How Can You Defend Yourself If You’re Caught Driving On A Suspended License?

No matter the individual, anyone who is caught driving on a suspended license can be charged with a crime.

By being aware of the ways in which a defense can be crafted, as well as how to reinstate a suspended license, it’s much easier to avoid being charged with driving on a suspended license.

What Happens If You’re Caught Driving On A Suspended License? 

Someone who is caught driving on a suspended license (for reasons other than unpaid tickets) can face the following penalties:

• Being sentenced to no more than one-year in jail.
• Being forced to pay a $1,000 fine.

Outside of the penalties outlined above, an individual who is caught driving on a suspended license may also need to pay to have their car released from being impounded.

None of these penalties are pleasant and, as such, it’s best to avoid being caught driving on a suspended license. But, if an event of that sort has already occurred, there are ways of crafting a defense and, then, reinstating one’s license.

How Can You Defend Yourself If You’re Caught Driving On A Suspended License? 

Right before an individual can be convicted of driving on a suspended license, the prosecution must establish several factors.

Disproving the presence of these factors will weaken the credibility of a case. By weakening the credibility of a case, the case can be thrown out, preventing a potential conviction.

The most notable factors that must be established, when attempting to prove that an individual was driving on a suspended license, are as follows:

• The driver’s license was suspended when the driver was found operating the vehicle.
• The driver was, in fact, operating the vehicle.
• The driver was aware of their license suspension.
• The driver was pulled over for a valid reason.

Each one of these facts must be established by the prosecution. A failure to establish these facts will lead to the case being thrown out.

Just as an example, many drivers are not pulled over for a valid reason. It’s not uncommon for an arresting officer to have no reasonable suspicion to pull over an individual and, as such, no legal grounds to arrest that individual. By proving that this is the case, the case can be thrown out of court.

Outside of the above, the three other factors must also be established. But, if they cannot be established by the prosecution, then the case will be thrown out.

How Can You Clear Your Suspended Driver’s License? 

If your driver’s license was suspended due to unpaid tickets or unpaid court fines/costs then a driver may reinstate their driver’s license by conducting the following actions:

• Pay any necessary fines and/or judgements and costs.
• Submit proof of payment to the Motor Vehicle Administration and verify that the suspension is being lifted.

Outside of the actions outlined above, a driver with a suspended license may need to:

• Complete a Driver Improvement Program, if that had been ordered.
• Finish serving any defined time suspension without further infraction and apply for a re-issued license.

Each one of these actions will enable a driver with a suspended license to clear their suspended driver’s license.

Do You Need Legal Help? 

If you need legal assistance with a criminal case in Maryland, it can be greatly beneficial to contact a trusted Bel Air DUI and traffic violations lawyer. The lawyers at Schlaich & Thompson, Chartered in Bel Air, Maryland, have more than 60 years of combined legal experience in criminal and family law. If you need legal help, contact us today for an initial consultation.

Sources: 

law.lis.virginia.gov/vacode/title46.2/chapter3/section46.2-301

law.cornell.edu/wex/reasonable_suspicion