Driving on a Suspended License: Misdemeanors and Reinstatement

In California, there are several possible reasons why an individual will have his or her license suspended. Your driver’s license could be suspended if you have been charged with driving under the influence (DUI), have been involved in a hit and run, or if you fail or refuse to pay fines and penalties for a traffic ticket (or any traffic violations).

While it is unlikely that you will be charged with a misdemeanor for an unpaid speeding ticket that you eventually dealt with, disregarding traffic tickets from previous violations can lead to a suspended driver’s license.

A habitual offender may also get their license suspended. In some cases, the suspension of a license (and driving privileges that come with it) is caused by missing a hearing, failure to appear in court, or not being able to fulfill probation terms. The court can also suspend your driver’s license is you had been negligent in paying child support.

On Misdemeanors

Under California statute, driving while suspended (or driving with a revoked license) is considered a misdemeanor criminal offense. It is advisable for an offender to consult with an experienced criminal defense lawyer as soon as possible. While a license suspension might seem straightforward, interpreting a court order and managing criminal charges is something you cannot do on your own.

If you have been caught driving on a suspended license, a criminal complaint shall be filed by the district attorney. As with any legal proceeding, make sure you attend any court hearings. The consequences of driving while your license is suspended is a lot more complex than it seems. If the prosecutor summons you, appear in the concerned criminal court with your defense lawyer. Depending on the actual circumstance, you can be arrested and held punishable for failure to appear in court. Jail time and other extreme sanctions are the last things you and your criminal defense lawyer would want.

It is possible to reduce or even avoid the consequences of the charges against you. This is why you should get a defense attorney who is experienced in handling traffic violations and misdemeanor cases.

In trying to avoid conviction, the common defense strategy is to plead not guilty. Depending, of course, on the offenses cited, the traffic citation, and how your criminal defense attorney handles your case, you can have the case eventually dismissed.

On Reinstatement

Reinstating a suspended license follows a certain process. The first step to have your license reinstated is to have any holds from the Department of Motor Vehicles (DMV) removed from your record. License reinstatement could not be as stressful if you follow the procedures carefully. You cannot just apply for a new license when your previous driver’s license has been revoked or suspended. Instead, you will have to wait out your period of revocation and then apply for license reinstatement.

An individual’s records with the California DMV are crucial in license restoration or reinstatement. After the suspension, submit all relevant requirements and pay the necessary reinstatement fees to the DMV office. They will then reinstate your driver’s license following standard processing times. You will receive a document you can temporarily use since the issuance of the new license card often takes three to four weeks.

If your driver’s license has been suspended and you knowingly drove your vehicle, contact a lawyer knowledgeable on criminal and driving law. The court allows an individual to have a certain payment plan. You can avoid being charged with a grave offense if you comply with the orders of the court such as by paying the fines and penalties associated with the violated driving laws.

Licenses may be suspended for several reasons. A license suspension and driving when your license had been suspended can have undesirable effects. Seek legal help to avoid further damaging your driving record and criminal record. Call the Law Offices of Marc Grossman for a free consultation.