While driving with a suspended license is one of the most common crimes, it’s still a good idea to hire a Delaware criminal defense attorney. This is especially true if you’ve had several prior traffic violations.
Many people mistakenly assume that these are like any other traffic violations, and do not take the case seriously. However, any criminal defense lawyer in Delaware will tell you that an arrest for driving with a suspended license is in most cases still illegal, although just a misdemeanor. This can leave you with a permanent criminal record and will expose you to possible jail time, and paying significant fines, and perhaps even have to spend some time on probation. Even worse, as we will discuss later, in some circumstances, driving with a suspended license can come with a minimum sentence of imprisonment from 30 days to six months. If you have been arrested for driving with a suspended license, you need to retain the services of an experienced Delaware attorney.
Resolving the Charges
Resolving charges of driving with a suspended license requires a two-pronged approach. The first is the fight against criminal prosecution for driving with a suspended license in criminal court. The second involves working with the DMV (Department of Motor Vehicles) for a “restoration” of the driver’s license. Since each case is different usually we have to get in touch with the DMV directly to verify exactly why your license has been placed under suspension, and then work to eliminate these problems. Once you have resolved all the problems with the DMV, you must pay for getting the license restored. In the vast majority of cases, the attorney representing the state prosecutor’s office will want to see proof, like a letter from DMV that shows the restoration before taking any action on your case.
For first-time offenders who have not been charged with driving with a suspended license for a DUI or DWI (driving under the influence of alcohol or drugs) often, an attorney can get the state to reduce charges and lower fees.
When You Plead Guilty
The problem for those who plead guilty for driving with a suspended license is that the sentence causes additional factors for license suspension. The specific duration of this suspension is unknown and depends on several factors such as your driving history, any habitual suspensions, etc. Thus, more reasons you’ll require the advice and services of a Delaware lawyer.
In 2015, Delaware began the process of issuing driving privilege cards to undocumented immigrants, and because of this tedious process, many immigrants end up in the endless cycle of driving license suspensions.
To find a way out of this endless cycle of suspensions and get court cases resolved, immigrants should consult an experienced Delaware criminal attorney. Even with a Delaware driving privilege card, those charged with operating a vehicle without a license will still accumulate a historical accounting of driving violations, which can prevent you from receiving any future license. More importantly, any criminal conviction, even those for traffic violations, will be used against you if trying to qualify for DACA. President Trump’s administration has mobilized to use any and all reasons to deport undocumented immigrants, and any criminal convictions, even misdemeanors have become valid reasons. It is therefore very important that undocumented immigrants are very wary of driving without a driver’s card or having multiple offenses of driving with a suspended license. If you are arrested for driving without a license or driving with a suspended license contact an experienced Delaware attorney immediately.
Helping Repeat Offenders
For many first offenders, a Delaware attorney can work out arrangements to reduce charges and fees. However, repeat offenders are subject to mandatory jail time and fines. A second offense can require jail time of up to 60 days and $1,000 dollars, and habitually driving with a suspended license can net you 6 months in jail and as much as $4,000. Moreover, you could lose the privilege to drive for a year.
There are solutions to solve these driving problems, however, it is a very complicated procedure, since in most cases the State Attorney and the court will want to see some progress towards obtaining a valid driver’s license, and not repeating the same issues. The bottom line is that, if you are operating a vehicle while your license is suspended you may face a misdemeanor charge of driving with a suspended license and the possible outcomes could become a domino effect that impacts your life.