As an administrative consequence, the state of Michigan may suspend or revoke a person’s license for a period. While the best legal advice is and always will be to avoid driving with a suspended or revoked license, that advice is often not enough because driving, especially in Michigan, is essential for many people in their day-to-day life. Many will still use their motor vehicles to commute to work, pick up their children or perform daily chores despite the penalties for driving without a valid license.
If you or a loved one has been charged with driving while license suspended or revoked (DWLS or DWLR), then it’s important you take the steps to build your defense right away. Your first priority is to hire an experienced and skilled driver’s license attorney who can represent you effectively in court. They can utilize their knowledge and resources to formulate a strong defense to help you avoid the statutory penalties.
Attorney for Driving with a Suspended License in Oakland County, MI
It can be difficult to navigate the state of Michigan without a motor vehicle. The problem can be so frustrating that some suspended or drivers with a revoked license are tempted to get behind the wheel again. Unfortunately, the state of Michigan is not kind to those who drive on a suspended or revoked license (DWLSR). If you’re caught driving on a suspended or revoked license, you could face time in jail or prison and hundreds to thousands of dollars in fines.
If you’ve been charged with driving on a suspended license, get in contact with Dallo Law, P.C.. Criminal defense attorney J. Dallo of Dallo Law, P.C. will immediately get to work on getting your license back as quickly as possible. He has assisted many clients by helping them get full driving privileges back or receive a restricted license. In addition, attorney Dallo of Dallo Law, P.C. can craft a sturdy defense for your case and will aggressively fight your charges until they are reduced or dismissed. You can rest assured that Dallo Law, P.C. will investigate every legal avenue possible so you can avoid the penalties of the crime.
Call us now at (248) 283-7000 to set up your first free consultation. Dallo Law, P.C. accepts clients throughout the greater Oakland County and Macomb County area including Clinton Township, Warren, Sterling Heights, St. Clair Shores, Roseville, Mount Clemens, Eastpointe, Utica, Troy, Pontiac, Bloomfield Hills, Clarkston, Rochester Hills, Southfield, West Bloomfield Township, Birmingham, Madison Heights, Farmington Hills, and Royal Oak.
Information Center:
- Can You Get Arrested for DWLS?
- DWLS Michigan Penalty
- Is Driving with a Suspended License a Violation of Probation?
- Additional Resources
Can You Get Arrested for Driving with a Suspended License?
For some traffic violations or crimes, your driver’s license may be suspended or revoked as a result. The suspension or revocation is an administrative consequence, but if you violate the suspension/revocation by driving your car you should expect to face criminal penalties. Both charges for driving with a suspended license (DWLS) or revoked license (DWLR) can be found under MCL 257.904.
As explained by the Michigan Model Criminal Jury Instructions 15.20 for Driving While License Suspended or Revoked, the following elements must be proven beyond all reasonable doubt at trial for a person to be convicted of DWLS or DWLR.
- First, that the defendant was operating a motor vehicle.
- Second, that the defendant was operating that vehicle on a highway or other place open to the general public or generally accessible to motor vehicles, including any area designated for the parking of motor vehicles.
- Third, that at the time the defendant’s operator’s license was suspended or revoked.
- Fourth, that the Secretary of State gave notice of the suspension or revocation by first-class, United States Postal Service mail addressed to the defendant at the address shown by the record of the Secretary of State at least five days before the date of the alleged offense.
For purposes of Michigan’s DWLSR statute, the term “operating” is defined to mean driving or having actual physical control of the vehicle.
DWLS Michigan Penalty
The penalties for the offense of Driving While License Suspended, Revoked, or Denied (DWLSR), depend on the number of prior convictions.
For a first offense of DWLSR, the penalties include:
- a fine of up to $500 fine, or up to 93 days in jail, or both.
- a mandatory additional license sanction.
- 2 points added to the offender’s driving record.
For a second offense of DWLSR, the penalties include:
- a fine of up to $1,000, or up to 1 year in jail, or both.
- a mandatory additional license sanction.
- the vehicle may be immobilized for up to 180 days.
- 2 points added to the offender’s driving record.
For a third offense of DWLSR, the penalties include:
- a fine of up to $1,000, or up to 1 year in jail, or both.
- mandatory additional license sanction.
- 2 points added to the offender’s driving record.
- If there are 2 prior convictions within 7 years, there are additional consequences:
- License plate confiscation.
- Vehicle immobilization for 90 to 180 days.
For a fourth offense of DWLSR, the penalties include:
- a fine of up to o$1,000, or up to 1 year in jail, or both.
- a mandatory additional license sanction.
- 2 points added to the offender’s driving record.
- If there are 3 prior convictions within 7 years, there are additional consequences:
- License plate confiscation.
- Vehicle immobilization for 90 to 180 days.
For a fifth offense of DWLSR, the penalties include:
- a fine of up to $1,000, or up to 1 year in jail, or both.
- a mandatory additional license sanction.
- 2 points added to the offender’s driving record.
- If there are 4 prior convictions within 7 years, there are additional consequences:
- License plate confiscation.
- Vehicle immobilization for 1 to 3 years.
Is Driving with a Suspended License a Violation of Probation?
One common reason people have their license suspended or revoked is because they are on probation for another traffic crime such as operating a vehicle while under the influence (OWI or DUI). Violating that suspension or revocation by driving without a valid license could definitely trigger a probation revocation. The reason for this is because DWLS or DWLR is breaking the probationary condition that the offender will refrain from further criminal activity.
If you are charged with DWLS or DWLR, then the prosecutor will likely file for a probation revocation as well. You will then be required to attend a hearing where the judge will consider both the defense and prosecution’s arguments on whether you have violated your probation in such a way that the agreement should be revoked. The state will only have to prove you violated the condition of probation by a preponderance of evidence, which is a much lower standard than beyond a reasonable doubt.
Additional Resources
Getting Your License Back | SOS Jocelyn Benson – Visit the official website for the Secretary of state Jocelyn Benson to learn more about how you can get your license back from suspension or revocation. Access the site to learn about sobriety court, how to prepare for your driver license appeal hearing, revocation reviews, and how to appeal for restoration to the Michigan circuit court.
DWLS Michigan Law – Visit the official website for the Michigan Vehicle Code to learn more about the penalties for operating a vehicle with a suspended or revoked license. Access the site to read the statutory language surrounding DWLS or DWLR penalties, repeat offenses, and other factors that could enhance the consequences even further.
Michigan DWLS Attorney | Suspended or Revoked License in Oakland County
Driving with a suspended or revoked license is a nonviolent crime normally committed by professionals who weren’t even aware their license was suspended or revoked. Despite this, the penalties for the crime are long-lasting and could affect your personal or professional goals. If you’ve been charged with DWLS or DWLR, then we suggest you consult Dallo Law, P.C..
Dallo at Dallo Law, P.C. have years of experience representing people charged with DWLS or DWLR. That practice has given J. Dallo the skill, knowledge, and resources needed to protect his client’s legal rights and driving privileges. Plus, J. Dallo is dedicated to each and every one of his client’s cases. He never carries a heavy caseload so he can commit his time and energy to all his existing clients and give them the best legal service possible.
Call Dallo Law, P.C. now at (248) 283-7000 to set up your first consultation. Dallo Law, P.C. accepts clients throughout the greater Oakland County and Macomb County area in Michigan.