Any California court has the authority to suspend or revoke the driver’s license of a defendant who is convicted of various traffic violations. However, what many do not know is that a person’s license can be suspended for many other non trafic related crimes, for example, the court has the authority to suspend or revoke a defendant’s license under the following provisions:
• Excessive speed. Whenever a person is convicted of a violation of any provision of the Vehicle Code relating to the speed of vehicles, the court may suspend the person’s license for up to 30 days on a first conviction, for up to 60 days on a second conviction, and for up to six months on any subsequent conviction, unless the Vehicle
Code mandates revocation by the DMV.
• Insurance fraud. The court may suspend or restrict for up to six months the license of any person who knowingly causes or participates in a vehicular collision for the purpose of presenting a fraudulent insurance claim.
• Prostitution. The court may suspend for up to 30 days the license of a person convicted under Penal Code §647(b) of soliciting or engaging in prostitution when the violation was committed with the use of a vehicle within 1000 feet of a private residence. The court may also suspend for up to 30 days the license of a person convicted under Pen C §647(a), when a peace officer witnessed the violator picking up a person engaged in loitering with the intent to commit prostitution, and the violator engaged with that person in a lewd act within 1000 feet of a private residence and with the use of a vehicle. In either case, instead of ordering a license suspension, the court may restrict the violator’s license for up to six months, except for travel to and from the violator’s place of employment or education.
• Controlled substances. The court may suspend or order the DMV to revoke for up to three years the license of a person convicted of any offense related to controlled substances, when use of a motor vehicle was involved in or incidental to the commission of the offense. The court must order the DMV to revoke for up to three years the license of a person convicted of violating Possession of Drugs involving these statutes: §11350, §11351, §11352, §11353, §11357, §11359, §11360, or §11361, when a motor vehicle was involved in or incidental to the commission of the offense.
• Alcohol offense. The court must suspend for one year the license of a person under age 21 who is convicted of a drug and alcohol related offense specified in the vehicle code. The court may also require the installation of a certified ignition interlock device.
• Road rage. The court may suspend the license of any person convicted of “road rage” under Pen C §245(a) for six months for a first offense, and for one year for a subsequent offense. Veh C§13210. It is within the court’s discretion to order the commencement of the suspension either on the date of the person’s conviction or on the person’s release from confinement or imprisonment. In place of or in addition to the suspension, the court may order the person to complete a court approved anger management or “road rage” course.
If you or a loved one is facing a suspension of your important driving privilege, contact a Torrance Criminal Defense Attorney to help.