DWLS/DWLR Services: Bush, Neiner & Associates, P.C.
Driving while license suspended or revoked has some of the most complicated sentencing structure that confuses even some attorneys. Many factors come into play including why you are suspended and what your prior record looks like. Some of these offenses require mandatory jail and due to recent case law, no longer will allow for good time credit, even on Misdemeanors! Further, the penalties are constantly increasing and prosecutors are often upgrading cases up to the Felony level. The biggest problem is that every time you are convicted of Driving while license suspended or revoked, the Secretary of State will increase the length of your suspension.
The basis for your suspension or revocation is the first factor when the prosecutor makes his initial review of the case. The other major factor is your past driving record. The prosecutor receives this information from a court purposes abstract provided by the Secretary of State database. This abstract shows every traffic related offense state wide, including court supervisions, as well as the basis of your suspension. Some prosecutors even look at national records for alcohol related offenses to see if you have out of state traffic offenses.
The most serious of these offenses are suspensions and revocations based on alcohol offenses such as illegal transportation and DUI. A suspension related to a DUI often carries with it a conviction along with 10 straight days in a county jail. The most important factor, one the prosecutor does NOT have to inform you of, is that if you are convicted for ANY driving while license suspended/revoked offense, your driver’s license suspension will be extended for an another entire year or more.
Other common grounds for suspension include failure to carry SR-22 insurance, too many traffic tickets in a set period, or another person files an affidavit against you following a car accident, or even for failure to pay parking tickets.
What if I never received notice from the Secretary of State that my license is suspended?
The Secretary of State automatically certifies they sent notice to your address and that is admissible and accepted in court. They will only send notice one time to the address that is currently listed on your license. If you have moved and not updated your license, Secretary of State mail will NOT be forwarded. Needless to say, “I didn’t receive notice” will not work as a defense.
I heard there is nothing you can do to help me?
Driving while license suspended or revoked is usually one of the easiest cases to prove. It requires that a person drove a motor vehicle (including motor scooters, ATVs, even lawn mowers) on a public roadway at a time when their license was suspended or revoked. However, for the defense it is one of the easiest cases to improve a person’s situation to receive better pleas and clear up licenses. Many suspensions can be cleared up if you go through the proper procedures and line up the necessary paperwork, file the right motions, or take the right actions. That is just one of the things an attorney can help you do. There are many others, but each case is unique and must be reviewed individually. Contact Bush, Neiner and Associates, P.C. to review your driving record and help you in court.