March 8, 2009 By Wallin & Klarich

Your license can still be suspended even if you are not convicted of a DUI in California

Although it is well-known that if you are convicted of DUI, your driver’s license will most likely be suspended. What is not as commonly known is that there are many cases in which if you are convicted of a violation other than DUI you can still get your driver’s license suspended. Violations of the following, although not DUI related, carry heavy penalties that could result in the loss of your driver’s license:

  • California Vehicle Code (CVC) 2800.1, 2800.2, and 2800.3 are all variations of an “Evading a Peace Officer” charge. CVC 2800.1 is simple “Evading a Peace Officer,” 2800.2 is “Evading a Peace Officer: Reckless Driving,” and 2800.3 is “Evading a Peace Officer Causing Injury or Death.” These vehicle codes clearly state that you may not “willfully flee or otherwise attempt to elude a pursuing peace officer’s motor vehicle.” Doing so results in a violation of any one of these three statutes and not only a suspended license but also possible jail time.
  • CVC 20002 addresses non-injury hit and run accidents. The statute states that “The driver of any vehicle involved in an accident resulting only in damage to any property, including vehicles, shall immediately stop the vehicle at the nearest location that will not impede traffic or otherwise jeopardize the safety of other motorists.” If you are involved in an accident in which you cause any form of property damage, you must legally remain at the scene of the accident and be held accountable.
  • Violation of CVC 23104 and conviction of reckless driving of a vehicle causing bodily injury may result in a suspension of your driver’s license. This suspension will also likely be followed by a 30 to 180 day jail sentence and/or a fine between $250 and $1,000. The consequences of reckless driving, especially if it causes injury to a person other than the driver, are severe and should not be taken lightly.
  • Causing or participating in a staged vehicle accident to create a false or fraudulent insurance claim can likely lead to a suspension of your license. Along with the suspension, according to California Penal Code 548(a) you may be facing two, three, or five years in a state prison or up to $50,000 in fines. In this case just the fraudulent act is enough to not only suspend your license but also cause you to face drastic legal and monetary consequences.

All these violations, although they don’t involve driving under the influence, may result in the court’s suspension of your driver’s license. These are just a few examples of some of the consequences that may follow from being convicted of these crimes. The California traffic lawyer that handles these matters needs to be knowledgeable and experienced so that they understand the severity of the situation and can properly assist you in keeping your license and freedom.

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