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Building a Defense For Unlicensed Driving Cases

If pulled over while driving on a suspended or revoked license, you will likely face an increased set of penalties including fines and a longer suspension or revocation. For this reason it is imperative that you put forth the best defense possible so that your privledge to drive may be reinstated as soon as possible. Below, a Richmond traffic lawyer discusses the factors involved in building a defense for unlicensed driving cases and why contacting an experienced attorney is important. For more help with your case, call today and schedule a free consultation.

How Do You Build a Defense In Driving While Suspended, or License Revocation Cases?

In driving while suspended cases the best way to build a defense is to start examining why the suspension took place. Was it the result of the DUI? Was it the result of drug charges or something of that nature, and then determine if proper notice was given to the defendant.

If we can show that proper notice was not given that is a defense we can raise. In addition to that we always encourage the individual to take the necessary steps to get their license reinstated. If we can appear in court with an actual valid license it will greatly aid in mitigating this type of case and possibly help us get a significant reduction.

Why Is It Important To Contact a Richmond, Virginia Traffic Lawyer In These Cases?

It is very important to contact a Richmond attorney in a driving while suspended cases especially one where it involves multiple priors and because of what an attorney can do to try and raise defenses and raise mitigating factors. One of the things that an attorney can do is examine the actual suspension itself and see if it is valid, to see if proper notice was given but an attorney can also review the prior convictions to make sure that they were valid and to make sure that you had proper counsel during court and during those proceedings because in many instances what we can do is sometimes get a prior conviction removed so that a third offense becomes a second offense. An attorney can also assist in providing mitigating factors like getting license reinstated. In addition what an attorney has which most defendants do not is the ability to work with a prosecutor to try and reach a plea agreement and reduce the charge or in many cases have the charge amended to something that may not carry the penalties that a driving while suspended charge does.

Are There Any Aggravating Factors? Mitigating Factors?

The typical aggravating factors that we see in driving on suspended charges are if the suspension is a result of the DUI or if while driving suspended you are involved in an accident or involved in a DUI.  These factors will result in harsh penalties to include a lengthy license suspension and active jail sentence.

Some of the mitigating factors would be if there is a failure of notice, or in other words if you had no actual knowledge of the suspension and then if you can show that there was no notice provided via a letter or via a court.

In addition to that what you can also attempt to show it was the case of your driving as a result of an emergency to save a life or save a limb. In other words if a family member was injured and you were taking them to the hospital.  This would be an affirmative defense to the suspended charge and there is a possibility of a dismissal or reduction.

What Are The Long-Term Implications Of A Driving While Suspended Conviction?

The long term implications on a driving while suspended charge are number one the points. Driving while suspended will come with 3 to 6 points depending on the charge. If it is unlicensed it is 3 points. If it is driving while suspended it is 6 points. What it will also do is further extend any suspension in other words there is an additional 90 day suspension issued if there is a conviction and then once an individual gets a suspension lifted then they have to obtain is what is called a SR22 or high risk insurance which they must have for a minimum of 3 years. So there is the initial fine but there is also the long term cost of insurance that comes with such a conviction.