Traffic and Suspended and Revoked License Offenses

Driving While License Suspended

first offense of driving while license is suspended is a misdemeanor and can result in up to 93 days imprisonment and/or a fine of up to $500. A person must have knowledge that their license is suspended before they can be guilty of operating a vehicle while their license is suspended.

The most common defense for driving while license is suspended is that the secretary of state did not provide the defendant notice that their license was suspended; notice must be by person or first class mail addressed to the person whose license is suspended.

It is very important to remember that if any offense like DLWS appears on your driving record as a conviction during a period of suspension, the Secretary of State will automatically add an additional suspension of the same period of time. Its called a 904 suspension. For example, if you were suspended for six months for an unsatisfactory driving record and get a ticket during that suspension time, the Secretary of State will automatically add another six month suspension. When negoiating a plea bargain, it is important for the attorney to know what offenses are abstratced to a driving record by the court and which ones are not.

It is always best be plea to a non abstractable offense to avoid the additional 904 suspension. A good attorney like Barton Morris will accomplish that for his clients.

If you have been charged with driving while license suspended in the Oakland, Wayne or Macomb County communities of Royal Oak, Bloomfield Hills, Detroit, Warren, Troy, Rochester Hills, Farmington Hills or any surrounding area and want the best defense, call Michigan Criminal Attorney Barton Morris at (248) 541-2600. Recently voted Top Attorney in Metro Detroit for 2012 and 2013 in Criminal Defense.

Driving While License Suspended Second Offense

A second offense of driving while license is suspended will result in imprisonment for up to 1year and/or a fine up to a $1000.

Some defenses to driving while license is suspended, 1st or 2nd offense, include emergency situation where human life is in danger, mistaken identity as to the driver, and reasonable doubt.

It is very important to remember that if any offense like DLWS appears on your driving record as a conviction during a period of suspension, the Secretary of State will automatically add an additional suspension of the same period of time. Its called a 904 suspension. For example, if you were suspended for six months for an unsatisfactory driving record and get a ticket during that suspension time, the Secretary of State will automatically add another six month suspension. When negoiating a plea bargain, it is important for the attorney to know what offenses are abstratced to a driving record by the court and which ones are not.

It is always best be plea to a non abstractable offense to avoid the additional 904 suspension. A good attorney like Barton Morris will accomplish that for his clients.

If you have been charged with driving while license suspended in the Oakland, Wayne or Macomb County communities of Royal Oak, Bloomfield Hills, Detroit, Warren, Troy, Rochester Hills, Farmington Hills or any surrounding area and want the best defense, call Michigan Criminal Attorney Barton Morris at (248) 541-2600. Recently voted Top Attorney in Metro Detroit for 2012 and 2013 in Criminal Defense.

Driving While Licensed Revoked

A license revocation is different that an license suspension. After a license suspension, the license holder automatically regains their license privileges with the payment of a reinstatement fee. After a revocation, the license holder must ask for the ability to drive again. License revocation are common with mulitple DUI offenses. Two DUI offenses incurred within seven years results in a one year license revocation. Three DUI offenses within ten years results in a five year revocation.

It is very important to remember that if any offense like DLWR appears on your driving record as a conviction during a period of suspension, the Secretary of State will automatically add an additional suspension of the same period of time. Its called a 904 suspension. For example, if you were suspended for six months for an unsatisfactory driving record and get a ticket during that suspension time, the Secretary of State will automatically add another six month suspension. When negoiating a plea bargain, it is important for the attorney to know what offenses are abstratced to a driving record by the court and which ones are not.

It is always best be plea to a non abstractable offense to avoid the additional 904 suspension. A good attorney like Barton Morris will accomplish that for his clients.

If you have been charged with driving while license revoked in the Oakland, Wayne or Macomb County communities of Royal Oak, Bloomfield Hills, Detroit, Warren, Troy, Rochester Hills, Farmington Hills or any surrounding area and want the best defense, call Michigan Criminal Attorney Barton Morris at (248) 541-2600. Recently voted Top Attorney in Metro Detroit for 2012 and 2013 in Criminal Defense.

 

Reckless Driving

Reckless driving means intentionally driving on a public roadway in a willful or wanton disregard for the safety or other people or property. This is a misdemeanor that may result in up to 93days imprisonment and/or a fine of up to $500. A lesser offense of reckless driving would be careless driving, which means that there was no intent to drive recklessly or cause harm.

If you have been charged with reckless driving in the Oakland, Wayne or Macomb County communities of Royal Oak, Bloomfield Hills, Detroit, Warren, Troy, Rochester Hills, Farmington Hills or any surrounding area and want the best defense, call Michigan Criminal Attorney Barton Morris at (248) 541-2600. Recently voted Top Attorney in Metro Detroit for 2012 and 2013 in Criminal Defense.

Fleeing and Eluding a Police Officer

Fleeing and Eluding means that while driving a motor vehicle, a person willfully failed to obey a lawful police signal or command to stop. The officer signaling must be in uniform and in an identifiable police or DNR vehicle at the time of signing/commanding the stop.

There are four degrees of Fleeing and Eluding based on the result of the violation: 1. If a death occurs, it’s a 1st degree fleeing and eluding, it’s a felony with up to 15 years imprisonment and/or $5000 fine and license revocation. 2. If serious injury occurs or the defendant has prior convictions of Fleeing and Eluding, it’s 2nd degree felony with up to 10years imprisonment and/or a $5000 fine, and license revocation. 3. If a collision of accident occurs as a result, or part of the violation occurs in an area with a speed limit of 35 or less, or there are prior convictions for F&E, it’s a 3rd degree felony with up to 5 years imprisonment and/or $1000 fine, and license suspension. 4. The act of F&E is a fourth degree felony with up to 2 years imprisonment and/or $500 fine, and a license suspension.

There are some possible defenses to Fleeing and Eluding such as it was unsafe to stop immediately, there was an emergency or necessity that prevented the driver from stopping immediately, the car had equipment failure that prevented the driver from safely stopping, the police officer was not preforming a lawful duty, the driver had a reasonable belief that the person attempting to stop him was not actually a police officer, etc.

Lesser offenses include leaving the scene of an accident, failing to stop and give identification at the scene of an accident, or reckless driving.

If you have been charged with fleeing and eluding in the Oakland, Wayne or Macomb County communities of Royal Oak, Bloomfield Hills, Detroit, Warren, Troy, Rochester Hills, Farmington Hills or any surrounding area and want the best defense, call Michigan Criminal Attorney Barton Morris at (248) 541-2600. Recently voted Top Attorney in Metro Detroit for 2012 and 2013 in Criminal Defense.

Failure to Stop and Identify at the Scene of a Property Damage Accident

Failure to Stop at a Property Damage Accident is commonly called Hit and Run. It is a six point offense. I can typically negotiate a plea to a zero point offense and a fine.

DLAD Driver License Restoration

If you have a revoked license for multiple drunk driving offenses contact Attorney Barton Morris for the best chance to get it back. Barton Morris is highly experienced in conducting the Driver License Appeal Division Hearings and is very successful. Attorney Morris not only prepares you for the hearing but also assists you with the preparation of letters and the substance abuse evaluation. Don’t let another year go by without your license so that you can get to work and stop relying on everyone else.

The reason most people are not successful in obtaining their license the first time is because they do not understand the process and what is expected. They believe that they can do it without an experienced attorney then they have to wait a full year when they get denied. The ONLY was to ensure success is to retain an attorney who thoroughly knows the process which greatly increases your likelihood for victory.

Have you recently been denied your license, call Attorney Barton Morris as soon as possible. Attorney Morris may be able to win this case on appeal or at least get you an earlier hearing date.

The process begins by reviewing your driving record, which we can obtain immediately in the office, and determine your eligibility and conviction history. At this time, we will also engage in an extensive review of your personal history and provide a detailed overview of the process.

You will be referred to the appropriate substance abuse evaluator for an evaluation and drug test. Once the evaluation is completed, we review it for accuracy and completeness with you prior to submission to the state. After submission it takes an average of six weeks to receive the hearing date. During that six weeks we assist the client in development and preparation and review of the required three to four letters from close friends and family documenting sobriety.

Prior to the hearing we meticulously prepare the client with a mock hearing where we review all anticipated questions and ensure the client knows exactly what to expect. This includes questions that are particular to each of the hearing officers all of whom we are very familiar with and know what they individually are looking for.

During the hearing we will conduct the examination and presentation of the evidence. We also handle any follow up investigations or evidence submission.

After your license is approved, if a Breath Alcohol Ignition Interlock Device is required, we will assist you in procuring this device at the best cost available.

The key to success is proper preparation and meticulous review of all evidence to be submitted.

If everything goes as planned, your license privileges can be restored in as little as 10 weeks.

To visit the State of Michigan’s website regarding license restoration click here.

Click here to get the forms necessary for submission to the state. Call 248-541-2600 with any questions.

in 2011 Barton Morris had a 96% success rate for license restorations, for more info click here.


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