If you are caught driving on a suspended license, there are several important steps that you should take, including remaining calm and compliant and not admitting guilt. Most importantly, you should consult with a knowledgeable Los Angeles DUI defense lawyer in your area as quickly as possible. Your lawyer will work hard to safeguard your rights throughout the process and can aggressively advocate on your behalf during all legal proceedings. Specifically, your lawyer can assert a strong legal defense at trial, resulting in a case dismissal, or arrange a favorable plea deal with the state prosecutor handling your case.
Elements of a Driving While Suspended Charge
To convict someone of driving on a suspended license, a state prosecutor must prove several legal elements beyond a reasonable doubt. These elements may vary slightly from state to state, but generally, they include the following key factors:
- The Accused Was Driving – The first element the prosecutor must establish is that the accused (defendant) was operating a motor vehicle. “Driving” typically means being in control of a car, truck, or another type of motorized vehicle on a public road or highway. Simply sitting in a parked car with the engine off is usually not enough to meet this element.
- The License Was Suspended or Revoked – Next, the prosecutor must prove that the defendant’s driver’s license was actually suspended or revoked at the time of the offense. This suspension or revocation must have been in effect due to a previous legal action, such as a DUI conviction, failure to pay traffic fines, or accumulating too many traffic violations.
- The Defendant Knew About the Suspension – One of the most important elements is proving that the defendant knew their license was suspended or revoked. This knowledge can be established in different ways, such as showing that the defendant received a written notice from the Department of Motor Vehicles (DMV) or that a judge informed them of the suspension. In some states, showing that the defendant “should have known” about the suspension can be enough.
- The Defendant Was Driving in a Public Place – The prosecution must show that the defendant was driving in a place where the law applies, such as a public road, highway, or parking lot. Driving on private property may not qualify under the law in some cases.
- No Valid License at the Time – Finally, the prosecutor must prove that the defendant did not have a valid driver’s license at the time of the incident. For example, even if the defendant had a suspended license in one state but a valid one in another, this can be a defense against the charge.
If the state prosecutor can prove all of these elements, the defendant may be convicted of driving on a suspended license, which can result in fines, jail time, or extended suspension periods, depending on the severity of the offense and the state’s laws.
Potential Penalties if You Are Convicted of Driving on a Suspended License
Being convicted of driving on a suspended license can lead to serious penalties and collateral consequences that extend beyond the immediate legal punishment. These penalties vary depending on the state where the offense occurred, the reasons for the license suspension, and whether it’s a first-time or repeat offense.
Potential Penalties
- Fine – One of the most common penalties for driving on a suspended license is a fine. Fines can range from a few hundred dollars to several thousand, depending on the state and the severity of the offense. First-time offenders may face smaller fines, while repeat offenders can see much higher penalties.
- Jail Time – In some cases, a conviction for driving on a suspended license can result in jail time. For a first offense, jail time may range from a few days to a few months in jail. However, for repeat offenders or those whose license was suspended for serious reasons (like a DUI), jail time can be significantly longer.
- Extended Suspension or Revocation – If you are convicted of driving on a suspended license, your suspension can be extended. In some cases, your license may be fully revoked, meaning you will lose the ability to get your license back without going through a lengthy legal process.
- Probation – Some offenders may be sentenced to probation instead of or in addition to jail time. Probation often comes with strict conditions, such as meeting with a probation officer regularly and avoiding further traffic violations.
Collateral Consequences
- Increased Insurance Rates – A conviction for driving on a suspended license will likely lead to much higher car insurance premiums. Some insurers may even refuse to cover you, making it difficult to obtain insurance in the future.
- Employment Issues – Certain jobs, especially those that require driving, may be out of reach following a conviction. Employers often run background checks, and having a criminal record, even for a traffic-related offense, can reduce job opportunities.
- Difficulty with License Reinstatement – Getting your license back following a conviction can be a difficult and expensive process. You may be required to pay additional fines, attend traffic school, or even install an ignition interlock device in your vehicle if your suspension was due to a DUI.
Defenses for Driving While Suspended
If you are charged with driving on a suspended license, various legal defenses may be available to challenge the prosecution’s case. Here are some of the most common defenses that a lawyer may use:
- Lack of Knowledge of Suspension – One of the strongest defenses is that you were unaware that your license was suspended. For this defense to be effective, you must demonstrate that you did not receive any formal notice of the suspension from the DMV or that the notice was not sent to your correct address. Showing that you were not informed may undermine the prosecution’s case.
- No Valid Driving Offense – Another common defense is that you were not actually committing a driving offense at the time you were stopped. For example, if you were parked or waiting at a stoplight, the prosecution may have difficulty proving you were actively driving. Demonstrating that you were not driving the vehicle can result in the charges being dropped.
- Mistaken Identity – Sometimes, law enforcement may mistakenly identify the driver of a vehicle. If you were not the person driving at the time of the citation, presenting evidence to support your claim can serve as a valid defense. This evidence may include witness testimony, video footage, or other forms of evidence showing that someone else was behind the wheel.
- Technicalities in the Traffic Stop – If law enforcement officers did not have a valid reason to pull you over, this can be a basis for dismissal. The police must have reasonable suspicion or probable cause to stop a vehicle. If the stop was made without proper justification, any evidence obtained during that stop, including the driving on a suspended license charge, may be inadmissible in court.
- License Reinstatement – If your license was suspended for a specific reason, and you have since completed the necessary requirements for reinstatement, this can serve as a strong defense. Providing proof that you have paid fines, completed court-ordered programs, or fulfilled other obligations can demonstrate that you were legally allowed to drive at the time of the incident.
- Emergency Situations – In some cases, you can argue that you were driving due to an emergency situation, such as rushing to the hospital. Demonstrating that your actions were necessary to prevent harm may mitigate the charges against you.
- Procedural Errors – If there were procedural errors during your case, such as improper documentation of your suspension, these issues could also be used as a defense. Showing that the process was flawed may lead to a dismissal of the charges.
Each case is unique, and the effectiveness of these defenses will depend on the specific circumstances surrounding your charge. A knowledgeable criminal defense attorney can identify the best strategy for your situation.
Steps To Take if You Are Caught Driving on a Suspended License
If you find yourself caught driving on a suspended license, it’s crucial to handle the situation carefully to minimize potential legal consequences. The most important steps to take are as follows:
- Remain Calm and Compliant – When pulled over, it is essential to stay calm and comply with the officer’s requests. Provide your identification and any requested documents. Avoid arguing or being confrontational, which can escalate the situation and lead to additional charges.
- Understand the Situation – Take a moment to understand why you were stopped and what the officer is saying regarding your license status. You can ask the officer for information about your suspension, but be cautious about how you phrase your questions to avoid admitting guilt.
- Gather Information – If possible, take notes on the incident. Record details such as the time, location, and the officer’s name and badge number. If there are witnesses, consider collecting their contact information as well. This information may be helpful later, especially if you need to contest the charges.
- Do Not Admit Guilt – While it is essential to be respectful, avoid admitting guilt or providing any statements that can be used against you later. Simply state your position without offering unnecessary details about why you were driving.
- Consult an Experienced Criminal Defense Attorney – Following the incident, contact a lawyer who is experienced in traffic violations and license suspensions. They can explain your legal options and guide you through the process of addressing the charges. A lawyer can also negotiate a plea deal or find defenses that can reduce the penalties.
- Review Your Suspension Status – Check the status of your driver’s license to understand the reasons for the suspension. You can usually do this through your state’s DMV website. Knowing the specifics can help you prepare your defense.
- Consider License Reinstatement – If you have not already, begin the process of reinstating your license, which may involve paying fines, attending traffic school, or fulfilling other legal obligations. Demonstrating that you are working to rectify the situation can be beneficial in court.
- Prepare for Court – If you receive a court date, make sure to attend and be prepared. Bring any necessary documentation, such as proof of reinstatement efforts or evidence supporting your case. Your lawyer can prepare this documentation and may represent you in court.
By taking these steps, you can better manage the situation and protect your rights if you are caught driving on a suspended license.
How an Experienced Criminal Defense Lawyer Can Help with Your Case
If you are charged with driving on a suspended license, having a skilled criminal defense lawyer can make a significant difference in the outcome of your case. Here are several ways an attorney can assist you:
- Understanding the Law – A skilled attorney understands the specific laws related to driving on a suspended license in your state. They can explain the legal definitions, potential penalties, and how they apply to your case. This knowledge is crucial for developing an effective defense strategy tailored to your unique situation.
- Evaluating Your Case – An attorney will review the details of your case, including the circumstances surrounding your traffic stop, your driving history, and the reasons for your license suspension. By gathering all relevant information, they can identify any weaknesses in the prosecution’s case or potential defenses that can lead to a favorable outcome.
- Building a Strong Defense – With the information gathered, your lawyer can develop a strong defense strategy. This defense may include arguing that you were unaware of your suspension, demonstrating that you were not actually driving at the time, or showing that there were procedural errors during your traffic stop. A strong defense can help to reduce or dismiss the charges against you.
- Navigating Legal Procedures – The legal system can be complex and overwhelming. An attorney will guide you through every step of the legal process, ensuring that you meet all deadlines and requirements. They can handle paperwork, file necessary motions, and represent you in court, so you do not have to navigate the system alone.
- Negotiating with Prosecutors – An experienced criminal defense attorney can negotiate with the prosecution on your behalf. They can secure a plea deal that reduces the penalties, such as lower fines or lesser charges. Their knowledge of the legal system and relationships with prosecutors can lead to more favorable outcomes than if you were to negotiate on your own.
- Reducing Consequences – If you are convicted, an attorney can work to minimize the consequences. They may argue for reduced fines, limited jail time, or alternatives to incarceration, such as community service or probation. By advocating for your best interests, they can work to minimize – or eliminate – the potential penalties upon conviction.
- Protecting Your Rights – Throughout the entire process, a knowledgeable attorney will ensure that your rights are protected. They will advocate for you, ensuring that you are treated fairly and that any evidence against you was obtained lawfully.
Speak with a Knowledgeable Criminal Defense Attorney Today
If you are currently facing criminal charges for driving on a suspended license, it’s essential that you consult with Chudnovsky Law, a skilled Los Angeles criminal defense attorney in your area right away. Your lawyer can review the circumstances of your arrest with you, determine your legal options, and pursue the best possible result in your case – either through a favorable trial result or a plea deal with the state prosecutor.