No matter what the reason for your license suspension or revocation, if you are caught driving with a suspended license, you will face criminal charges that carry the possibility of heavy fines and even jail time.
Approaches to Overcoming a Suspended License Charge
While a suspended or revoked license can seriously impede your ability to live your life, needing to get to work or to run an errand is not a defense to a driving with a suspended license charge. However, there are potential defenses to these charges — each of which I’ll explore with you to determine if we can have the charges reduced or dismissed.
To prove a driving with a suspended license charge, the prosecutor doesn’t just have to prove that your license was suspended and that you were driving. He or she also has to demonstrate that you knew or were aware that your license had been suspended or revoked. For criminal cases, such as DUI arrests or convictions, this may be easy to prove. But for other cases, such as failure to pay child support, it is possible that you were never notified of your license suspension, which means that the state may not be able to prove that element of the crime.
Beyond knowledge, there are other possible factual defenses to the charges. If your driving privileges were actually restored at the time that you were driving, I’ll argue that the charges must be dismissed. If you were driving for an approved reason to work or for a medical treatment, that may also be a defense. The key to this defense is that the reason you were driving had to be approved by either the court or the DMV. By carefully examining the facts of your case, I’ll determine the best possible strategy to resolve your driving with a suspended license charge.