in jail time, significant fines, license consequences, and potential civil liability. Even a single incident can place your freedom, driving privileges, and future at risk.

The Law Offices of Michael E. Cindrich provide strategic and aggressive legal representation for individuals accused of driving on a suspended or revoked license resulting in injury. We work to protect your rights, examine the circumstances of the stop and collision, challenge the prosecution’s evidence, and pursue the best possible outcome in your case.

Call (619) 262-2500 today for a free and confidential consultation to discuss your defense options.