Under Section 1543 of the traffic code, it is illegal for any person who is driving a motor vehicle on a highway or traffic way after the commencement of a suspension or revocation. Individuals could be charged if they are in operation of a vehicle on a highway or traffic way, not on a private road. Additionally, they could be charged if their license is suspended at the time of this offense.
Some of the common causes of a license suspension is points on a license from other traffic citations that have accumulated as well as driving under the influence (DUI) license suspension. Another way license suspension could occur is through insurance suspension if they fail to keep their car insured or unpaid fines to PennDOT, which will lead to suspension and can be cured by simply contacting PennDOT and paying those fines.
If you have been charged with unlicensed driving or driving with a suspended license, it is best to retain the services of an experienced traffic lawyer. They could help you understand the consequences of license suspension and driving without a license in Mongomery County.
Unlicensed driving is a violation of the driving code. Every person who is operating a vehicle on the road is required to have a valid license with them. When driving without a license, they can be fined $200. If their license has simply expired for less than a year, the fine would be less, only $25.
Also, there is a defense to this citation. If someone had a license but was not carrying it, they can present their license within 15 days to show that they did have a license at the time they were driving as long as it was valid at the time.
This is typically a summary offense, meaning that it is less than the misdemeanor conviction. However, it is still going to go on someone’s driving record, and all traffic citations and points could ultimately affect someone’s insurance payments.
Someone should expect to get a ticket under Section 1511 carrying and exhibiting driver’s license on demand, and they can expect that if they are able to show up with their license, under section 1501(a), this will allow them not to be convicted if they present their license. They can expect a simple fine penalty if that is the only charge against them, and the only reason that they were stopped for the infraction. The penalties are a $25 fine to a $200 fine depending on the status of their license and why they were unlicensed at that time.
Driving while someone’s license is suspended in Montgomery County is a more serious offense than simple unlicensed driving. This could include possible fines or jail time. This is treated as a more serious offense because the court and a police officer will consider the person as having been warned or on notice from PennDOT that they were not supposed to be driving at the time, and yet they are driving anyway.
The penalties for this charge can be high, especially if someone is driving while under DUI suspension in particular. Someone whose license was suspended and revoked due to a DUI can be punished by up to $500 fine and 60 to 90 days in jail. The second time they will be required to pay $1,000 fine and at least 90 days in jail, and a third time they would be charged with a third-degree misdemeanor resulting in a $2,500 fine and at least six months in jail. If someone is suspended with a license and is also impaired, this would also be punishable by mandatory jail time and mandatory fines.
Following a charge for driving under the influence, it is best to seek help from a skilled traffic lawyer. Attorneys can build a defense one of two ways challenging the proof of operation or challenging the suspension and notice. Challenging the proof of operation looks at whether the person charged was actually the person driving, whether the car was in motion, and whether they were on a public road. Also, they can challenge the suspension aspect whether the suspension was valid and in effect at the time this person was stopped or arrested.
Speak to a seasoned attorney to learn about your legal options following a charge for license suspension and driving without a license in Mongomery County. Call today to get started building your defense.