Driving While Suspended Defense Attorney in Buffalo, New York
Driving with a suspended license is a serious legal issue that can lead to significant consequences, particularly under traffic laws. Whether your suspension is due to unpaid fines, traffic violations, or other legal issues, operating a vehicle while your license is suspended can result in severe penalties.
At Michael Kuzma, Attorney at Law, I'm equipped to handle your traffic law case. Located in Buffalo, New York, I serve clients facing charges in New York State.
Understanding License Suspension
License suspension is a legal status where an individual's driving privileges are temporarily revoked by the Department of Motor Vehicles (DMV) or another governing body due to violations of traffic laws. Suspensions can occur for various reasons, including:
Unpaid Traffic Fines: Accumulation of unpaid fines or failure to comply with court orders can lead to a suspension.
Traffic Violations: Repeated traffic violations or severe offenses can result in suspension.
Failure to Provide Insurance: Driving without proper insurance coverage can trigger a suspension.
Legal Issues: Suspensions may occur due to unresolved legal issues, such as failure to appear in court or non-payment of child support.
Consequences of Driving With a Suspended License
Driving with a suspended license can have severe legal repercussions, especially concerning traffic laws. The specific consequences can vary by jurisdiction but generally include the following:
1. Fines and Penalties
Monetary fines: Most jurisdictions impose significant fines for driving with a suspended license. These fines can range from a few hundred to several thousand dollars, depending on the severity of the offense and the jurisdiction's laws.
Additional costs: In addition to fines, there may be additional costs associated with legal proceedings, such as court fees or administrative fees related to reinstating the license.
2. Criminal Charges
Misdemeanor or felony charges: Driving with a suspended license is typically classified as a misdemeanor, but in certain cases, especially if there are prior offenses or aggravating factors, it can be charged as a felony. Felony charges can result in more severe penalties and a permanent criminal record.
Increased penalties for repeat offenders: Those with prior convictions for driving with a suspended license may face enhanced penalties, such as longer jail sentences and higher fines.
3. Jail Time
Imprisonment: Convictions for driving with a suspended license can result in jail time. The length of the sentence varies by jurisdiction and the individual's criminal history. In some cases, even a first-time offense can lead to incarceration.
Probation: Instead of or in addition to jail time, a judge may impose probation, which involves regular check-ins with a probation officer and compliance with specific conditions that are set by the court.
4. Increased Suspension Period
Extended suspension: Driving with a suspended license can lead to an extension of the original suspension period. The additional suspension time varies based on the jurisdiction and the specific circumstances of the offense.
Additional restrictions: The court may impose additional restrictions on driving privileges, such as requiring the installation of an ignition interlock device or imposing stricter compliance conditions.
5. Impact on Insurance Rates
Increased premiums: A conviction for driving with a suspended license can lead to increased car insurance premiums. Insurance companies view such offenses as high-risk behavior and may raise rates accordingly.
Difficulty obtaining insurance: In some cases, individuals may face challenges in obtaining car insurance after a conviction. A history of driving with a suspended license can make it difficult to secure coverage, and those who do obtain insurance may face higher costs.
Acknowledging the Consequences Beyond Legal Penalties
In addition to legal repercussions, driving with a suspended license can have broader consequences that impact various aspects of life:
Employment Implications
Job loss: For individuals whose jobs require driving, a conviction for driving with a suspended license can lead to job loss or difficulties in maintaining employment.
Employment background checks: A criminal record for driving with a suspended license can appear in background checks, potentially affecting future job prospects.
Personal and Social Impact
Strained relationships: Legal troubles related to driving with a suspended license can strain personal relationships and create stress within families.
Social stigma: A conviction for driving with a suspended license can carry social stigma and impact an individual’s reputation within their community.
Steps to Take if You're Caught Driving With a Suspended License
If you’re caught driving with a suspended license, it's essential to take specific steps to address the situation:
1. Consult With a Criminal Defense Attorney
Hiring a criminal defense attorney is crucial for handling the legal process and minimizing potential penalties. As your attorney, I’m here to help you understand your rights, evaluate the evidence against you, and develop a robust defense strategy. With my experience, I’ll work diligently to make sure that you’re well-prepared and effectively represented throughout your case.
As a skilled attorney, I can negotiate with the prosecution to potentially reduce the charges or penalties you face. I’ll also advocate for alternative sentencing options, such as reduced fines or probation, depending on the circumstances of your case. My goal is to work diligently to achieve the best possible outcome for you.
2. Address the Underlying Issue
Work towards resolving the underlying reason for the license suspension. This may involve paying outstanding fines, completing required courses, or addressing any legal issues that led to the suspension.
Make sure that you comply with all requirements set by the DMV or court to reinstate your driving privileges. This may include attending driving courses, providing proof of insurance, or meeting other conditions.
3. Prepare for Court
Collect any relevant documentation, such as proof of payment of fines, evidence of compliance with court orders, or records of any completed rehabilitation programs. Make sure to attend all scheduled court hearings and respond to any legal notices promptly. Missing a court date can result in additional penalties or legal complications.
4. Follow Up on Reinstatement
After addressing the issues related to your license suspension, monitor your driving record to make sure that it reflects the resolution of the suspension and any reinstatement of driving privileges. Be prepared to pay any reinstatement fees required to restore your driving privileges. The DMV or relevant authority will provide guidance on the necessary steps and costs involved.
Preventing Future Suspensions
To avoid future license suspensions and legal issues, consider the following preventive measures:
Adhere to traffic laws: To avoid accumulating points on your driving record and facing other legal issues, it is crucial to adhere to all traffic laws and regulations. Practicing safe driving habits can help reduce the risk of being cited for traffic violations, which could potentially lead to a suspension.
Address legal obligations promptly: To prevent your license from being suspended, make sure that you promptly pay any fines, fees, or court costs. Additionally, attend all scheduled court appearances and fulfill any legal obligations to avoid complications with your driving record.
Maintain proper insurance: To avoid violations related to lack of insurance, it’s important to maintain continuous car insurance coverage. Additionally, stay informed about the insurance requirements in your jurisdiction and make sure that you consistently meet them.
Seek legal advice: If you encounter legal issues that might affect your driving privileges, it's advisable to consult a criminal defense attorney to address the situation proactively. Additionally, staying informed about changes in traffic laws and regulations is essential to confirm compliance and avoid potential suspensions.