QUESTION:
I was caught driving on a suspended license my seconed offense. Can I reduce this charge?
ANSWER:
I believe a second 14601.1 can be charged as a misdemeanor or an infraction. I’m not aware of any bright line distinction that requires a 14601.1 to be filed as a misdemeanor when there are prior(s). What did the officer circle on your ticket? i or m? If it’s filed as a misdemeanor, in SLO, the DA will typically reduce the fine if the person obtains their license but they generally will not reduce the charged to an infraction or even a 12500 misdemeanor. Hopefully the officer chose to pursue it as an infraction, in which case it will be direct filed with the court. Conversely, if the officer recommended a misdemeanor charge, the DA will review the police report and decide whether to file a misdemeanor charge with the Superior Court or to reject the charge. But you’ll need to be mindful of how many points you’re accruing on your license with the DMV going forward regardless of the filing decision.
