What is the Penalty For Driving While License Suspended ?
If you have received a ticket for Driving While License Suspended in Michigan you are facing a criminal charge. Many people underestimate the seriousness of a DWLS charge, thinking that it is simply a traffic ticket. By way of example, Judge Diane Dickow D'Agostini of the 48th District Court in Bloomfiled Hills Michigan sentenced repeat offenders to 6 months to 1 year in the Oakland County jail for this charge. Consulting with an experienced Michigan Attorney is the best thing you can do if you are facing a charge of driving while license suspended. William Maze of The Maze Legal Group has been helping people handle such charges for nearly 20 years and can explain the best way for you to handle this issue with the least amount of damage.
DWLS And My Michigan Drivers License
Being convicted of a Driving While License Suspended charge can lead to additional sanctions on your Michigan drivers license and can even result in jail time. Michigan law states the following:
(1) A person whose operator's or chauffeur's license or registration certificate has been suspended or revoked, whose application for license has been denied, or who has never applied for a license, shall not operate a motor vehicle upon a highway or other place open to the general public or generally accessible to motor vehicles, including an area designated for the parking of motor vehicles, within this state.
(2) A person shall not knowingly permit a motor vehicle owned by the person to be operated upon a highway or other place open to the general public or generally accessible to motor vehicles, including an area designated for the parking of vehicles, within this state by a person whose license or registration certificate is suspended or revoked, whose application for license has been denied, or who has never applied for a license, except as permitted under this act.
(3) Except as otherwise provided in this section, a person who violates subsection (1) or (2) is guilty of a misdemeanor punishable as follows:
(a) For a first violation, by imprisonment for not more than 93 days or a fine of not more than $500.00, or both. Unless the vehicle was stolen or used with the permission of a person who did not knowingly permit an unlicensed driver to operate the vehicle, the registration plates of the vehicle shall be canceled by the secretary of state upon notification by a peace officer.
(b) For a violation that occurs after a prior conviction, by imprisonment for not more than 1 year or a fine of not more than $1,000.00, or both. Unless the vehicle was stolen, the registration plates of the vehicle shall be canceled by the secretary of state upon notification by a peace officer.
There are many defenses to DWLS that your attorney should discuss with you. The prosecution has to prove you were actually driving a motor vehicle. This seems pretty cut and dry, but there is a much wider explanation given in the jury instruction for driving while license suspended. The definition of operating a vehicle is broader. This and many other things can be looked into as a possible defense for your DWLS.
DWLS is a charge that can be taken to trial and won. Maze Legal can explain to you the various ways this is possible. Call our office today and speak with William Maze about your case or fill out a free online evaluation form and find your your options.
Should I take a "NO OPS" reduction?
Another thing you should be aware of when facing a Michigan driving while license supended charge is a reduction to “no ops”. Often times a prosecutor will offer to amend the charge of DWLS to a Michigan “ no ops on person”. The definition of “ no ops” is as follows:
MCL 257.311:
257.311 Possession of operator's or chauffeur's license or receipt when operating motor vehicle required; display; identification.
Sec. 311.
The licensee shall have his or her operator's or chauffeur's license, or the receipt described in section 311a, in his or her immediate possession at all times when operating a motor vehicle, and shall display the same upon demand of any police officer, who shall identify himself or herself as such.
There can be benefits to accepting this reduction but the thing that you should be aware of is a “no ops” conviction will be reported to the Michigan Secretary of State. This will later be proof of driving while license suspended if you are trying to reinstate a revoked driving privilege. This is something that would only be advised if there is no other alternative to handling the driving on suspended charge. Contact Maze Legal today to discuss and the many other options available to you when handling a DWLS charge in Michigan.
Top Michigan Drivers License Attorney for DWLS
Call today for your free consultation regarding your driving on suspended license charge in Michigan. Attorney William Maze has been successfully handling DWLS cases in Michigan for nearly twenty years. Have your questions answered and make an informed decision about your future. Having a drivers license is a big part of getting around in Michigan due to the lack of public transportation, do not lose your freedom without weighing your options.