Bay Area DUI Lawyer Drunk Driving Attorney DMV Hearing and License Suspension

Bay Area DUI Attorney
Bay Area DUI Lawyer Alameda DUI Attorney Contra Costa DUI Attorney Marin DUI Attorney Napa DUI Attorney San Francisco DUI Attorney San Mateo DUI Attorney Santa Clara DUI Attorney Sonoma DUI Attorney
Bay Area DUI Attorney Divider Bay Area DUI Divider DMV Hearing Divider DUI Investigation Divider Bay Area DUI Law Firm Divider Bay Area DUI Lawyer
Navigation Shadow Navigation Shadow

California Vehicle Code Section 14601.3 - Habitual Traffic Offender

14601.3. (a) It is unlawful for a person whose driving privilege has been suspended or revoked to accumulate a driving record history which results from driving during the period of suspension or revocation. A person who violates this subdivision is designated an habitual traffic offender.

For purposes of this section, a driving record history means any of the following, if the driving occurred during any period of suspension or revocation:

(1) Two or more convictions within a 12-month period of an offense given a violation point count of two pursuant to Section 12810.

(2) Three or more convictions within a 12-month period of an offense given a violation point count of one pursuant to Section 12810.

(3) Three or more accidents within a 12-month period that are subject to the reporting requirements of Section 16000.

(4) Any combination of convictions or accidents, as specified in paragraphs (1) to (3), inclusive, which results during any 12-month period in a violation point count of three or more pursuant to Section 12810.

(b) 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. The presumption established by this subdivision is a presumption affecting the burden of proof.

(c) The department, within 30 days of receipt of a duly certified abstract of the record of any court or accident report which results in a person being designated an habitual traffic offender, may execute and transmit by mail a notice of that designation to the office of the district attorney having jurisdiction over the location of the person's last known address as contained in the department's records.

(d) (1) The district attorney, within 30 days of receiving the notice required in subdivision (c), shall inform the department of whether or not the person will be prosecuted for being an habitual traffic offender.

(2) Notwithstanding any other provision of this section, any habitual traffic offender designated under subdivision (b) of Section 23546, subdivision (b) of Section 23550, or subdivision (b) of Section 23550.5 , who is convicted of violating Section 14601.2 shall be sentenced as provided in paragraph (3) of subdivision (e).

(e) Any person convicted under this section of being an habitual traffic offender shall be punished as follows:

(1) Upon a first conviction, by imprisonment in the county jail for 30 days and by a fine of one thousand dollars ($1,000).

(2) Upon a second or any subsequent offense within seven years of a prior conviction under this section, by imprisonment in the county jail for 180 days and by a fine of two thousand dollars ($2,000).

(3) Any habitual traffic offender designated under Section 193.7 of the Penal Code or under subdivision (b) of Section 23546, subdivision (b) of Section 23550, subdivision (b) of Section 23550.5 , or subdivision (d) of Section 23566 who is convicted of a violation of Section 14601.2 shall be punished by imprisonment in the county jail for 180 days and by a fine of two thousand dollars ($2,000). The penalty in this paragraph shall be consecutive to that imposed for the violation of any other law.

(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.

Amended Sec. 4, Ch. 901, Stats. 1997. Effective January 1, 1998.
Amended Sec. 10.2, Ch. 118, Stats. 1998. Effective January 1, 1999. Operative July 1, 1999.
Amended Sec. 16, Ch. 22, Stats. 1999. Effective May 26, 1999. Operative July 1, 1999.
Amended Sec. 17, Ch. 908, Stats. 2004. Effective January 1, 2005.

<< Return to California Vehicle Codes

Home > DMV Hearing > California Vehicle Code > VC Section 14601.3 - Habitual Traffic Offender

Note: This website is intended for use by those seeking information relating to California driving under the influence (DUI), or driving while intoxicated (DWI) matters. Additionally, laws and legal procedures such as those presented in "BayAreaDUIDefense.com" are constantly changing. Consequently, any statute, law, or procedure may have changed as a result of drunk driving laws, judicial court decisions, or California Department of Motor Vehicles (DMV) license suspension rules, regulations, policies or procedures enacted since similar information was posted on this website. Moreover, the information provided here is not intended to be legal advice and should not be relied upon as such because there is no substitute for consulting with a qualified lawyer. Accordingly, the reader is strongly advised to consult with a qualified attorney and anyone with a legal problem should immediately obtain legal representation and advice from a California DUI defense attorney or criminal defense lawyer with extensive experience handling California DUI Defense cases who is aware of the facts specific to a particular DUI case.

The Law Office of Robert Tayac assumes no liability whatsoever for any use of "BayAreaDUIDefense.com" as it is provided for informational purposes only and is not intended to be legal advice from this office or from any attorney working for this firm. Rather, the information contained in this website is intended to be a starting point for further, subsequent discussions between a reader having a specific legal problem and a qualified California DUI attorney. All readers are informed that no lawyer-client relationship is intended nor formed by any use of this website and all readers are advised, in line with the Rules of the State Bar of California, that the only way to form an attorney-client relationship with The Law Office of Robert Tayac is to sign a legal services agreement, abide by its terms and receive a legal services agreement signed by an designated representative of the firm.

Home | Bay Area DUI | DMV Hearing | DUI Investigation | About Our Firm | Contact Us
Alameda
(510) 352-9500
Contra Costa
(925) 288-9800
Marin
(415) 552-6000
Napa
(707) 576-9900
San Francisco
(415) 552-6000
San Mateo
(650) 570-3000
Santa Clara
(408) 985-8700
Sonoma
(707) 576-9900