PC 14601.3 – Habitual Traffic Offender in California

PC 14601.3 - Habitual Traffic Offender in California

Habitual Traffic Offender in California – Table of Contents

PC 14601.3 – Overview

What is the definition of a habitual traffic offender as defined under California Vehicle Code 14601.3?

It is unlawful for a person to operate a vehicle in the State of California if their license has been suspended or revoked to operate a vehicle to further accumulate a history of traffic offenses, or demonstrate a negligible history of driving offenses.

PC 14601.3 – Prosecuting

What conditions qualify a State of California driver’s license holder as a habitual offender as defined under California Vehicle Code 14601.3?

First, there must be an assessment of point counts. Each point counts toward a penalty of a possible suspension or revocation of your license; in addition to an enhancement of the premiums you would pay on your auto insurance as an indication of risk assurance to the policy issuer. In the State of California, your driving record in terms of points is an indication of negligence and penalties under the California Department of Vehicles (DMV). The DMV does utilize the Negligent Treatment Operator System to maintain standards and monitoring of all California licensed drivers.

The following California Vehicle Code violations acquire a two-point count from the California Department of Motor Vehicles under its Negligent Operator System:

  1. California Vehicle Codes 20001: Felony Hit and Run
  2. California Vehicle Code 20002: Misdemeanor Hit and Run
  3. California Vehicle Code 23152: Driving under the influence of alcohol with a BAC of .08.
  4. California Vehicle Code 23153: Driving under the influence of alcohol with a BAC of .08 causing physical injury.
  5. California Vehicle Code 23103/ 23103.5: Wet Reckless/ with no admonishment of alcohol or impairment of substance
  6. California Penal Code 191: Vehicular Manslaughter with ordinance negligence.
  7. California Penal Code 191.5: Gross Vehicular Manslaughter.
  8. California Penal Code 192: Vehicular Manslaughter during the commission of a non-felonious act.
  9. California Vehicle Code 2800.2: Felonious Evading a police officer during official duties.
  10. California Vehicle Code 2800.3: Evading a police officer causing death or serious bodily injury.
  11. California Vehicle Code 21651: Negligible driving or crossing over roadways divided by solid lines or installed dividers.
  12. California Vehicle Code 22348: Driving at excess speeds of 100 MPH.
  13. California Vehicle Code 23109: Exhibition of Speed or Speed Contest.
  14. California Vehicle Code 23109.1: Exhibition of Speed or Speed Contest that causes substantial injury.
  15. California Vehicle Code 31602: Unauthorized transportation of explosives to another location.
  16. California Vehicle Code 14601: Driving under a suspended or revoked license for a violation of VC 23103.
  17. California Vehicle Code 14601.1: Driving under suspended or revoked license for violations other than VC 23103.
  18. California Vehicle Code 14601.2: Driving under a suspended or revoked license for a violation of VC 23152 and VC 23153.
  19. California Vehicle Code 14601.3: Driving under a suspended or revoked license for excessive points on a driving record.
  20. California Vehicle Code 14601.5: Driving under a suspended or revoked license that was suspended or revoked by a DMV administrative hearing.

The following California Vehicle Code violations acquire a one-point count from the California Department of Motor Vehicles under its Negligent Operator System :

  1. California Vehicle Code 27360: Driving, and being the owner of the vehicle, with a child under the age of 8 in the front seat.
  2. California Vehicle Code 27360.5: Driving, and being the owner of the vehicle, with a child under the age ranges of 8-16 in the front seat but without reasonable restraints.
  3. California Vehicle Code 12814.6: Driving, and being the owner of the vehicle, under a provisional license with a passenger under the age of 20.
  4. California Vehicle Code 21710: Driving, and being the owner of the vehicle, on a downward road with the gear in neutral.
  5. California Vehicle Code 21116: Driving, and being the owner of the vehicle, on a State-owned roadway that is stated owned property of a levee, canal, canal bank, natural watercourse, bank, or pipeline right of way.
  6. California Vehicle Code 21207.5: Driving, and being the owner of an electric bike, an electric or motorized bike on a path, roadway, sidewalk, or trail without signs providing the authority to do so.
  7. California Vehicle Code 21708: Driving, and being the owner of the vehicle, over a fire or chemical hose that is owned by a State or local governing body.
  8. California Vehicle Code 21716: Driving, and being the owner of the vehicle, any golf cart in excess of 25 MPH on a highway.
  9. California Vehicle Code 23120: Driving, and being the owner of the vehicle, while wearing eye frames with excessive dimensions.
  10. California Vehicle Code 24800: Driving, and being the owner of the vehicle, with malfunctioning parking lamps.
  11. California Vehicle Code 26707: Driving, and being the owner of the vehicle, without windshield wipers.
  12. California Vehicle Code 21712: Driving, and being the owner of the vehicle, with excessive passengers not in a manufactured seat.
  13. California Vehicle Code 23136: Driving, and being the owner of the vehicle, under the age of 21 with any BAC.

Are there exceptions to a violation of California Vehicle Code 12810?

Yes- This is a specific intent crime. Requiring the mental state of knowledge. Knowledge is a conscious desire to complete an act. And an awareness of the consequences that would result from the perspective of a reasonably objective person. As a result, knowledge is presumed if the DMV has proof of an abstract of the DMV’s record any offense and conviction that qualifies under the point system being mailed to the driver’s address as posted on their driver’s license.

What is considered a habitual traffic offender under the DMV Negligent Treatment Operator System to qualify for a violation under California Vehicle Code 14601.3?

Within a 12- month period on the date of the subject violation: (1) the driver currently has two or more 2-point convictions on record with the DMV or Court; (2) the driver currently has three or more 1-point convictions on record with the DMV or Court; (3) the driver currently has three or more accidents on record with the DMV.

PC 14601.3 – Sentencing

What are the penalties for a violation of California Vehicle Code 14601.3?

The Prosecution has 30 days, from the DMV providing notice of habitual offender status, to inform the DMV whether or not they choose to initiate a prosecution for the offense. A conviction for California Vehicle 14601.3 is charged as a misdemeanor or felony. As a misdemeanor conviction the first conviction warrants penalty ranges not exceeding 30 days with fines not exceeding $1000; a second or more prior conviction within a 7-year period warrants penalty ranges not exceeding 180 days with fines not exceeding $2000.

What are examples of violations of California Penal Code 14601.3?

  1. Omar is driving behind a slow-moving vehicle that is getting ready to turn left on a single-lane roadway with a 35 MPH speed limit. On the road is a construction site that is paving a portion of the right-hand roadway. Omar does not want to wait for the car in front of him to complete the turn, so he swerves onto the right shoulder to pass it, pulling back onto the roadway just in time to avoid the restricted zone emergency cones. A nearby police officer uses a radar gun to capture Omar’s speed at 45 MPH, pulls over Omar and issues a citation for an infraction, runs Omar’s license plate into the Officer’s database, and determines that he has a suspended license for 3 DUI’s in the past 12 months. Omar is arrested.
  2. Janus is reaching a traffic light that is about to turn yellow, as he is the second car on the road behind another vehicle that has not yet stopped. Both cars are in the right lane waiting for the a government-contracted Utility company to repair a traffic light that is hanging 100 yards away from them. This work has slowed traffic and will make Janus late for work. Janus does not want to miss work, so Janus speeds up and swerves into the adjacent gas station. This allows him to skip the traffic and the construction zone that is erected 50 yards from the gas station. Unfortunately, Janus failed to see a parked Sheriff’s vehicle cruiser that was at the convenience store parked at a nearby Mcdonalds which saw what Janus did. The Sheriff pursued him and pulled him over to issue a citation for a misdemeanor. The officer runs Janus plates and sees that within the last 12 months he has been cited for 2 speeding tickets, and has a DMV record for 1 at-fault accident. Janus is arrested.

PC 14601.3 – Defending

What are examples of defenses to a violation of California Vehicle Code 14601.3?

  1. Necessity to avoid collision or prevent further mechanical failure of the vehicle.
  2. Lack of knowledge of prior violations or no notice to appear in court.
  3. The DMV database is not updated with current conclusions of case dismissals or compromises not resulting in a conviction.

PC 14601.3 – Hire a Lawyer

If you are charged with a violation of California Vehicle Code 14601.3, call The Esfandi Law Group, APLC. Contact Los Angeles criminal defense attorney Seppi Esfandi, principal attorney of The Esfandi Law Group, APLC.

Call Us for a FREE Case Review: 310-274-6529

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