Driving with a suspended license is a serious offense that can lead to significant penalties, including fines, extended suspension periods, and even jail time. However, if you’re caught driving with a suspended license, there are potential legal defenses that might help you avoid or reduce these penalties.
Lack of knowledge
Arguing that you were not aware that your license was suspended or revoked is one of the most popular defenses. For the state to convict you of knowingly driving with a suspended license, they must prove that you knew about the suspension.
Invalid suspension
Another possible defense is challenging the validity of the suspension itself. The suspension may be invalid if it resulted from a clerical error or incorrect processing by the Department of Highway Safety and Motor Vehicles (DHSMV).
For instance, if you paid a fine or resolved the issue that led to the suspension, but the DHSMV didn’t update your record, you could argue that the suspension was not valid at the time you were caught driving.
Necessity
You can argue a defense known as the “necessity defense,” where you had no choice but to drive due to an emergency. For example, if you had to drive to take someone to the hospital or flee from a dangerous situation, this defense might apply. However, the situation must be dire, and you must prove that driving was the only viable option.
Mistaken identity
If someone else was driving your car, and you were mistakenly identified as the driver, you could argue mistaken identity as a defense. To demonstrate that you were not the driver at the time of the offense, you would need to provide evidence, such as witnesses or video footage.
Protecting your rights
Navigating a suspended license charge can be challenging, but understanding your defenses can help mitigate the impact. Carefully evaluating your circumstances and presenting a strong case can make a significant difference in the outcome.