Driving with Suspended License
Delaware is known for being the first state to join the USA, and also for its small size – only Rhode Island is smaller than it. But within its nearly 2,500 square miles are plenty of roads, and it’s important to stay legal when driving on them. One serious traffic violation is driving while license is suspended. Doing so is a crime under Delaware law, which requires all drivers to possess a valid driver’s license whenever driving.
There are numerous reasons that a driver can have their license suspended, ranging from the relatively benign to the very serious.
Common Reasons for Getting Your License Suspended
- Reckless driving that caused an accident with serious consequences such as death or major property damage
- Habitual traffic offenses
- Driving Under the Influence
- Fraudulently applying for a license
- Evading a toll
- False proof of insurance
- Medical reasons that make you a hazard to drive
- Expulsion from school
- Loss of insurance coverage
- Failure to pay child support
- Suspension through the point system
- Other serious traffic offenses
Of these, the most common is suspension through the point system. Delaware has a point system in place that assigns points to your license based on the traffic violation. More serious violations add higher levels of points to your license, and if you reach 14 points you will lose your license. The period of suspension will be 120 days, after which you can reapply for a license and reinstate your ability to drive. It’s important to note as well that learner’s license suspensions are possible as well, and traffic violations while holding a learner’s permit will greatly extend the length of time needed to finally gain a real license.
Another common reason for having your drivers license suspended are unresolved traffic violations or repeat traffic or moving violations. If the Department of Motor Vehicle (DMV) has suspended your drivers license and you are caught driving you will face severe fines, fees, legal penalties and an extended license suspension period. In addition, you may face incarceration if caught driving with a suspended license in Kent County, Delaware.
Fees and Penalties for Driving when Suspended
There will usually be a variety of different fees associated with suspensions as well as with reinstating a license. Fees will usually include reinstatement fees of $25.00 as well as payment of any fines that were associated with the violation that led to the suspension. Additionally, if one loses their license due to failure to pay child support they will have to make the payments owed before they can regain their license. Finally, drivers will have to pick up insurance after suspension to avoid breaking the law again. Insurance rates are often higher after a suspension.
If you’re found to be driving after suspension you’ll face fines and other penalties including possible jail time. Fines for driving on a suspended license range from $500 up to $1,000 and can come with up to 6 months of jail time for a first offense. Later offenses could bring fines of as much as $4,000 and one year in jail.
Fighting a suspended license charge is difficult for anyone, and having the help of an experienced attorney is really the only chance one may have of avoiding serious penalties. Even an attorney will be limited in options, though things like statute of limitation laws and other technicalities could be used in a defendant’s favor. In general, it’s better to simply avoid these charges completely than to find yourself facing a charge of driving without a license.
Traffic Violations Complicate Things
Being caught operating a motor vehicle in Delaware can complicate your life on many levels. If you have been caught driving while your license is suspended in Delaware you should consult with a skilled and experienced Delaware License Suspension Lawyer. Contact Dover Delaware Traffic Ticket Attorney John R. Garey at 302 744 9290. Or, email a Delaware Lawyer by clicking here.
A first offense driving while suspended conviction carries a minimum fine of $500.00 dollars and be imprisoned not less than 30 days nor more than 6 months (that time can be suspended for probation). A second offense within a period of three years carries a minimum fine of $1000.00 and a mandatory period of incarceration of 60 days which cannot be suspended.
Contact A Milford Delaware Driving License Suspension Defense Attorney
If you have been charged of driving with a suspended drivers license in Delaware call Smyrna Delaware Traffic Violation Lawyer John R. Garey at 302 744 9290. Mr. Garey has many years experience handling all types of traffic violations in Kent County, Delaware including Driving While Suspended. He understands the penalties you may face and will fight for you and attempt to get you the most favorable outcome possible.
Dover Delaware Criminal Defense and Traffic Violation Lawyer John R. Garey dutifully serves those charged with crimes, misdemeanors, DUI and traffic offenses throughout Kent County, Delaware and Sussex County, Delaware including, but not limited to, Smyrna, Dover, Harrington, Milford, Little Creek, Leipsic, Georgetown. Seaford, Delmar, Millsboro, Milton, Lewes, Rehoboth Beach, Long Neck, Five Points, Dewey Beach, Bethany Beach, Fenwick Island and Ocean View.