How to Get Driving with a Suspended License Dismissed in North Carolina
If you’ve been charged with driving with a suspended license in North Carolina, it’s crucial to understand your legal options. A conviction for driving while license revoked can lead to significant penalties, including fines, extended suspension, or even jail time. However, there are ways to fight the charge and potentially get it dismissed, especially with the help of an experienced criminal defense attorney at Garrett, Walker, Aycoth & Olson, Attorneys at Law. Here’s what you need to know.
1. Understand the Charge
Driving with a suspended license is a serious offense in North Carolina under N.C. General Statutes § 20-28. This law makes it illegal to operate a motor vehicle if your driving privileges have been revoked. The reasons for suspension can vary, including unpaid traffic tickets, failure to appear in court, DUI charges, or other violations. The consequences depend on why your license was suspended and whether it’s a first-time or repeat offense.
2. Valid Defenses for Driving with a Suspended License
To get the charge dismissed, you or your attorney will need to challenge the circumstances of your case. Some common defenses include:
- Lack of knowledge: You may not have known your license was suspended. This could occur if you did not receive notification from the DMV or missed a notice.
- Administrative error: Sometimes, a license is suspended due to clerical mistakes or miscommunication. Proving an error like this could lead to a dismissal of the charge.
- Driving in an emergency: If you were driving due to a legitimate emergency, such as taking someone to the hospital, this may serve as a valid defense.
- Restoring your license: In some cases, resolving the issue that led to the suspension, such as paying a fine or attending a court date, and having your license reinstated before your court date can help in getting the charges dismissed.
3. Steps to Dismissal
While every case is different, there are some standard steps you can take to work toward dismissal:
a. Consult with a Lawyer
The first and most important step is consulting with a skilled traffic lawyer. An attorney who specializes in suspended license cases can help you evaluate your situation and craft a defense strategy. At Garrett, Walker, Aycoth & Olson, our driving while license revoked attorneys have years of experience handling these charges and know the best ways to approach your defense.
b. Review Your Driving Record
Your lawyer will carefully review your driving record to determine why your license was suspended and if there were any legal or procedural errors that could be crucial when presenting your case to the judge. Sometimes, licenses are suspended for technical reasons or due to miscommunication, which could serve as grounds for dismissal.
c. Resolve the Underlying Cause of Suspension
If your license was suspended due to unpaid tickets, failure to pay fines, or missing a court date, resolving those issues before your court appearance, such as addressing a pending citation, could significantly help your case. Reinstating your driving privileges and demonstrating that the cause of the suspension has been addressed may convince the court to dismiss the charge.
d. Present Mitigating Evidence
In some cases, your attorney can present evidence of mitigating factors, such as a legitimate emergency or the lack of notice about the suspension. Strong evidence of an emergency situation, for example, may lead to the dismissal of the charge.
e. Negotiate with Prosecutors
A skilled traffic lawyer may be able to negotiate with prosecutors to reduce or dismiss the charges, especially if this is your first offense or if there are strong mitigating factors in your case. This can often happen without you needing to appear in court.
4. Penalties for Driving with a Suspended License
If the charge or citation is not dismissed, penalties can include fines, jail time, or an extended license suspension. In North Carolina, a first offense for driving with a suspended license is typically a Class 3 misdemeanor, which could result in:
- Fines up to $200
- Probation
- Jail time of up to 20 days (depending on prior convictions)
For subsequent offenses, the penalties increase, and you may face harsher consequences, including being arrested, longer jail sentences, and higher fines.
5. Why You Need a Lawyer
North Carolina takes driving with a suspended license seriously, especially in cases involving a DUI, and without proper legal representation, you could be facing severe penalties. An attorney can analyze your case, identify possible defenses, and work to get the charges or citation dismissed or reduced.
At Garrett, Walker, Aycoth & Olson, we are dedicated to providing the best defense for our clients. Our experienced lawyers will help you navigate the complexities of suspended license charges, ensuring you understand every step of the legal process.
Frequently Asked Questions About Driving with a Suspended License in North Carolina
Navigating the legal challenges of a suspended license can seem daunting, but understanding your options is the first step toward resolution. Here are some succinct answers to common questions.
What are the main defenses for driving with a suspended license?
Defenses can include lack of knowledge about the suspension, administrative errors, emergencies, or resolving the suspension issue before your court date.
How can I get my case dismissed?
Consulting a lawyer, resolving the underlying suspension cause, and presenting mitigating evidence are key steps to pursue a dismissal.
What penalties might I face if the charge is not dismissed?
Potential penalties include fines up to $200, probation, or jail time, especially for repeat offenses.
Why is it important to hire a lawyer?
A lawyer can provide essential guidance, evaluate defenses, and negotiate with prosecutors to reduce or dismiss charges.
Can I resolve the issue without going to court?
In some cases, through legal representation, it’s possible to resolve or reduce charges without needing to appear in court.
6. Conclusion
If you’ve been charged with driving on a suspended license or driving without a license in Greensboro or anywhere in North Carolina, don’t leave your future to chance. Contact the legal team at Garrett, Walker, Aycoth & Olson, Attorneys at Law. We are committed to helping you get the best possible outcome, whether that’s a dismissal or a reduction in charges. Call us today to schedule a consultation and start building your defense.