What can I do if I did not know that my license was suspended?

Question

I was pulled over and the trooper said my license was suspended for a non payment of court fine. I was not aware of my license being suspended. What is my recourse?

Michael Palumbo · Answer

We can represent you to work on getting the case dismissed.

Michael Nack · Answer

You can pay the fine and have the clerk send in a certificate of compliance   so that you can get your license reinstated. Then you should hire an  attorney to  handle the DWS charge which should result in your avoiding a  conviction.

Samuel H. Harrison · Answer

Your license can be suspended when youfail to appear for traffic court. The only suggestion I have is to (1) get the earlier case closed, then (2) go to the court that has your suspension case and beg them like crazy to let you plead toa lesser charge.

Craig Elhart · Answer

If you were cited for driving on a suspended license, you will have to defend that citation.  You should also determine why your license was suspended and take care of the problem that caused the suspension.

Thomas Tomko · Answer

If you pay the fine and a reinstatement fee, then you can get your license reinstated, provided there is nothing else preventing you.  I hope that this was helpful.

Cynthia Henley · Answer

Get your fine paid & your license in good standing and bring proof to court. There is a chance that the driving while license suspended case will be dismissed.

James Schoenberger · Answer

Pay the fine, reinstate your license and, if you were cited for driving while suspended, do this before any court hearing.

Steven Fairlie · Answer

If you can prove that you did not get notice you might have a chance, but there is a presumption that if notice was mailed to the address where you are licensed that you got notice, and it is then up to you to prove you did not get it.

Edward Blum · Answer

Fight the case. You can usually get it reduced to driving without a license when you get your license back.

Mark R. Thiessen · Answer

Not knowing is not a defense.  Get your license up to speed asap and take deferred adjudication or ask the prosecutor to dismiss the charge.

Michael J. Breczinski · Answer

Pay the court fine that suspended your license. Plead not guilty and get an attorney. The lawyer may be able to work a deal that if your license is made good then they will let you plead to something that will not result in a further suspension and other fees Driving while license suspended will let the Secretary of State charge you a fee of $500 for the next two years AND give you a further suspension of your license.

Daniel Kieth Martin · Answer

Go to the DMV get your license fixed.  Then go to court and show proof of license. They will reduce the fine.  Trying to argue that it should be dismissed because the you were not notified isn't going to work. Notice is presumed when the DMV sends a letter to the address they have for you.

Philip Hache · Answer

If VC 14601 charges are being filled against you (driving on a suspended license), you can fight your case as knowledge of the suspension is one of the elements of the charge.  Contact an attorney to discuss your case in more detail.

John Bussman · Answer

To be convicted of 14601 (driving on a suspended license), the prosecution must show that you knew or should have known that your license was suspended.  If they can prove that the DMV mailed a notice of suspension to your last known address, you are presumed to have received it and you will be treated as if you had knowledge of the suspension.  If you failed to notify the DMV of an address change, that's your own fault.  I have beaten these cases before where the DA cannot prove that the notice of suspension was properly mailed to the correct address.  It's hard to say whether or not you have a defense without personally reviewing all of the evidence against you.  Call me for more information.  If you're eligible to get your license (you can afford to pay off your fines and get the license reinstated), you should do that before you appear in court.  The DA will be much more willing to cut you a sweet deal if you show up in court with a valid license.

Jared Altman · Answer

You need a lawyer. The charge will probably get reduced. But, you'll have to clean up your license.

Jonathan Willett · Answer

You probably did not know, because you did not file a change of address with the DMV.  You should pay the outstanding fees and reinstate before you get to courtthen they will offer you a good plea bargain.

Kenneth Wincorn · Answer

There is no recourse.  You should get your license reinstated asap.

Dennis Roberts · Answer

If they cannot prove that you got the suspension letter you are ok.

Correen Ferrentino · Answer

You may have a defense if you did not have actual knowledge of the suspension.  The prosecutor would have to prove the DMV notified you of the suspension.

Jason Smith · Answer

This response does not create an attorney/client relationship.  If your license was revoked for non payment of a cost of Court, you need to pay the cost and then go to DMV and get your license reinstated.  Be sure that your license is revoked only for that and not something else.  If it's for something else, please see a lawyer.

Cindy L. Barton-Coombs · Answer

You will have to deal with the DMV, more than likely you moved without giving them a new address.  You will have to take care of the court fine, take care of DMV and maybe you can then talk the prosecutor on the new charge to put this in a plea in abeyance.  Take all your proof of what you have done to fix it.  Good luck.

Harley Gutin · Answer

There is a presumption that if DMV mailed you the Notice of Suspension to your address (on your current or last DL) that you had notice.  If they did not mail it you have a good chance of fighting it.  If they did send it you can still fight it but you need to overcome the presumption.

Jacob P. Sartz · Answer

I'd recommend you retain a lawyer to assist you with this matter. Most attorneys provide free initial consultations.   Speaking generally, with allegations of driving with a suspended/denied/revoked license, knowledge of actions taken against a license is an element that must be proven by the prosecuting authority. If a person is issued a civil infraction, they have a right to deny responsibility and request a hearing. If the person is charged with the misdemeanor, they may plead not guilty.   I'd recommend that you retain a lawyer if you need specific legal advice for your circumstances.

Stephen Freeborn · Answer

If the only reason for the suspension is an unpaid court fine, then simply pay the fine. If no charges were filed  as a result of the officer stopping you, then as soon as you pay the fine, the court clerk should release any hold on your license and  you will be eligible for reinstatement wit DOL. If you did get cited for driving while license suspended, still pay off the fines.  When you go to court, show the court that all fines have been paid. As long as your record is relatively clean (no history of  driving with suspended license), then the court may either reduce or possibly dismiss the charge.

Eric Sterkenburg · Answer

When I have gone to court for a client with these facts the charge was reduced to driving without a license after the fine was paid and the suspension lifted.

Joseph Dane · Answer

One of the elements of the crime of driving on a suspended license is that they must prove you had knowledge of the suspension.  The DMV will likely claim they mailed you a letter, so you must have known. They could have put you on notice in some other way (verbal notice from a judge or a peace officer) or written notice that you signed.    Depending on what (if any) proof they have that you knew your license was suspended, it may change the outcome of your case.  Getting your license reinstated will be the best thing you can do to help yourself out.  You're looking at a misdemeanor charge that can potentially carry probation, fines, etc.  It's also 2 points on your driving record - something you want to avoid if at all possible.  A local criminal defense attorney that routinely practices in the court where your case will be heard will be your best bet for a good outcome.

Jeffrey Pollock · Answer

Pay your fines immediately to show good faith as a way to mitigate your   fines/suspension/costs/sentence.  A good lawyer will help you negotiate a   minimal punishment.

Paula Drake · Answer

You may want an attorney to handle the citation for suspended license  (if you were, in fact, cited by the officer for that). The issue of notice of the suspension could be a factor; the attorney can find out if/how you were notified of the suspension. Also, if you can pay the underlying fine and get the license reinstated by the DMV before the court date, it will help to resolve the matter, often times with a reduction or dismissal of the charge.

Jason Savela · Answer

pay the fine and fight the new charge based on lack of knowledge  many DA's will dismiss if you can show proof of valid DL and INS.

Jeff Yeh · Answer

Well, you will need to go and fix your license later, but right now you probably have to deal with the driving on a suspended license charge, which is usually a misdemeanor. Consider consulting a lawyer, who may be able to get the charge dismissed. This often involves negotiation with the Judge or prosecutor whereby your license is fixed in return for a dismissal or a reduced charge.

Gary Moore · Answer

You should hire a lawyer to help you clear the mess.

Steven Raiser · Answer

The standard is "known or should have known" that your license was suspended. Therefore, you should get an attorney and pay the fine that led to your suspension.

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