What happens if caught driving on a suspended license
If you were suspended for not paying a traffic ticket or being convicted of four traffic infractions within the last two years, it will likely be a violation. Misdemeanor driving while suspended or violation driving while suspended will cancel your hardship permit upon conviction, so if you have a hardship license to drive for work purposes. If you were suspended for an assault, the driving while suspended is likely a felony driving while suspended and can result in a prison sentence.
You definitely will need a lawyer, and if you cannot afford one, the court will appoint one for you. If the case is being treated as a violation, there is no risk of jail, but the fines can still be quite high. You still should consult an attorney if you can afford it; the court will not provide one if your case is only a violation.
It also is against the law to drive if you don't have a license, or if your right to apply for one has been suspended or revoked or if you drive outside of the scope of your hardship permit. The courts often require the DMV to suspend or revoke a person's driver's license when the person involved does not have a license or has a license from a state other than Oregon. When this happens, the DMV will suspend or revoke the individual's right to drive or to apply for an Oregon license.
A person who drives a motor vehicle at a time when his or her right to apply for an Oregon license has been suspended or revoked also commits the offense of driving while suspended. Besides the possibility of a jail sentence and having to pay a fine, the registrations of all the vehicles the convicted person owns can be suspended for up to three months. The registration of the vehicle that the convicted person was driving at the time of arrest also can be suspended for up to days.
This will happen even if the convicted person is not the owner of the vehicle, if it is shown that the owner of the vehicle knew or had good reason to know that the convicted person did not have a valid driver's license and still let the suspended driver use his or her vehicle. In fact, someone who knowingly allows a suspended driver to drive his or her car can also get a citation.
Then if the car is towed, the registered owner will have to pay any tow bills or fees to get the car back. The court also can order another penalty for driving while suspended. It can have the vehicle impounded for up to three months. This means towed away, locked up and stored. The convicted person is responsible for the costs of towing and storing the vehicle, and the vehicle will not be returned until these costs are paid.
If the vehicle is not claimed and these costs are not paid within 30 days after the impoundment period is up, the vehicle may be sold at public auction. In some cases, the law requires the DMV to suspend or revoke a license. This is called a mandatory suspension or revocation. The suspension for an uninsured accident is an example of a mandatory suspension.
In other cases, the law gives the DMV the power to choose whether or not to suspend a license, as in the case of a driver who becomes incompetent to drive because of ill health. This is a permissive suspension. In still other cases, a judge has the power to suspend a license in connection with traffic offense convictions. This is called a court-ordered suspension. The type of suspension will affect what you have to do to be able to drive again.
With a court-ordered suspension, such as for failure to appear or pay a fine, you will have to take care of your court matters to clear the suspension.
You will then need to go to DMV to pay a reinstatement fee and provide proof of insurance. This is true even if the police have made a report. Failure to report an accident, in addition to being a traffic offense itself, will result in a mandatory suspension that will continue indefinitely until the report is filed. Failure to appear for a court hearing. Every driver who gets a traffic citation must appear in court at the time and place indicated on the citation or respond to the ticket in some other way as allowed by law, such as mailing in the amount of the required base fine.
If a driver fails to appear in court when required to do so, it will generally result in an indefinite license suspension until the court appearance is made.
You are probably worried about your freedoms and privileges being at stake and have a lot of questions. You can rest assured, because Cincinnati traffic lawyer Brad Groene is here for you. Get the justice that you deserve. If you have been charged with any crime in central Ohio, contact the Columbus criminal defense attorneys with LHA today for a free, initial consultation.
Please leave this field empty. Call LHA today. Free consults: Penalties for Driving with a Suspended License in Ohio A driving with a suspended license charged carries serious penalties if convicted. Caught Driving with a Suspended Liscense in Ohio? Call LHA Today. Generally speaking, you will need to: Complete the conditions of your sentencing such as DUI school, probation, or jail time Provide an SR certificate as proof of insurance Pay the DMV reinstatement fee Clear any related court fees Present the necessary documentation to the DMV for processing Do not attempt to drive until you have confirmed with the DMV that your license is no longer suspended and it is lawful for you to do so.
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