Driving on a Suspended License in Mecklenburg
Driving with a suspended license is a traffic criminal case and a class one misdemeanor offense. Driver’s must go to court for any circumstance of driving with a license suspension.
There are various ways that someone’s license could be suspended. Anyone who is driving on a suspended license in Mecklenburg should have received a notice after their suspension. They can be charged but depending on the circumstances, like a lost suspension notice in the mail, might not be enough to convict someone of driving while suspended.
There are some emergency exceptions which can affect a conviction for driving revoked or suspended, however, uncommon. If facing such charges, it is important to consult an experienced traffic defense lawyer as soon as possible.
Aggravating Factors for the Driver
The main aggravating factor is going to be a person’s driving record. Aggravating factors for driving on a suspended license in Mecklenburg include having a long history of a driving while suspended conviction, driving with a child in the car, reckless or drunk driving.
These things impact the way the individual will be charged. Driving while suspended can be an offense for their arrest on the side of the road. If they have a better record or better circumstances, the officers could allow them to make an arrangement where they do not have to be arrested and have their car impounded.
Prosecution and Penalties in Mecklenburg
The Mecklenburg County Commonwealth Attorney’s Office will prosecute some of the lower first and second offense driving while suspended charges and occasionally the court and the Commonwealth attorney’s office will work with people if they have already gotten their licenses back by the time they are advised of their right to an attorney by the court which may allow them to avoid trial.
The penalty for a Class 1 misdemeanor is jail time of up to 12 months and a fine of up to $2,500. Courts are wary of imposing more of a crime because people often could not pay their costs and fines. Most frequently, a person is looking at another license suspension and jail time depending on what number of drive suspended ranges, or they are looking at mandatory jail time that the judge has no choice but to impose, and it goes up from there.
If a person gets between one and four more charges within 10-years, the courts account for mandatory jail time and the Commonwealth is going to argue strongly for jail time. They might also seek a specific number of years in jail, such as one year.
Court Considerations
Mecklenburg driving suspensions are administrative. The type of notice is detailed on a person’s driving record, whether or not they were notified by law enforcement. Being notified by mail is a common way that people miss this notice, then begin driving with no idea that their license had been suspended. This is considered the first line of defense.
Emergency situations such as driving another person to the hospital with a suspended license will be taken into account. If a person is driving a person who is drunk, the courts consider that. If a person is driving to work or to pick up a child, that is a better reason that going to get cigarettes or something like that. There are a lot of individual things that can be more mitigating than other circumstances.
Importance of a Local Mecklenburg Traffic Attorney
It is important to contact someone local to get an idea of what the court frequently imposes in these types of cases of driving on a suspended license in Mecklenburg. The individual is looking at a mandatory time of 10 days, and sometimes the driving while suspended time can impose up to 12 months. Getting an idea of what a person is looking at and whether or not they have an initial defense and in lieu of that, whether or not they have facts to mitigate the driving behavior, a person wants to have an attorney to go over all of it.