Introduction to Suspended and Revoked Driver’s Licenses
What is a Suspended License?
Most US states view driving as a privilege. This is contrary to the belief held by many Americans that driving is an inviolable right that cannot be taken away from them, much like the right to bear arms. In fact, the Department of Motor Vehicles (DMV) may suspend your license – that is, temporarily or indefinitely take away your driving privileges - for any of the below reasons, which may come as surprise to many:
- Refusal to submit to a field sobriety test or other chemical test such as blood, breath or urine, to detect a person driving while under the influence of alcohol or drugs.
- Driving while under the influence of alcohol or drugs, whether legal, illegal, proscription or over the counter.
- Failure to pay civil penalties for traffic violations, moving violations, or speeding tickets
- Being at fault in an accident that causes injury or death to another person.
- Reckless driving, for example speeding or driving over-aggressively
- Violating traffic laws so often that the state considers you to have "disrespect for traffic laws and a disregard for the safety of other persons. – aka a habitual offender”.
If your license has been suspended, it will not be reinstated until you have satisfied the conditions for reinstatement imposed by a county judge or court officer – such as, paying off tickets and fines, attending defensive driving school, or submitting to sight and hearing tests. If your license has been suspended due to refusal to submit to a breath, blood or urine test for blood for alcohol or drugs following a DUI arrest, you will have to wait for the mandatory imposed suspension time to pass before your license can be reinstated. This period is normally one year to 18 months, depending on the state.
What is a Revoked License?
A suspended license is one that can at some point be reinstated provided the licensee satisfies the conditions imposed by the court and the Department of Motor Vehicles (DMV).
A revoked license is a permanent confiscation of an individual’s driving privilege – meaning they can never legally drive in that state (or any states with reciprocal driving law agreements) again. This punishment is typically reserved for those who have repeatedly violated driving and traffic laws. Whether your license is suspended or revoked depends on your particular driving record and severity of the offences you have committed.
How Do I Know if My License has been Suspended or Revoked?
1. Notice by Certified or Registered Mail
You will receive notification by mail if your license has been suspended or revoked. The notice will include an address and telephone of the court that issued the suspension and revocation. Typically the court will have open sessions throughout the week for people to attend and speak to the judge about getting their license reinstated. Any outstanding fines and fees will also be listed in the notice, but it is possible that the judge will lower these if you are able to pay them in a lump sum, or if you are on a low income or unemployed.
2. DMV Office
You can request a copy of your driving record in person or by mail and any outstanding license issues from your local DMV office. They will also be able to provide you with the contact information for the county court responsible for suspending and reinstating your license.
3. Online – over the internet by email
There are a number of web sites which allow you to check your driving record and license status online although they normally charge a fee of around $40. The records these sites provide are also “uncertified” and therefore be inaccurate as opposed to an official one you would get from the DMV, which is also free.
How do I Reinstate a Suspended or Revoked License?
In many states, drivers have the right to dispute suspended or revoked licenses. Some offenses however carry a mandatory suspension or revocation and can be very difficult to fight – especially if it comes down to a police officer’s word against yours. In most cases however, the state must hold a hearing at the request of a driver whose license has been suspended.
After the facts of the case have been presented to the judge or officer, he or she officer will decide whether to uphold the suspension, reinstate the license, reduce the sentence to court-ordered traffic school, or increase the length of the suspension. Given this, it is highly advisable to consult with an attorney and possibly retain their services to help you overturn the suspension if they believe your case has merit.
Your traffic attorney will also be adept at negotiating payment terms for the large fines that you will likely have incurred as a result of any of the above violations. For example, a $200 speeding ticket can quickly turn into a $2,000 fine if left unpaid.
Reinstatement Fee
You will also have to pay a license reinstatement fee which can be as much as $250 depending on your state and the reason why your license was suspended in the first place.
Hiring a DUI Attorney
It is certainly advisable to consult with a DUI lawyer before attending any type of hearing and to find out whether you are more likely to have your license suspended or revoked. Courts and judges can be extremely intimidating places, especially if this is the first time you have had to attend. Therefore retaining the services of a professional attorney can not only increase your chances of having your license reinstated, but can make the entire process less intimidating.
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