Driving on public roads is not a right. It is a privilege that the state can restrict. People have to obtain a driver’s license to operate a vehicle on public roads. They have to register their vehicles and carry appropriate insurance as required by the law in case they cause major collisions.
Drivers who fail to submit paperwork to the state may have expired driver’s licenses. Those convicted of drunk driving or issued multiple traffic citations could face a driver’s license suspension as a penalty for their violation of traffic statutes.
When the state suspends a motorist’s license, that person may face significant hardship. After all, they still need to care for their family members and get to work. Some people choose to continue driving when they have a suspended driver’s license. They may then face serious consequences for that decision.
Circumstances dictate penalties
Technically, state law breaks driving with a suspended license into three separate categories. The least severe involves failing to reinstate a revoked or suspended license. If a driver simply failed to do what was necessary to reinstate or renew their license, they might face a basic misdemeanor charge. Drivers accused of driving with a suspended license in the third degree could face up to 90 days in jail and a fine of up to $1,000.
Motorists could face a second-degree charge if the state suspended their license for a more serious offense. Those offenses include negligent driving, drunk driving, vehicular assault, vehicular homicide, eluding police, racing, leaving the scene of a crash and stealing gasoline. Such charges are gross misdemeanors that can carry up to a year in jail and $5,000 in fines.
A first-degree driving while license suspended offense is also a gross misdemeanor with the same maximum penalties as a second-degree offense. The main difference is that a mandatory minimum jail sentence applies. That minimum increases based on the number of prior offenses the driver has on their record.
Understanding the consequences of driving with a suspended license can help people better respond after getting stopped by law enforcement. Drivers may be able to fight the allegations that they face or negotiate lesser charges and consequences with the help of a lawyer familiar with traffic violation cases.