In Fairfax, one of the biggest aggravating factors in a driving on suspended license charge is whether or not the person actually knew his license was suspended. However, courtroom bureaucratic errors happen more often than you might realize, and if you were not given significant notice, you could have a viable defense against the charges you are facing. Reach out to a dedicated traffic attorney today to get the help you need.
Another aggravating factor for someone who is charged with driving while on a suspended or revoked license is whether they have prior convictions for the same charge. If this is their third or subsequent charge for driving on a suspended or revoked license, they face mandatory jail time. Judges and prosecutors also look at the reason for the suspension. If a person’s license is suspended for an actual traffic event such as a DUI or reckless driving versus simply a failure to pay fines and costs, they could be more at risk.
One of the most common defenses for driving on a suspended or revoked license is attacking the notice requirement. In Fairfax, the prosecutor must show that the driver knew or should have known their license was suspended. It is often difficult for them to do so without an admission from the driver.
Mitigation is important when a person is charged with driving on a suspended or revoked license. Getting your license back before going to court on the charge is the best way to minimize the effects of such a charge. An attorney can help with that.
Even if you are unable to get your license restored prior to court, there are other mitigating factors in a driving on suspended license case. Some of these include the reasons for the suspension in the first place, such as failure to pay fines and costs, or the reason for the driving. If you were driving for an emergency or other justified purpose, that could act as mitigation in your case, and judges and prosecutors might act with more leniency.
Conversely, a charge that could lead to a suspended or revoked license could be aggravated if a Fairfax driver had the means to pay a fine, but willfully disregarded that requirement issued by the courts.
It is important to hire an experienced Fairfax defense attorney in cases of driving on a suspended or revoked license because oftentimes these charges carry additional suspension periods as well as potential jail time. When someone is convicted of driving on a suspended or revoked license, they receive an additional license suspension which often makes it very hard for someone to get their license back without being able to drive to work to make money in order to pay off those fines and costs.
They could end up in a vicious cycle of additional suspensions without ever being able to get their license back properly. A Fairfax attorney knows the specific issues and defenses available to individuals charged with these crimes and can certainly help mitigate and minimize the effects on each individual person.
Aggravating factors to a suspended or revoked license in Fairfax are important to avoid. If you are facing a traffic or criminal violation that could jeopardize your driving privileges, it could be a huge benefit to have an attorney at your side who could advocate for your case. Contact an attorney today.
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