how can a criminal defense attorney help with license suspension

A criminal defense attorney can review the circumstances of your case and work to show the courts that your license should have never been suspended, which may help get the charges against you dismissed. 3. You Took Action to Correct the Suspension If you know that your license was suspended, you may have taken action to correct the suspension.

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How can a lawyer help with a suspended driver's license?

Answer. Depending on the reason for your license suspension and the traffic ticket laws where you live, an attorney may be able to help you get your license reinstated. An attorney cannot make the problem go away, though; if you have a suspended license, there is a reason, and you must address that reason. A lawyer can help you to explore all ...

Can my license be suspended for any reason?

Our Denver Criminal Defense Lawyers Can Help. For many people, the ability to drive is an important aspect of everyday life. The drive to go to work, school, stores, recreational activities, etc. If someone commits a traffic offense that results in license suspension or revocation, it can have a tremendous impact on your personal and professional life. Let our Denver criminal …

How can a lawyer help me get my license back?

 · If you have any other questions about your DUI case or your driving privileges, you can discuss you matter during a free consultation with an expert DUI lawyer at California Criminal Defense Center. Call us toll free at 1-800-4-DUI-LAW (1-800-438-4529). You can also email us by completing the free consultation form on this page.

What can I do if my license is suspended for hardship?

If you are caught driving on a suspended license, the consequences are severe and may include significant fines and/or jail time. Consult with a criminal defense lawyer immediately. You have a ten day window from the time you are notified that your license has been suspended to request a hearing at the DMV. If you miss that opportunity, you won ...

What to do after a DUI?

For example, after you get a DUI, you may need to do community service, go to drug/alcohol counseling, get a special type of car insurance, and have your license suspended for a set period. At the end of the period, you can petition for reinstatement of your license and prove that you did all the other things required of you.

What happens if you get arrested for reckless driving?

In other words, if you get arrested for a DUI or reckless driving in some states, the DMV automatically takes away your license. You can request an administrative hearing to argue for why that shouldn't happen, but the license is still initially suspended through automatic operation of the law.

Can you get your license back if you have a suspended license?

For example, if your license was suspended as a result of you not paying your traffic tickets, you can pay those tickets and then request reinstatement. By proving you paid the traffic tickets and by paying all required reinstatement fees, you can get your license back.

Can you get your license back after a DUI?

For example, after you get a DUI, you may need to do community service , go to drug/alcohol counseling , get a special type of car insurance , and have your license suspended for a set period. At the end of the period, you can petition for reinstatement of your license and prove that you did all the other things required of you. You'll also need to pay reinstatement fees when you get your license back in this case.

Can a suspended license be reinstated?

Depending on the reason for your license suspension and the traffic ticket laws where you live, an attorney may be able to help you get your license reinstated. An attorney cannot make the problem go away, though; if you have a suspended license, there is a reason, and you must address that reason. A lawyer can help you to explore all your options for dealing with it and can assist you in coming up with a plan to have the best chance for reinstatement.

How long does it take to get a driver's license suspended?

If this appointment is not made, the department will normally suspend the license within a 30-day period of the time of the arrest. To have any success with the hearing and avoiding a direct and immediate suspension, the individual will need an experienced lawyer to work on his or her behalf. This may require attention to administrative issues with the DUI case.

What can a defense lawyer refute?

Depending on the evidence used by the prosecution, the defending lawyer could refute certain items. If a portable breathing machine is in use as proof, this could become inadmissible based on the state or the argument given by the defense lawyer. A breathalyzer device and even a blood test could provide inaccurate results based on certain conditions such as temperature problems, a lack of chain of custody and even contamination. Calibration and training could also cause problems with the evidence. The lawyer will need to investigate each item and test to determine if there is a valid argument to refute the results.

How does a DUI test work?

DUI cases often stem from testing results that determine the blood alcohol content in the person’s blood at the time he or she was driving. If this person has a certain medical condition, was not given the full twenty minutes of observation or burped or regurgitated during the detainment or testing, this could provide inaccurate readings with devices. Others may have intestinal problems that could retain alcohol in the system longer or that skew results because of trace amounts left in the lungs. This may not truly demonstrate an influence of alcohol on the driver.

What are the issues with police protocol?

Not adhering to the twenty-minute rule of observing the accused before administering a breathalyzer or portable breathing test is another issue with standard procedure. Other protocols problems could exist in how the police arrested the individual or if no Miranda Rights were read when questioning the individual. The issues with cops arresting those suspected of DUI violations are myriad and could lead to an avoidance of a license suspension through the initial hearing.

What happens when a driver takes a breath test?

When the driver is cooperative with all standard procedure and takes the necessary breath or blood tests, this could remove administrative penalties from the case in normal circumstances. Then, the lawyer could present several valid arguments in the pretrial hearing that invalidate the prosecution's case. At this point, it is possible to dismiss the matter before the judge. Then, the lawyer is able to help the individual avoid a driver’s license suspension and any other penalties that may occur.

What to do if you break the law and get your license suspended?

Should you break the law and find yourself facing license suspension or revocation, you could consult with an attorney to help you remedy the violation. Another option is to show up and contest the penalty for any tickets that you have been issued.

What happens if your driver's license is suspended?

When your driver’s license is suspended, this privilege is being withheld from you temporarily. When your driver’s license has been revoked, then the license suspension is permanent, as in, your driver’s license has been taken away entirely. Essentially, a suspended license is temporary, and may only be reinstated after a specific time, ...

How long does a suspended license last?

License suspensions last for either a definite period of time, or for an open-ended period of time in which specific requirements must be met in order to reobtain the license.

What does it mean to complete all required driver education programs?

Completing all required driver’s education programs, or satisfying any deficiencies such as nonpayment of child support, may influence the court’s decision whether to confirm the license suspension or revocation.

What is the importance of checking with the DMV?

Lack of auto insurance. It is important to check with your state’s DMV to determine what specific violations may lead to license suspension or revocation. They will also be able to provide information regarding what actions, if any, your state allows for resolving the suspension or revocation.

What happens if you get pulled over while driving with a suspended license?

Thus, if you are pulled over while driving with a suspended or revoked license, you may be ordered to pay significant fines and serve additional jail time.

What are the penalties for driving without a license?

The penalties vary widely, but since driving without a driver’s license is a serious offense, penalties generally consist of fines, jail time, or both. Additionally, most states have a penalty system that is based on whether the offense is isolated or repeated. For example, driving with a suspended or revoked license in the state ...

How to get your license back after suspension?

Depending on the reason for the suspension and its length, you may also need to complete a traffic safety course and retake road tests. The last requirement often applies to individuals who seek to reinstate a CDL.

Why is my Ohio driver's license suspended?

A partial list of the other reasons you could have your Ohio driver’s license suspended includes. Refusing to submit breath, blood, and urine samples for testing after being taken into custody for suspicion of drunk or drugged driving. Registering a high concentration of alcohol or drugs on a chemical test for OVI.

What happens if you lose your license?

Losing all your driving privileges really means “all.” If a police officer issues an ALS while arresting you for suspicion of OVI in your own car, any commercial driver’s license you hold will also get suspended. Likewise, getting accused of drunk or drugged driving while operating a company truck for work could cost you both your CDL and your personal driver’s license. Restoration of partial driving privileges will only apply to your personal license, however.

How long can you drive in Ohio if you are suspended?

Ohio law allows drivers placed under suspension to reclaim some limited driving privileges after a fixed time has passed. For a court-issued suspension related to a first-time conviction for operating a vehicle while intoxicated, for instance, the earliest that you can be permitted to drive to and from work, court appearances, or doctor’s appointments would be 15 days. Getting caught driving in the first 15 days will result in you serving jail time.

What is driving under the influence in Ohio?

Driving under the influence may be the most widely recognized reason for a driver’s license suspension, but it is just one of dozens of alleged violations of Ohio law that put your license in jeopardy. One of the most-frequent ways Ohio drivers get their licenses suspended is when a police officer seizes their license when issuing an OVI charge. This is called an administrative license suspension, or ALS. If it is not challenged successfully within 30 days, an ALS remains in effect for at least six months. The ALS can even remain in place past the dismissal or reduction of an OVI charge.

What to do if your Texas driver's license is suspended?

If your Texas driver’s license is suspended or you have received a Suspension Notification from the Texas Department of Public Safety (DPS), contact our Texas driver’s license suspension defense lawyers immediately.

How long can you have your license suspended for DWI?

DWI Suspension. If you are arrested for Driving While Intoxicated (DWI) and refuse to provide a breath or blood test, you are subject to having your driver’s license suspended for a period of 180 days. If an individual takes a breath or blood test and “fails,” then their license can be suspended for 90 days.

What happens if you get a ticket and are convicted of a moving violation?

If you are issued a traffic ticket and are ultimately convicted of a moving violation, DPS will issue points against your driver’s license. When a driver accumulates 6 (six) or more points on their driver record, DPS will assess a surcharge every year they maintain six or more points in addition to any fines you may already have. If you fail to pay the surcharges in a timely manner, DPS will move to suspend your driver’s license.

What is the punishment for a class B misdemeanor?

Class B misdemeanors have a range of punishment of up to 180 days in jai and fines up to $2000.

How long does a drug conviction last in Texas?

If you are convicted of possession of a controlled substance, such as cocaine, methamphetamine, or heroin, your Texas driver’s license will be suspended for a period of 180 days.

Does DPS charge surcharges?

In addition from the point system suspension, DPS may also assess surcharges if you are convicted of certain traffic offenses, regardless of how many points you may have accrued. Convictions for No Driver’s License, Driving While License Invalid (DWLI), No Insurance, DWI all carry surcharges for the next three (3) years.