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Defending against driving with a suspended license charges

On Behalf of | Feb 11, 2021 | Misdemeanors

If you live in the Tulare area, then you know that it’s practically impossible to live a normal life without being able to drive. That’s why those who have had their license suspended or revoked often find it difficult to get to work, school, to relatives to provide care, and even to the grocery store to ensure that they can put food on the table. Yet, driving on a suspended or revoked license can come with serious consequences, including jail time and a fine of up to $1,000. That’s why if you’ve been accused of this offense, then you need to know how to best defend yourself.

Building your defense

In order to obtain a misdemeanor conviction for driving on a suspended or revoked license, the prosecution has to show that you drove, of course, while your license was suspended or revoked and that you knew that your license was suspended or revoked. This last element, knowledge, can open a door for your defense. The State can prove knowledge if you admit to it, but they can also prove it if they can show that the Department of Motor Vehicles mailed notice of your suspension or revocation to your last known address and that notice did not return undeliverable. So if you can show that notice was mailed to an old address, then you might be able to escape conviction.

Another defense option is to show necessity. Here, you admit that you broke the law by driving on a suspended or revoked license, but you only did so because you had to. This could be an emergency, like taking someone or yourself to the hospital, or when fleeing a dangerous situation.

Know how to fight to protect yourself

Misdemeanor charges might seem minor, but they can have a major impact on your life. That’s why it might be in your best interests to seek legal counsel when dealing with these matters. Hopefully then you can develop the criminal defense that you need to reach a positive outcome that best positions you for your future.

 

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John Patrick Ryan has been practicing law for over 20 years. Experienced in criminal law. U.S. Navy Veteran.