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Driving while your license is suspended or revoked is one of the most common offenses in criminal court.  However, the penalties can be serious.  So it is essential that you have an experienced defense lawyer by your side.  ​

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The severity of the penalties depends on whether the driver was aware of the suspension or revocation and whether they have prior convictions for this offense.

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Types of Charges:

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1. Unknowingly Driving While License Suspended (Civil Infraction):

Definition: Occurs when a person drives with a suspended or revoked license but was unaware of the suspension or revocation.

Penalties: 

Non-criminal offense: This is treated as a moving violation (similar to a traffic ticket).

Fines: Typically involves a civil penalty, such as a fine of up to $500.

Points: Adds 3 points to the driver's record.

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2. Knowingly Driving While License Suspended (Misdemeanor):

Definition: Occurs when a person drives with a suspended or revoked license and is aware of the suspension or revocation.

Penalties:

First Offense (Second-Degree Misdemeanor):

Jail Time: Up to 60 days in jail.

 

Fines: Up to $500.

Second Offense (First-Degree Misdemeanor):

Jail Time: Up to 1 year in jail.

 

Fines: Up to $1,000.

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3. Habitual Traffic Offender (HTO) Status:

Definition: If a person accumulates three or more convictions within five years, they may be classified as a Habitual Traffic Offender (HTO). Driving as an HTO while under a five-year license revocation leads to more severe penalties.

Penalties:

Third Offense or More (Third-Degree Felony):

Prison Time: Up to 5 years in prison.

Fines: Up to $5,000.

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Causes of License Suspension or Revocation:

A driver's license can be suspended or revoked for various reasons, including:

Accumulating too many traffic violation points.

DUI (Driving Under the Influence) convictions.

Failing to pay traffic fines or child support.

Refusing to submit to a breathalyzer test.

Committing certain criminal offenses, such as drug-related crimes or fleeing from law enforcement.

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Defenses to These Charges:

Possible defenses may include:

Lack of Knowledge: Proving that the driver was genuinely unaware that their license was suspended or revoked.

Invalid Suspension: Challenging the validity of the suspension or revocation.

Emergency Situations: Arguing that the driver had no choice but to drive due to an emergency situation.

Clerical Error: Showing that the suspension was due to an administrative or clerical error.

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Consequences of a Conviction:

A conviction can have serious consequences, including:

A criminal record that may affect employment, housing, and other opportunities.

Additional points on the driver's record, leading to higher insurance rates or further suspension.

Potential loss of the driver's license for an extended period.

For Habitual Traffic Offenders, the revocation of driving privileges for five years or longer.

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Importance of Legal Representation:

Given the potential penalties and long-term impact of a conviction, it is crucial for anyone charged with this offense to seek legal representation. An experienced attorney can help challenge the evidence, negotiate with prosecutors, and develop a defense strategy to reduce or dismiss the charges. Call our office for a free and confidential consultation.