QUESTION
What are the penalties for diving without a license and speeding, while on a DUI diversion?
Asked on Aug 13th, 2012 on DUI/DWI - Colorado
More details to this question:
We were pulled over for speeding and were taken in for driving without a license. We posted a $500.00 bond to be able to get out, and were assigned a court date for next month. Two days later we received the contract to sign for a DUI diversion (the DUI happened about two months ago). How will the new court affect the diversion and what are potential penalties for the new charges of speeding (27mph above the limit) and driving without a license.
15 ANSWERS
Child Custody Attorney serving Malvern, AR
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Law Office of Gregory Crain
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Full prosecution.
Answered on Jun 28th, 2013 at 9:09 PM
Michael J. Breczinski
First the DWLS is a crime. Second maybe since the matter happened before the diversion program they may cut you some slack. Third if you can get diversion on a OUIL you should do nothing to cause that to be revoked. This is very rare.
Answered on Aug 15th, 2012 at 2:17 PM
Initially, most of the time people are not arrested for the charge of driving without a license and since your DUI arrest was just two months ago, you probably lost your license for driving while under over the legal limit, an administrative revocation. If a person is arrested for driving on a revoked driver's license due to a DUI related offense, the penalty if convicted, is a minimum 30 days in jail or 60 days house arrest and $500 fine, and loss of driving privilege for an additional one year. A speeding charge will probably result in a fine although all misdemeanor offenses carry a maximum penalty of 6 months in jail and $1,000 fine. If you had not yet entered into a 'DUI diversion' program, your recent arrest would not result in a violation or revocation of the program. However, a prosecutor could rescind the 'contract' of offer based upon your new arrest. You should immediately consult with your attorney to attempt to minimize the consequences of your most recent arrest.
Answered on Aug 15th, 2012 at 2:14 PM
You are probably facing VC 14601.2(a), which is driving when a license is suspended due to a DUI. The charge carries 10 days of minimum jail time and over $1000 in fines (including penalty assessments). Plus you face a probation violation. You should hire an attorney to go to court ASAP before the PV turns into a warrant.
Answered on Aug 15th, 2012 at 2:13 PM
3 Awards
You need to ask your DUI diversion attorney. This could affect the entire contract or not at all. Just don't ever pay or take a conviction on the speeding or driving while license suspended.
Answered on Aug 15th, 2012 at 2:12 PM
Criminal Law Attorney serving Lancaster, NH
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Harden Law Office
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There is no DWI diversion in NH. Operation without license is a violation unless under suspension for a DWI, in which case it is mandatory 7 days in jail. Speed is a fine and violation unless extenuating circumstances.
Answered on Aug 15th, 2012 at 2:12 PM
Criminal Defense Attorney serving Cherry Hill, NJ
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Law Offices of Richard Sparaco
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I am unaware of any DUI diversionary programs in New Jersey. If you are convicted of DUI in New Jersey and your license is suspended, and you are caught driving during the period of suspension, you face at least another 1 year of license suspension, plus possible jail for committing another offense (speeding) while driving while suspended.
Answered on Aug 15th, 2012 at 2:11 PM
Criminal Law Attorney serving Worcester, MA
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Gregory Casale, Attorney at Law
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The penalty for driving while your license is suspended for OUI offense is 60 days in jail, without exceptions. I STRONGLY suggest you get a good lawyer who practices in the court where you are charged with the operating after charge. I have certainly won quite a few of these cases, but they are very difficult to overcome. The statute is tight and specific and allows no alternatives to 60 days committed.
Answered on Aug 15th, 2012 at 2:10 PM
Litigation Attorney serving Westland, MI
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Clos, Russell & Wirth, P.C.
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Driving without a license is a misdemeanor offense punishable by up to 93 days in jail and/or a fine of up to $500.00. It will impose a like term suspension of your driver's license, so if your license had been suspended for the DUI, or other offense, the new conviction would add a similar length of suspension to your term. There is also a driver responsibility fee of $500.00 per year for two years for a conviction. The speeding ticket is a civil infraction that carries 4 points and a fine. However, at that speed the prosecutor could amend the charge to careless or reckless driving. As for your diversion program, any conviction of a crime could jeopardize your entering a diversion program. Of course that is up to the prosecutor or the judge in that case.
Answered on Aug 15th, 2012 at 2:09 PM
Wrongful Termination Attorney serving Huntington Beach, CA
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Nelson & Lawless
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Speeding = fines. Driving without a license is a misdemeanor with up to a year in jail potential plus fines. Violating probation will get it revoked and you sentenced to the original jail term ordered. If serious about hiring counsel to help defend you in this, and if the charges are in SoCal courts, feel free to contact me.
Answered on Aug 15th, 2012 at 2:08 PM
Dennis P. Mikko
If the diversion required you to stay out of trouble with the law, you may lose the diversion. Also, driving without a license is a misdemeanor with punishment up to 93 days and could result in a further suspension of your driving privileges.
Answered on Aug 15th, 2012 at 2:07 PM
Bankruptcy Attorney serving Federal Way, WA
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Freeborn Law Offices P.S.
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You can kiss the diversion good bye since you were, in all likelihood, in violation of the conditions placed upon you by the court in the DUI case. Max penalty on the DUI is 1 year in jail and $5,000.00 fine. There are mandatory minimum penalties, but since I know nothing about your criminal history, I cannot say. I can tell you, you have some major problems.
Answered on Aug 15th, 2012 at 2:06 PM
Appellate Attorney serving Grosse Pointe Farms, MI
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Musilli Brennan Associates, PLLC
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See an attorney now. Most probably the diversion will no longer be offered.
Answered on Aug 15th, 2012 at 2:06 PM
Is you were driving without a license and it was Dui suspended then mandatory 30 days in jail. But you must be properly notified of the actual suspension. On the DUI diversion it will depend if felony or misdemeanor and what the district attorney thinks. Normally as long as not a duo suspended license then you should be ok. I would be happy to help you with your case.
Answered on Aug 15th, 2012 at 2:05 PM
3 Awards
If the diversion agreement was after the offense, it will not affect it. Unless, there was some other part of the agreement you failed to live up to or lied about. FYI - a question about other pending charges that you did not disclose the new charges.
Answered on Aug 15th, 2012 at 2:04 PM