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4 Defenses for Driving With a Suspended License
Admin • Jan 01, 2020
In the state of Missouri, driving on a suspended license is a class A misdemeanor, which carries a penalty of up to $1000 and a year in jail after multiple convictions. Those who are convicted of driving on a suspended license four or more times or who have previous drunk driving charges, can face a class D felony and up to four years in jail for driving on a suspended license.
If you face these criminal penalties, you may wish to fight the charges against you. A criminal defense attorney can help you. Here are four of the most common defenses that an attorney can raise to help defend you against a driving on a suspended license charge.
1. You Were Unaware Your License Was Suspended
It is the state's burden to prove that you were notified of the license suspension.
A driver's license can be suspended for a number of reasons. If you were convicted of a DUI or if you were caught driving without insurance, a judge may suspend your license. In these cases, the judge must tell you that your license is suspended immediately. If they fail to do so, you were not notified and therefore cannot be convicted of driving on a suspended license.
If your license is suspended due to unpaid parking tickets, because of too many points on your driving record, or for outstanding child support, the DMV must notify you that the license is suspend. If the DMV cannot prove that they notified you, such as showing a tracking number for a letter they mailed to you, the charges may not stick.
2. Your License Should Have Never Been Suspended
Mistakes can occur. You may have mailed a payment for an outstanding traffic ticket. During the time your payment was being processed, the DMV may have suspended your license. In this case, your license should not have been suspended if you paid by the due by date.
A criminal defense attorney can review the circumstances of your case and work to show the courts that your license should have never been suspended, which may help get the charges against you dismissed.
3. You Took Action to Correct the Suspension
If you know that your license was suspended, you may have taken action to correct the suspension. For example, if your license was suspended for parking tickets, you may have paid those tickets. You may assume that once you correct the problem that lead to the suspension, the suspension will be lifted.
However, you need to go through multiple steps to get a suspended license lifted. If you took action to correct the suspension, but unknowingly failed to complete all of the required steps, a criminal defense attorney may show the courts that you tried to correct the suspension and therefore were unknowingly driving on a still suspended license.
4. There Were Mitigating Circumstances
If your driver's license is suspended, you are not allowed to drive. However, emergencies occur, and there may be mitigating circumstances as to why you were driving. You may have had a family member who was rushed to the hospital, or your child's school may have called and only you were available to pick up your sick child.
An attorney can tell a judge that there were mitigating circumstances as to why you were driving, and emphasize that you were only driving for this reason. Ultimately, a judge has discretion whether to grant leniency or not for driving under mitigating circumstances.
Driving on a suspended license is a crime that carries severe penalties. If you were arrested for driving on a suspended license, you will want to work with a criminal defense attorney who can defend you against these charges. At David Naumann & Associates, serving the St. Louis, Missouri area, we will work hard to fight these charges. Contact us
today to discuss your case.
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