By Attorney James Czarnecki| Czarnecki & Taylor PLLC | OCT 15, 2022
Driving on a suspended license in Michigan can be a vicious circle of additional suspensions, fines and costs, arrests, and possible jail time. Additionally, having your driver’s license suspended makes it much more challenging to get around and carry out daily activities, which can seriously impact your personal and work life. More on what is a Michigan DWLS charge.
Driving on a suspended license in Michigan is a serious offense, as it is a criminal misdemeanor that can be elevated to a felony under certain circumstances. If caught driving with a suspended license, you could face harsh penalties such as fines and jail time. Your car may be impounded, resulting in further costs. To avoid these consequences, you must understand why your license was suspended and what steps to take to reinstate your license.
Criminal penalties for driving on a suspended license in Michigan.
The critical thing to remember is that a DWLS is not just a traffic ticket but a crime. You will have to appear in district court before a judge. A first offense of driving on a suspended license in Michigan carries a maximum sentence of up to $500 in fines and possibly 93 days in jail.
For a second offense, DWLS carries fines of up to $1000, up to one year of jail, and more fines and costs. Unfortunately, the second offense of DWLS also requires an additional term of suspension. This is how the vicious circle of arrest, a conviction for DWLS, and an additional suspension continues.
Why does someone’s license get suspended?
One of the most common reasons someone’s license gets suspended is by failing to pay for traffic tickets. This happens when the police ticket you for speeding or other violations. Another common reason for suspension is failure to pay child support payments or other financial obligations.
Steps to take to fix your suspended license.
Fortunately, there are steps you can take to minimize the risks of getting pulled over or arrested for driving on a suspended license in Michigan. The first step is to understand why your driver’s license has been suspended. Possible reasons for suspending a driver’s license include getting multiple traffic violations, failing to pay traffic tickets or child support, or committing a serious driving offense such as drunk driving.
To avoid having your license suspended, you must keep up with all the payments and citations you are responsible for with the courts. If you get a ticket, you must pay it to avoid suspension. You can also work with an attorney to help you navigate the legal system and resolve traffic issues, saving you money and points by having the ticket reduced to something that does not get reported to the SOS and has zero points.
If you have been issued a driver’s license suspension, your first step should be to determine the terms of your suspension and how long it will last. This information can typically be found by contacting the Secretary of State or a branch office and obtaining your driving record. Your record will list all outstanding suspensions. You may also need to check with your local SOS office for additional information about your specific situation.
Once you have this information, it is important to follow any instructions by the court or SOS to fix your license. For example, some people with suspended licenses may be required pay off their tickets or attend traffic school to reinstate their license. A lawyer will guide you through the process and make sure everything is done correctly. Also, a lawyer can get the DWLS reduced to an offense that does not result in additional suspensions.
Ultimately, the best way to deal with a driver’s license suspension and minimize any risks associated with it is to take your situation seriously and follow the instructions given to you by a lawyer. By doing so, you can protect yourself from further suspensions, legal trouble, and ensure that your driver’s license is reinstated as quickly as possible.
If you face a suspended license charge, talk to an attorney as soon as possible. An attorney can advise you on what steps to take next and represent your interests throughout the legal process so you can get back on the road as quickly as possible. You can get back to driving with the right legal representation and avoid any further legal consequences.​
An attorney can help you understand the consequences of this offense and work with you to develop a defense strategy not only for your case but steps you can take to restore your license. An attorney will represent you in court and argue for reduced penalties or reductions based on the details of your situation. For more information about driving on a suspended license in Michigan, talk to an experienced criminal defense lawyer today.
How a lawyer can help you resolve your Michigan driving on a suspended license.
An attorney’s first goal is to get your case dismissed. If you are facing a driving on suspended license charge in Michigan, it is essential to understand how to get the DWLS dismissed.
One of the first things you should do is talk to an attorney with experience handling these types of cases. An experienced lawyer can review your case, determine what defenses may be available in your situation, and advise you on whether it makes sense to fight or plead guilty.
When trying to get your driving on a suspended license charge dismissed, one of the first things to consider is whether you received a notice from the SOS informing you that your license was suspended. This may involve requesting records from the SOS or submitting documentation from other sources such as the court or the police department. If you can show that you did not receive adequate notice of your suspension, this may be enough to get the charges dismissed.
Another thing you can do to improve your chances of having the charges dismissed is to resolve any underlying issues that led to your suspension or revocation. For example, if you had your license suspended due to unpaid traffic tickets, Czarnecki & Taylor can arrange for you to pay those tickets, get the DWLS dismissed, and get your license reinstated.
Our office may be able to reduce your DWLS charge to “allowing an unlicensed driver to drive.” This is a zero-point misdemeanor that is not reported to the SOS or your criminal history. More importantly, this charge does not result in another suspension. If that plea deal is unavailable, then we can argue that your DWLS should be reduced to “no operator’s license on person.” Although a No Ops is a misdemeanor, it does not get put on your criminal history and does not result in a required license suspension. It does, however, get reported to the SOS, however. Additionally, there is a very low likelihood you will be on probation for either charge. Short of a dismissal, the options are two of the best outcomes for a DWLS.
If you have multiple DWLS convictions, your attorney’s aim will be to keep you out of jail by plea-bargaining a reduction in sentence or getting a recommendation for no jail time from the prosecutor.
By the way, here is another article on how to reinstate your suspended Michigan license.
Overall, getting a driving on a suspended license charge dismissed in Michigan can be a complex process. With the help of an experienced attorney, you stand a better chance of achieving your goal. Whether you need to complete a driver’s improvement program or pay outstanding tickets in other jurisdictions, having an experienced lawyer on your side will make navigating this situation much easier and help you get back on the road as quickly as possible. With the proper legal guidance, you can successfully have this charge dismissed and move forward with your life without any additional penalties or consequences hanging over your head.
Necessity defense to DWLS.
In some cases our office argued that our clients had not choice but to drive even though their license was suspended. The necessity defense may be used to avoid a conviction. To successfully use the necessity defense, you must show that your actions were necessary to prevent greater harm, and that there were no other reasonable alternatives available to you.
The first step in using this defense is to work with your lawyer to gather evidence to support your claim that driving was necessary. For example, if there was a medical emergency, this would be a strong argument in your favor. You may also be able to use witness testimony or other evidence, such as photographs or video footage, to support your claim.
Once you have gathered the evidence, you will need to present it in court and argue that driving on a suspended license was necessary under the circumstances. The judge will then consider this information along with any other relevant factors in the case and determine whether you you should be found not guilty.
If you are facing charges for driving on a suspended license and believe that the necessity defense may apply in your case, it is important to consult with an experienced criminal defense attorney as soon as possible.
An unrepresented defendant may not understand possible defenses or plea negotiations resulting in a guilty plea to an otherwise defendable charge. Your attorney can review the circumstances of your case and help you determine whether the necessity defense may be a viable option for you.
Contact Czarnecki & Taylor
Driving on a suspended or revoked license is a serious offense in Michigan, and if you are caught driving with a suspended or revoked license, you could face stiff penalties that may affect your ability to drive for years to come. To ensure the best possible outcome in your DWLS case, it is important that you contact an experienced law firm as soon as possible after being charged.
At Czarnecki & Taylor PLLC, our legal team can help protect your legal rights and fight to have your record cleared while helping you maintain your driving privileges.
Do you have a DWLS charge? We can help. Czarnecki & Taylor PLLC’s experienced attorneys will handle your case with care and help you through every step of the process. For a free consultation, call us today at (586) 718-2345 or online for a prompt response. We are available 24/7 and have weekend and evening appointments.