Driving On A Suspended License In Michigan Protect Your Driving Privileges. A person who has had their license revoked no longer has a license. Our office will show to a city attorney or local prosecutor all the factors that scream out of a good plea deal. This subsection does not apply to a person whose operator’s or chauffeur’s license was suspended because that person failed to answer a citation or comply with an order or judgment under section 321a. The privilege to drive is often taken for granted, but you may lose this privilege for a variety of reasons. If you need to get to Grand Rapids or other suburbs like Kentwood or Jenison, you could be looking at a 30 to 40-minute drive depending on the traffic. The maximum is now $1,000. or viewing does not constitute, an attorney-client relationship. The more convictions you get, the higher the chances are that you end up in jail. Depending on the individual facts involved, DWLS may be charged as a misdemeanor or a felony: There are circumstances where charges and penalties can be elevated, and the risk of felonies and imprisonment increased. If you have a trial, the case will be held in front of a district court judge. In some cases, you may even be charged with a felony. In Michigan, a person may have their driver’s license suspended or revoked for a number of reasons. Essential for driving on a year before you are convicted of or the job. The other major advantage of this plea deal is there are no points added to your driver’s license. Like all states, Michigan may suspend or revoke your driving privileges for many reasons. (6) In addition to being subject to any other penalty provided for in this act, if a person is convicted under subsection (4) or (5), the court may impose the sanction permitted under section 625n. Driving on a suspended license is a misdemeanor traffic violation in Michigan. Therefore, if you were serving a one-year revocation for a second OWI and were convicted of a second DWLR then the judge could extend the revocation to two years from the date of sentencing. The Criminal Defense Law Center of West Michigan will stop at nothing to make sure all mitigating factors are presented to the local prosecutor in order to get you the best results possible! Call Shawn now at 616-438-6719 for a free case strategy session. If the certificate was mailed out later than notice was issued, a member of the Michigan Secretary of State may have to verify its authenticity if the prosecutor hopes to have this evidence admitted into trial. As mentioned above MCL 257.904 covers both DWLS and DWLR. Driving on a Suspended or Revoked License in Michigan – Part 1 – The Different Charges and Meanings September 16, 2009 | by Jeffrey J. Randa Most people don’t know that the terms DWLS, DWLS/R/D, Driving While License Suspended and Driving While License Suspended, Revoked or Denied are all violations of the same Law. There are also a great many reasons why keeping your driving privileges may be vital to your livelihood and essential for your lifestyle. Okemos, Driving on a Suspended License is about the most common Offense that I see. Suite 340 Depending on the violation and how it is resolved, you may be fined, referred to a special program or, in the most serious situations, sent to jail. A person can drive a vehicle on Michigan roads when a person’s life or property is endangered. Local prosecutors have very little sympathy for people driving on the roads when they shouldn’t be because prior problems with driving and driving. Driver License Restoration Appeal to Circuit Court . Home » Practice Areas » Detroit Traffic Ticket Lawyer » Detroit Suspended License Lawyer. Misdemeanors. One of these many offenses involves driving with a suspended license (DWLS). I saw a kid run a stop sign at a local Meijer’s store and he was pulled over and issued a citation because it was considered an open place to the public. Driving on a Suspended License in Michigan: What You Need to Know, Traffic offenses (unpaid traffic tickets, too many points, etc. These include cases involving: In Michigan, if your license is suspended, you may be able to obtain a restricted license that allows for limited driving to places such as school, work, alcohol or drug treatment, or to get emergency medical care. If you drive with a suspended or revoked license, you may be charged with a crime. Driving on a suspended or revoked license in Michigan is a misdemeanor offense. Nothing on this site should be taken as legal advice for any individual This charge is a felony that results in a person facing up to five years in prison and a huge fine of up to $5,000. Here in West Michigan, the public transportation system is not where it should be. The installation of an ignition interlock device may be required. Driving With a Suspended License in Michigan | DWLS Driving With a Suspended License As a criminal law firm with over 30 years of experience, we’ve successfully represented clients charged with a variety of criminal offenses. Unfortunately, a second offense DWLS or DWLR also carries an additional term of suspension or revocation. (5) A person who operates a motor vehicle in violation of subsection (1) or a person whose operator’s or chauffeur’s license or registration certificate has been suspended or revoked by another state who operates a motor vehicle during the period of suspension or revocation and who, by operation of that motor vehicle, causes the serious impairment of a body function of another person is guilty of a felony punishable by imprisonment for not more than 5 years or a fine of not less than $1,000.00 or more than $5,000.00, or both. Driving on a Suspended License Lawyer in Michigan (DWLS) Not having a driver’s license in Michigan is a serious burden. The elements required to get a conviction for DWLS or DWLR are a person has to have 1. However, the circumstances surrounding an arrest and allegation for DWLS/DWLR can play a significant role in determining the charges and penalties you face, and your options. Driving While Suspended or Revoked A person who operates a vehicle while on a suspended or revoked license is subject to fines, jail time, and additional license penalties. The process to reinstate your license can seem daunting and complicated, let alone the toll of not having a license takes on your personal and professional obligations. Just like prosecutors who have very little sympathy for those who lose their license from a DUI, judges feel the same way and are more likely to hammer someone for a DWLR than DWLS. Though there are serious penalties on the line, individuals charged with DWLS do have the right to defend themselves against the government’s accusations. Attorney Shawn HaffWe are available by phone 24/7, Driving While License is Suspended (DWLS), 250 Monroe Ave NW Suite 304 Grand Rapids, MI 49503, Delivery Manufacture Of A Controlled Substance. Unless the vehicle was stolen, the registration plates of the vehicle shall be canceled by the secretary of state upon notification by a peace officer. We will fight hard to get your case dismissed. Therefore, a Driver who drives while their License is Suspended is violating the same law as someone who drives after having their License has been Revoked. There are times where the Secretary of State has had a technical glitch and we have even seen times where a person gave a law enforcement officer a fake name when they were pulled over and a poor innocent person gets notice of a court date. A person could have their license suspended for having too many points on their driving record for speeding. We ease our clients concerns and outline a comprehensive defense that will get our clients the best results possible. case or situation. Mandatory Driver License Suspensions and Revocations. So, unless an acquittal is possible in a case, this is the next best possible resolution. Driving on a suspended or revoked license in Michigan is a misdemeanor offense. Driving without a license is a common charge in Michigan, a state that, with few public transportation options, can be challenging to get around. Shawn knows how to get results and will stop at nothing to get you an acquittal of the best results possible. Penalties for Driving With a Suspended License in Michigan No matter what reason a license has been suspended for, when a person is caught driving, the charge is misdemeanor and a defendant can be sentenced up to 93 … You need a knowledgeable attorney’s advice as soon as possible. Driving While License Suspended Third and Fourth Offense. There is also an additional suspension or revocation. The statue is long, but is important to give you the full context of the law: 1) A person whose operator’s or chauffeur’s license or registration certificate has been suspended or revoked, whose application for license has been denied, or who has never applied for a license, shall not operate a motor vehicle upon a highway or other place open to the general public or generally accessible to motor vehicles, including an area designated for the parking of motor vehicles, within this state. Trying a case by yourself would be the absolute worst possible thing to do! The burden people face in Michigan for not having a driver’s license is a harsh one. For instance, a person could have their license suspended for having too many unpaid parking tickets, having more than 12 points on their license, or violating the provisions of a restricted license, like driving outside of the approved hours. In Michigan, driving on a suspended, revoked, or denied driver's license is a common offense. Generally, however, these strategies may focus on: Whether you’ve been charged with a first offense DWLS or DWLR, or have previous convictions or aggravating factors involved in your case, these charges demand immediate attention from experienced lawyers. If the vehicle is not ordered forfeited under section 625n, the court shall order vehicle immobilization under section 904d in the judgment of sentence. Driving Without a License in Michigan. Reinstating a Michigan Suspended License. An individual may get their license suspended for having too making parking tickets that are not paid. Michigan law states the following: MCL 257.904 This extension can range from restarting the original period, to run from the time of sentencing, up to and including, doubling the original term. (8) If the prosecuting attorney intends to seek an enhanced sentence under this section based upon the defendant having 1 or more prior convictions, the prosecuting attorney shall include on the complaint and information, or an amended complaint and information, filed in district court, circuit court, municipal court, or family division of circuit court, a statement listing the defendant’s prior convictions. After your suspension is over, you will receive a written notice of restoration, with instructions on how to restore your license. The authority for prosecutors and city attorneys to change someone for driving without a license is found from the statue that is found at MCL 257.904. Michigan driver’s license restoration attorneys know that you potentially face a criminal charge if you are found to be driving on a license that has been suspended or revoked, regardless of the reason. You may not have a driver’s license for reasons that have nothing to do with your ability to safely drive. (7) A person shall not knowingly permit a motor vehicle owned by the person to be operated upon a highway or other place open to the general public or generally accessible to motor vehicles, including an area designated for the parking of vehicles, within this state, by a person whose license or registration certificate is suspended or revoked, whose application for license has been denied, or who has never been licensed except as permitted by this act. There is a major difference though between these two charges. In 2019, Michigan handed out 365,965 license suspensions for those reasons, including multiple suspensions for some drivers, according to the Secretary of State's Office. We will show you how to show the judge and prosecutor you are on the right path. It could be you needed to get to work or had a job interview. If you don’t have a driver’s license, you have probably driven someone without one. Shawn can get you results in Grand Rapids, Michigan and all courts in West Michigan. Attorney Shawn Haff has a zero-tolerance policy when it comes to defending his clients and protecting their rights. A local prosecutor is not going to take your word for it that you were having a medical necessity. Driving on a Suspended License in Michigan Michigan law makes it a crime to drive with a suspended or revoked license, and enforces what can be severe penalties upon conviction. Contact us to discuss your case. Call now! (3) Except as otherwise provided in this section, a person who violates subsection (1) or (2) is guilty of a misdemeanor punishable as follows: (a) For a first violation, by imprisonment for not more than 93 days or a fine of not more than $500.00, or both. Misdemeanor: $100-$500 fine; additional fine of $50; imprisonment for no more than 180 days; immediate vehicle impoundment; possible license suspension increase by 6 months.. Alaska §28.15.291 (First Offense) Class A Misdemeanor: 10 day suspended imprisonment provided at … If a person is convicted of driving while license suspended or revoked in Michigan, he or she is subject to the following consequences: For a first offense, a person is guilty of a misdemeanor punishable by up to 93 days in jail or a fine up to $500.00, or both. While all of the penalties are severe, the specific penalties vary greatly depending on the facts and circumstances of each offense. Many prosecutors and judges show no mercy to people who claim ignorance. A second offense of either DWLS or DWLR carries fines of up to $1000 and up to one year of jail plus additional court costs. Driving Without a License Michigan is a crime that carries the same penalties as DWLS. If you are convicted for a first offense of Driving While License Suspended or Driving While License Revoked, you will be facing up to 93 days in jail and a fine of up to $500. These additional punishments can be restarting the original period of suspension. A person convicted for this offense will be facing a mandator license suspension, license plate confiscation, having their vehicle immobilized for at least one year and up to three years. Michigan law makes it a crime to drive with a suspended or revoked license, and enforces what can be severe penalties upon conviction. What Happens If I’m Caught Driving with a Suspended License? Attorney Shawn Haff also sees people get their license suspended for driving during hours of the day that are in violation of a restriction of their license. The installation of an ignition interlock device may be required. Penalties. Driving On A Suspended License Laws In Michigan The authority for prosecutors and city attorneys to change someone for driving without a license is found from the statue that is found at MCL 257.904. Detroit Suspended License Lawyer. Driving with a suspended license which leads to an accident causing injuries can be treated as a felony and carries as much as 5 years prison term. They reversed the defendant’s conviction for DWLS because the prosecutor only presented evidence of the accused driving record and offered no evidence of notice from the Secretary of State. For a first misdemeanor conviction, the driver faces up to 93 days in jail, a maximum $500 fine, and cancelation of registration plates. This subsection does not apply to a person whose operator’s or chauffeur’s license was suspended because that person failed to answer a citation or comply with an order or judgment under section 321a. Being convicted of a Driving While License Suspended charge can lead to additional sanctions on your Michigan drivers license and can even result in jail time. Unless the vehicle was stolen or used with the permission of a person who did not knowingly permit an unlicensed driver to operate the vehicle, the registration plates of the vehicle shall be canceled by the secretary of state upon notification by a peace officer. MICHIGAN VEHICLE CODE (EXCERPT) Act 300 of 1949 257.904 Operating vehicle if license, registration certificate, or vehicle group designation suspended, revoked, or denied; penalty; extending period of suspension or revocation; enhanced sentence; furnishing record … Being convicted of a Driving While License Suspended charge can lead to additional sanctions on your Michigan drivers license and can even result in jail time. A person caught driving on a Suspended License at 7:45 am after taking the kids to school, or on their way to work is going to be an easier mark for a “break” than someone who has had their License Revoked for a few DUI’s and who is caught driving home, at about 11:00 pm, and even though they may not have had a sip of alcohol, from a Red Wings game. If a person permitted to operate a motor vehicle in violation of this subsection causes the death of another person by operation of that motor vehicle, the person knowingly permitting the operation of that motor vehicle is guilty of a felony punishable by imprisonment for not more than 5 years, or a fine of not less than $1,000.00 or more than $5,000.00, or both. As you can see, the statute essentially lumps Driving while License Suspended, Revoked, or Denied (as well as driving when no license was ever applied for) all in the same category. A person faces up to one year in jail and court costs. Defense Strategies It is very rare that a person goes to jail for a first offense conviction of this charge. Motorcyclists are about 28 times more likely than people in passenger cars to die in a traffic crash ... 2549 Jolly Road The difference is how a lawyer will argue and defend the case and how the judge will go about sentencing the defendant. For most people, it is nearly impossible not to drive at one point or another, particularly considering the lack of public transportation in the state. You could go into court and enter a guilty plea at your arraignment and not be at risk of incarceration. A lot of people are shocked to find out the ticket they gave was not for a civil infraction but was a misdemeanor criminal offense that requires to them come to court. MI (4) A person who operates a motor vehicle in violation of subsection (1) or a person whose operator’s or chauffeur’s license or registration certificate has been suspended or revoked by another state who operates a motor vehicle during the period of suspension or revocation and who, by operation of that motor vehicle, causes the death of another person is guilty of a felony punishable by imprisonment for not more than 15 years or a fine of not less than $2,500.00 or more than $10,000.00, or both. If this is a first offense of this nature, you face a potential sentence of up to 93 days in jail and up to $500. Our Okemos criminal defense attorneys at White Law PLLC are readily available to help you protect your rights and driving privileges. (b) For a violation that occurs after a prior conviction, by imprisonment for not more than 1 year or a fine of not more than $1,000.00, or both. However, the circumstances surrounding an arrest and allegation for DWLS/DWLR can play a significant role in determining the charges and penalties you face, and your options. If you can’t win your case, a great criminal defense attorney can skillfully argue and persuade city attorneys and local judges that the situation and circumstances that led to the arrest call for a reduction or dismissal of the charges. A person who is foolish enough to do this is putting their future well being in serious jeopardy. Alabama §32-6-19. Driver License Suspension in Michigan If the Michigan Secretary of State (SOS) suspended your driver’s license, you’ll need to satisfy your suspension requirements to have it reinstated. You must have two of these priors within the past seven years. Do not hire a lawyer for this charge because they tell you they can keep you out of jail. If you are caught driving on a suspended license, whether you knew it was suspended or not, you could be facing serious consequences. Michigan DWLS Explained & Outlined. ), Failure to stop and render aid at the scene of an accident, Lack of knowledge that a license was suspended, Driving on a suspended license was done in response to an emergency, Reducing charges from felonies to misdemeanors, Avoiding, reducing, or pursing alternatives to jail or prison sentences, Minimizing impact to driving privileges / license reinstatement. If you license is suspended for not paying a reinstatement fee, it will be reinstated immediately after those fees are paid. If a person permitted to operate a motor vehicle in violation of this subsection causes the serious impairment of a body function of another person by operation of that motor vehicle, the person knowingly permitting the operation of that motor vehicle is guilty of a felony punishable by imprisonment for not more than 2 years, or a fine of not less than $1,000.00 or more than $5,000.00, or both. Driving While License Suspended is sometimes referred to as Driving While License Invalid, Driving While License Revoked, or Driving in Violation of Restricted License. Michigan issues hundreds of thousands of license suspensions annually for nonpayment of fines and fees and failure to appear in court, a penalty mandated by law. A second conviction may result in up to 1 year imprisonment as well as up to $1,000 in fines. While these situations do not happen all the time, our lawyers will fight hard for you to get the best results possible under these circumstances. If you have been charged with driving with a suspended or revoked driver’s license, your legal situation is critical. Citation. State Penalties for Driving Without a License; States. The Michigan Driver Responsibility Law places heavy penalties on individuals who drive on a suspended license. Rarely have we seen someone come into our office and tell us they were issued a DWLS or DWLR misdemeanor ticket when they were caught driving. Let’s look at the language found at MCL 257.904 and see what a city attorney or prosecutor has to prove in order to get a conviction.
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