QUESTION
Do i need a lawyer to avoid jail time for driving on a suspended license?
Asked on Nov 10th, 2014 on Criminal Law - Arkansas
More details to this question:
I have a DUI in 2010 and a DWI in 2012. My license was suspended for 2 years. Less than a week after my two year suspension was up, I needed to pay a 150 dollar fine, but my next paycheck came on the 15th, and i got pulled over on the 11th. Charged with Negligent operations (speeding) and driving on a suspended license. Went to court, they said it was a 600 dollar fine and 10 days in jail. Am i really going to have to do 10 days in jail just cause i could not afford to, at the time, pay a 150 dollar reinstatement fee? i have kept my nose clean since my dwi in 2012. Please advise
1 ANSWER
Criminal Law Attorney serving Fort Smith, AR
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King Law Group, PLLC
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It is state law that if you are caught driving on suspended for DWI that you have to do 10 days in jail. However, I often argue to prosecutors that if the suspension period is up then the 10 days in jail isn't a requirement because the suspension is due to lack of payment of reinstatement not due to DWI.
Most prosecutors will try to throw you in jail unless you get an attorney to convince them of this clarification. They won't listen to you because they don't have time to deal with non-lawyers.
Regards,
Whitfield Hyman, esq.
King Law Group, PLLC
479-782-1125
Answered on Nov 13th, 2014 at 2:40 PM