What happens if you get caught with a suspended license

Saturday, July 21, 2012

Should you be caught driving with a suspended license under Texas law you will be charged with a misdemeanor criminal offense. While first time offenders will likely never see the inside of a jail cell for such a crime, you could end up paying severe fines and having your license suspended for an even longer amount of time. Assuming you are stopped by a police officer and the officer finds you are driving with an invalid or suspended license once he runs a computer check of your license. Under certain circumstances the person whose finds out their license was invalid or suspended during a routine traffic stop was not aware there was a problem with their license.

The police officer may either issue you a citation to appear in court or could arrest you and take you to jail immediately. Whatever the officer decides, it is a sure bet you will not be allowed to leave by getting behind the wheel of your car. Driving with a suspended or invalid license is embarrassing as well as a potentially serious criminal charge. In order to keep your criminal and driving records clean you should not take such charges lightly, rather you should immediately hire an experienced Houston attorney who can ensure your rights and your future are properly safeguarded. A qualified attorney can also help you obtain an occupational driver’s license which covers limited driving purposes while you are getting your regular license back.

Civil or Criminal Suspension

If you received a suspension on your driver’s license as part of the penalties for driving drunk or impaired you will be required to return to the court and request an occupational driving license. If you received two convictions for having no insurance which resulted in a suspension on your license then you will need to first obtain the proper insurance then contact the Texas Department of Public Safety. You will likely be required to pay a reinstatement fee under these circumstances. Perhaps you received a DPS letter telling you they are about to suspend your license due to the fact that you have too many moving violation convictions.

This type of suspension can be contested in court, however you must act quickly. Remember that a criminal license suspension is issued by a criminal court while a civil license suspension is issued by DPS. Should you have been convicted of criminally negligent homicide involving a vehicle or convicted of eluding the police or leaving the scene of the accident which resulted in injuries or death, then you will receive an automatic suspension of your driver’s license. You could also have your driver’s license suspended if you were convicted of a Texas drug possession offense, for specific criminal mischief offenses, if you forego insurance on your vehicles or if you fail to pay child support as ordered by Texas family court.

Penalties for Driving with an Invalid or Suspended License

Should the courts find you guilty of willfully and knowingly driving with a suspended license, you could be charged with a Class C misdemeanor which is punishable by a fine of as much as $500. If the courts find you have other convictions for driving on a suspended or invalid license or if you had your license revoked due to a DWI conviction this instance of driving with a suspended license could become a Class B misdemeanor and garner you six months in county jail. Generally speaking, DPS will suspend your license for the same amount of time that it was originally suspended for. In other words if you were under a six month’s suspension of your license and were caught driving, DPS will add an additional six months onto your suspension once the original suspension ends. You may also find yourself paying fees and fines which can include towing fees, daily storage fees for your car, criminal fines which range as high as $2,000, a reinstatement fee in order to get your license back, SR-22 insurance which is almost prohibitively expensive and a Texas surcharge of $250 per year for three years.

As you can see the consequences for driving with an invalid or suspended license are very serious and can be very far-reaching. Texas traffic laws can be complex and have been known to change without warning.

Caught Driving With Suspended License – What You Need To Know

• If you’re caught driving with a suspended license in Ontario, here are 5 things you need to know.

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✅   Take our free Drive Suspend Penalty Test

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✅   Book a free, confidential meeting with lawyer, Dan Joffe

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• On a conviction, you’re facing a mandatory 6-month driving suspension.
• In some cases, you may go to jail for up to 6 months.
• And you’re facing other penalties, including fines and potential periods of probation.

• To keep the public safe, the lawmakers in Ontario want to make sure that if you drive a vehicle, that you are properly licensed.
• To achieve that objective, the law is written in a way that makes it easy to convict someone.
• And when it’s easy to convict, given the strong penalties, that will discourage people from driving while suspended.

• I just spoke about how easy it is to convict people of driving with a suspended license in Ontario.
• In that context, you should know that there are very few legal defences against this charge.
• If you get caught driving with a suspended license in Ontario, you’re facing a very difficult situation.

• Driving with a suspended license in Ontario is not a regular traffic ticket.
• It is a quasi-criminal charge.
• And, the Police will give you a summons which requires you to go to court.
• Your court appearance is mandatory.
• And if you don’t show up, you may be subject to a warrant and further charges.

• The fact that you got charged does not mean you cannot get charged again.
• In fact, many clients get charged multiple times with driving while under suspension.
• And if that happens, you’re facing very serious legal consequences, including long driving suspension times and likely jail.
• Bottom line. Do NOT drive unless you are properly licensed.

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