|
In my more than sixteen years as a practicing criminal/traffic defense attorney, one of the more frequent offenses I see is
driving with a revoked or suspended license. The reasons for the revocation/suspension are varied. There are of course people who have lost their license because of a drunk driving conviction or some other serious traffic offense, or for a controlled substance (drug) conviction. Others are suspended/revoked because of an accumulation of twelve or more points in a twelve month period. Many are even suspended for not paying traffic tickets.
All too often, there are people whose licenses are revoked because they are classified by the DMV as habitual traffic offenders (HTO). HTO status can result from accumulating 12 moving violations in a five year period or from accumulating 4 major violations in a five year period. Major violations include, but are not limited to, drunk driving, reckless driving, fleeing an officer and refusing to take a breath, blood or urine test after a drunk driving arrest.
Driving after suspension is a non-criminal offense and carries a penalty of a fine only. The penalties for conviction of driving after revocation range from a fine of up to $2,500, mandatory imprisonment in the county jail of up to one year, or both.
Sadly, many of these cases are avoidable. Often, the situation is like a snowball rolling downhill. A person gets a speeding ticket, does not pay the fine, gets a license suspension, gets caught driving again, and again, and again, and ends up in jail because of what started as a simple speeding ticket.
Reinstating one’s license can involve paying overdue fines, obtaining insurance, satisfying court other obligations, or simply by paying the $50 reinstatement fee. If a license is revoked because of HTO status, it is also possible to reopen prior traffic offenses and remove the HTO status.
If reinstatement is not possible, an occupational license allows an individual to drive up to twelve hours per day and sixty hours per week for employment, educational and religious purposes.
If you are ever faced with a charge of driving after revocation or suspension, especially if potential jail time is involved, you should consider consulting an attorney experienced in criminal and traffic laws. If you are HTO, whether there are pending charges or not, you should consult an attorney to see if that can be remedied. |
