Everything You Need to Know About Penalties for Driving on Suspended Licenses
Driving on a suspended license may seem like a minor crime, but it is one with costs that can quickly add up and interrupt one’s life. Here’s everything you need to know about penalties for driving on a suspended license.
The penalties a court imposes will ultimately depend on the reason for the original license revocation with certain infractions warranting stricter responses than others. Most states’ laws do however have some flexibility built in that can be used as successful defenses.
Types of License Revocations
The exact frameworks for license revocations and suspensions will differ from state to state, but generally, they follow a format like this one, listed by increasing severity:
- Habitual traffic offender
- Reckless, negligent, or incompetent driving
- Driving under the influence of alcohol or drugs
Related: Driving on a Suspended Driver’s License in California
Driving after a license suspension or revocation for any of the three frameworks can lead to jail time, fines, and probation, although they are usually all charged as misdemeanors. In California, for example, driving after revocation or suspension for a habitual traffic offender can incur fines of $1000 with a thirty-day jail stay and informal probation. On the other hand, driving after revocation or suspension for reckless, negligent, or incompetent driving can lead to a three-year probation, six-month jail term, and $1000 fines.
This framework will mostly hold true, but there are small differences that may appear. Charges related to driving under the influence of alcohol or drugs are ones that can lead to unique penalties like the installation of a certified ignition interlock device.
Common Defenses for Driving on Suspended Licenses
Defenses for violating a license revocation or suspension fall into two groups: ignorance and necessity.
Ignorance is not normally a viable defense for other crimes, but in this case, if it can be proven that the accused had no knowledge of their license revocation, they can be acquitted of the charges.
Some ways to argue the ignorance defense are to show that the mail notification of license suspension or revocation was sent to an outdated address or was returned to the state as undeliverable or unclaimed. Beyond this, a person accused of driving with a suspended or revoked license does not have many more options.
Related: How to File a Car Accident Claim
The necessity defense, however, is one that is more flexible. Here, the defendant must show that they have a sufficiently good reason to commit the crime. Time-constrained health or family emergencies would likely qualify. This is not a defense for engaging in reckless driving or violating traffic laws, only for driving with a revoked or suspended license. It is also necessary to show that no other options were readily available at the time.
The viability of either defense will ultimately depend on the circumstances of one’s case, the specific laws of one’s state, and the quality of legal representation.
FAQs
What if I am in the country illegally?
Deportation laws will depend on the state, but some only deport people for crimes involving a moral failing. In such states, driving on a revoked license will not jeopardize one’s immigration status.
Can I get a conviction expunged?
After the completion of a probation period or jail time, a judge may award an expungement.
What is the difference between suspension and revocation?
The difference between license suspensions and revocations is the terms. Suspensions are temporary while revocations typically refer to permanent termination of driving privileges.
Can revoked licenses ever be reinstated?
Revocations are almost always permanent. Most first offenses only lead to license suspensions, but certain circumstances can lead straight to revocation. Reinstatement after revocation is difficult and requires the guidance of an experienced attorney.
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