Your driver’s license may be suspended for several reasons, including failure to pay traffic tickets, court costs, child support, FR judgments, or point suspension, to name a few. If your license is suspended and you are stopped while driving, it is likely that you have been charged with Driving While License Suspended (“DWLS”). Oftentimes, this results in the officer issuing a citation and/or making an arrest. In cases where there was not an arrest, it may be difficult to distinguish between a criminal citation and a civil citation for DWLS and the effects of each.

If you have been issued a civil citation (“traffic ticket”) for DWLS without knowledge, court is not mandatory. A civil citation does not require a court appearance unless you elect a hearing. If you do not elect a hearing for your civil citation, payment of the traffic ticket will result in adjudication, and points will be assessed on your license. To avoid points, or if you are concerned about them, it is in your best interest to elect a hearing. It is also beneficial to retain counsel for this hearing. An attorney can make arguments on your behalf to ensure that points are not assessed or, under certain circumstances, argue for a dismissal of your civil DWLS.

If you were not arrested but received a civil citation for DWLS with knowledge and a mandatory court date, this is considered a criminal DWLS. If you were arrested for DWLS, it is very likely that you will be charged with a criminal DWLS. If you are stopped for the first time for driving while your license is suspended, the officer may issue a civil DWLS or a criminal DWLS. If you are convicted (“adjudicated”) of DWLS, this will count as one strike towards becoming a habitual traffic offender (“HTO”). Whether you receive a civil DWLS or a criminal DWLS will depend on your driving record, notice of suspension, the reason for suspension, and other factors.

Driving while your license is suspended is considered an enhanceable offense, which means if you receive a second or third DWLS, the punishment is enhanced. For example, if you have a previous DWLS conviction and you are stopped a second time, you can face up to one year in jail and/or twelve months of probation. If you are stopped a third time, you will very likely be arrested and may be charged with a felony DWLS, which could result in you becoming a habitual traffic offender. A habitual traffic offender is a person whose license is revoked for a period of five years due to three qualifying traffic convictions within a five-year period. Qualifying offenses include DWLS and driving under the influence (“DUI”).

Having a conviction for DWLS or being classified as a habitual traffic offender may cause additional hardships in your life, especially if you hold a commercial driver’s license (“CDL”). It can also create difficulties by leaving a permanent mark on your record, raising insurance premiums, and harming your professional license or career. If you have been issued a citation or arrested for driving while your license is suspended, revoked, canceled, or expired (“DWLS”), we can assist you with both the civil citation and the criminal case. At Gans Law, we can also help you with the full reinstatement of your license or with obtaining a hardship or business purposes only (“BPO”) license. Contact our office today for a free consultation.