Bethesda Driving on a Suspended License Lawyer
In order to be convicted of driving on a suspended or revoked license in Bethesda, the driver must have knowledge of his or her license being suspended or revoked. This does not have to be actual knowledge, but it can be inferred knowledge. That means that the individual does not have to admit to the police that he or she knew about the license suspension, but that a judge can determine from all of the circumstances present that the individual knew, or should have known, that his or her license was suspended.
If you are facing penalties for driving with a suspended license, it is pertinent that you hire a Bethesda driving on a suspended license lawyer as soon as possible. An experienced attorney in Bethesda can best help to reduce any consequences you may be facing.
Proving knowledge is the burden of the prosecution. Sometimes, the police will ask, and the driver will admit that he or she has a suspended or revoked license. Sometimes, the driver has no license in his or her possession, and the court will infer that the person knew that his or her license was suspended based on the fact that he or she was not carrying it.
The most common way for the prosecution to prove that a driver had knowledge of a suspension is to show that the MVA mailed a letter to the driver informing him or her that their license was suspended. The burden of proving knowledge can be effectively combatted through the assistance of a Bethesda suspended license lawyer.
Even if the letter was returned because of a bad address, this is still a way to infer knowledge. A failure to deliver the letter, even if it is not the fault of the driver, does not necessarily stop a judge from inferring knowledge.
Driving with a suspended or revoked license is a misdemeanor, and can result in a year of incarceration, up to a $1,000 fine, and up to 12 points on an individual’s driving record. Driving with a revoked license will typically result in a longer loss of driving privileges than driving with a suspended license.
Driving with a suspended or revoked license is a jailable traffic offense, which is why it is so cricual to utilize the experience of a Bethesda driving on a suspended license attorney. Additionally, it is a must appear citation. As such, an individual must appear in front of a judge at their scheduled court hearing. A prosecutor from the state’s attorney’s office will handle the case against the individual. The prosecutor in a driving with a suspended or revoked license charge must prove each element of the sentence to a judge or jury. The standard required to sustain a guilty charge is to find proof beyond a reasonable doubt. That means that in order for an individual to be convicted, the state must prove each element to a moral certainty.
It is extremely unlikely for someone to be sent to jail on a first conviction for driving with a suspended or revoked license. However, a lengthy incarceration period is very possible for a repeat offender who continues to drive on a suspended or revoked license. A driving on a suspended license lawyer in Bethesda can best help to lessen any penalties an individual is facing.
If an individual’s suspended or revoked license was due to a DUI, or leaving the scene of an accident involving injuries or death, those situations would likely be considered aggravating factors and would increase an individual’s penalties. A mitigating factor is when a driver can prove that he or she had no knowledge of the suspended or a revoked license.
A driving while unlicensed conviction may hinder an individual’s ability to obtain a new license in the future. Furthermore, points will be assessed to an individual’s license, and the individual can also lose the privilege to drive for several months, which can then lead to a person losing their job. Also, an individual’s insurance rates will certainly increase.
Building a Defense
In order to be convicted of driving with a suspended license in Columbia, the state must prove that the individual knew or should have known that they had a suspended license at the time that they were caught driving. The assistance of a knowledgeable Bethesda driving on a suspended license lawyer is invaluable in these circumstances. A defense to this could be that the individual was not given notice.
Also, in order to be convicted of driving on a suspended license, the state must prove that the traffic stop, if there was one, led to the officer’s discovery that the individual had a suspended license. The traffic stop has to be initiated for a valid reason. A defense in that situation can be that there was no probable cause for an officer to pull the individual over.
Role of an Attorney
It is important to contact a Bethesda driving on a suspended license attorney in a driving with a suspended or revoked license case because an individual is often facing very serious consequences.
A lawyer may be able to present mitigating factors in order to get the penalties reduced or have the charge dismissed. It is also the lawyer’s job to look for deficiencies in the state’s case and to bring those to the attention of the judge.
A Bethesda driving on a suspended license lawyer will be able to examine the traffic stop and determine whether the officer had a valid reason to stop the individual in the first place. Further, a lawyer will decide whether the elements of the charge conclude that the stop was conducted in an appropriate manner, and whether any evidence that will be used against the individual in court was obtained in the appropriate manner.
Additionally, an individual’s charge may be reduced through the efforts of a lawyer if it is determined that at one point they were in possession of a license, but at the time that they were stopped by the officer, it was revoked or suspended. In this instance, it would be a different charge than unlicensed driving. It would also be a different charge if, at the time of the stop, an individual had a valid license, but it was not on their person or in their vehicle to give to the officer.