A 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.