Vehicle Code § 14601

Driving when privilege suspended or revoked on specified grounds; Conclusive presumption of knowledge

(a) No person shall drive a motor vehicle at any time when that person’s driving privilege is suspended or revoked for reckless driving in violation of Section 23103, 23104, or 23105, any reason listed in subdivision (a) or (c) of Section 12806 authorizing the department to refuse to issue a license, negligent or incompetent operation of a motor vehicle as prescribed in subdivision (e) of Section 12809, or negligent operation as prescribed in Section 12810.5, if the person so driving has knowledge of the suspension or revocation. Knowledge shall be conclusively presumed if mailed notice has been given by the department to the person pursuant to Section 13106. The presumption established by this subdivision is a presumption affecting the burden of proof.

(b) A person convicted under this section shall be punished as follows:

(1) Upon a first conviction, by imprisonment in a county jail for not less than five 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).
(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 14601.1, 14601.2, or 14601.5, by imprisonment in a county jail for not less than 10 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).

(c) If the offense occurred within five years of a prior offense that resulted in a conviction of a violation of this section or Section 14601.1, 14601.2, or 14601.5, and is granted probation, the court shall impose as a condition of probation that the person be confined in a county jail for at least 10 days.

(d) Nothing in this section prohibits a person from driving a motor vehicle, that is owned or utilized by the person’s employer, during the course of employment on private property that is owned or utilized by the employer, except an offstreet parking facility as defined in subdivision (c) of Section 12500.

(e) When the prosecution agrees to a plea of guilty or nolo contendere to a charge of a violation of this section in satisfaction of, or as a substitute for, an original charge of a violation of Section 14601.2, and the court accepts that plea, except, in the interest of justice, when the court finds it would be inappropriate, the court shall, pursuant to Section 23575, require the person convicted, in addition to any other requirements, to install a certified ignition interlock device on any vehicle that the person owns or operates for a period not to exceed three years.

(f) This section also applies to the operation of an off-highway motor vehicle on those lands to which the Chappie-Z’berg Off-Highway Motor Vehicle Law of 1971 (Division 16.5 (commencing with Section 38000)) applies as to off-highway motor vehicles, as described in Section 38001.

History

Added Stats 1968 ch 1195 § 7. Amended Stats 1971 ch 1530 § 12; Stats 1972 ch 618 § 140; Stats 1981 ch 940 § 7; Stats 1982 ch 53 § 19, effective February 18, 1982, ch 1339 § 12, effective September 24, 1982; Stats 1983 ch 1092 § 385, effective September 27, 1983, operative January 1, 1984; Stats 1985 ch 1522 § 1; Stats 1986 ch 1306 § 9; Stats 1987 ch 321 § 8; Stats 1994 ch 253 § 1, ch 1133 § 7 (AB 3148); Stats 1995 ch 91 § 176 (SB 975), ch 766 § 18 (SB 726); Stats 2000 ch 1064 § 7 (AB 2227), effective September 30, 2000; Stats 2003 ch 468 § 26 (SB 851); Stats 2004 ch 908 § 14 (AB 2666); Stats 2007 ch 682 § 14 (AB 430), effective January 1, 2008.

VC14601 1a