Michigan Driving While License Suspended Lawyer
Charged with Driving with a Suspended License? Our Attorneys Can Help
Whether it was unintentional or the result of poor judgment, driving with a suspended license in Michigan carries serious penalties and consequences, including jail time, fines, and a criminal record.
Fortunately, the attorneys at Gentry Nalley know exactly how to handle charges involving driving with a suspended license.
Our attorneys are ready to help clients like you who are facing license-related criminal charges involving:
- Driving while license suspended, revoked, or denied
- DWLS first offenses
- Repeat DWLS charges
- Driving while license revoked
- Driving after an OWI-related suspension or revocation
- Driving after unpaid tickets or failure-to-appear suspensions
- License-related charges after a traffic stop
- Suspended-license charges involving accidents
- Cases involving driver’s license reinstatement or restoration questions
Let us provide focused legal representation designed to help you address the charge, protect your record, and move forward.
Legal Help After Driving with a Suspended License
Our defense attorneys help drivers like you get their lives back after being charged with driving with a suspended license (DWLS).
From the moment you contact us, we’ll start building a tailored defense strategy that can include examining the facts, evidence, and police procedures to find potential weaknesses or opportunities to have the charges reduced or even dropped altogether.
This process begins with establishing the legal repercussions of driving with a suspended license in Michigan, which is not simply a traffic ticket.
Rather, it is a criminal offense that can lead to jail time, fines, probation, additional license penalties, and a permanent criminal record under Michigan law, specifically MCL 257.904. This law prohibits a person from operating a motor vehicle when their license has been suspended, revoked, or denied.
Under this law, a person whose operating privileges have been suspended “shall not operate a motor vehicle upon a highway or other place open to the general public or generally accessible to motor vehicles.”
In other words, no one with a suspended license in Michigan is allowed to drive a motor vehicle on public roads, parking lots, and any other areas accessible to vehicles or the general public.
If you’re facing charges that involve driving with a suspended license, the defense attorneys at Gentry Nalley are ready to provide the legal help you need.
Penalties for Driving with a Suspended License in Michigan
Our strategic defense is designed to minimize the penalties you face from driving with a suspended license.
These can include:
First Offenses
Under MCL 257.904(3)(a), a first offense is punishable by up to 93 days in jail, a fine of up to $500, or both.
In addition to jail and fines, courts may impose probation, community service, court costs, and additional conditions. Judges may also order compliance with any unresolved licensing issues before the case is completed.
Second Offenses
A second or subsequent offense is substantially more serious. Under MCL 257.904(3)(b), repeat offenders may face up to one year in jail and fines of up to $1,000.
It’s important to note that Michigan drivers with prior DWLS convictions, prior operating while intoxicated (OWI) offenses, or extensive traffic histories are significantly more likely to face incarceration.
Michigan law also authorizes the Secretary of State to cancel registration plates connected to certain suspended-license violations.
Losing these registration privileges can create major transportation difficulties and may affect other household members who use the vehicle.
When Serious Accidents Occur
In many cases, driving with a suspended license becomes dramatically more serious if an accident occurs.
Under MCL 257.904(5), a driver operating on a suspended license who causes serious impairment of a body function may be charged with a felony punishable by up to five years in prison and fines ranging from $1,000 to $5,000.
If the accident results in death, MCL 257.904(4) authorizes penalties of up to 15 years in prison and fines between $2,500 and $10,000.
Because these felony offenses carry life-changing consequences, they are often prosecuted aggressively throughout Michigan. Thus, hiring an experienced defense attorney like Gentry Nalley can be critical in these situations.
Hidden Consequences
When considering the consequences of driving with a suspended license, many people primarily focus on whether they might go to jail or pay hefty fines.
However, the collateral consequences of a suspended license conviction can have greater effects long-term, since they can continue to impact the driver long after the criminal case ends.
For example, auto insurance companies often treat DWLS convictions as indicators of high-risk driving behavior. As a result, drivers commonly face steep premium increases that can last for many years, resulting in higher costs than court fines. In other cases, there may be difficulty obtaining coverage or policy cancellations.
Another potential impact is how employment may be affected by license-related offenses, particularly for individuals who drive for work or hold professional licenses. Thus, commercial drivers are especially vulnerable because even misdemeanor driving convictions may threaten their livelihood.
A conviction may also extend the original license suspension period that led to the charges in the first place, making it even harder for the driver to legally restore their license.
All of these consequences can suddenly compound in a person’s life. As a result, the cycle can become extremely difficult to escape, especially for those already struggling with transportation, employment, or financial problems.
Fortunately for you, the defense attorneys at Gentry Nalley know exactly what to do to help you minimize or even avoid the consequences of suspended license-related offenses.
What to Expect When Facing Driving with a Suspended License Charges
From beginning to end, our attorneys know what to expect and how to handle the process surrounding charges for driving with a suspended license.
Let us show you what the legal process often entails and how we will help you at each step:
Traffic Stop and Citation
Most suspended license cases begin with a routine traffic stop. An officer may pull a driver over for speeding, a defective taillight, expired registration, or another minor violation.
Once the officer checks the driver’s information through Michigan Law Enforcement Information Network (LEIN) or Michigan Secretary of State records, the suspension is usually discovered immediately.
Depending on the circumstances, the officer may then issue a misdemeanor citation or make a custodial arrest. Drivers with prior offenses or outstanding warrants are more likely to be arrested.
If you’ve received a citation or have been arrested, our attorneys are ready to start working on reducing or even dismissing your charges while advising you on what and what not to do.
Arraignment
After charges are issued, the case proceeds through the criminal court system. The first formal court proceeding after a person is arrested is known as an arraignment.
Here, the judge will:
- Explain the charges
- Advise the defendant of their constitutional rights
- Potentially impose bond conditions
With our attorneys there, we can note each charge and how to fight it, along with helping you pay the bond and be released.
Pretrial Proceedings
From there, the case then moves into pretrial proceedings. This is where our attorneys can really go to work for you. Because we think like investigators and not just attorneys, we have already built an effective defense strategy that we can use as we negotiate with the prosecutor regarding:
- Charge reductions
- Plea agreements
- Dismissal possibilities
- Sentencing recommendations
We also know how to take practical steps to help improve your outcome. For example, our attorneys have found that resolving the underlying suspension problem can significantly improve the outcome of the case in many Michigan courts.
We have also found that judges and prosecutors are more receptive when drivers take proactive steps to become legally licensed again, which we can also help with.
If no plea agreement is reached, the matter may proceed to trial.
Trial
If no agreement is reached, you may proceed to trial.
To obtain a conviction, the prosecution generally must prove:
- Your license was suspended, revoked, denied, or invalid
- You operated a motor vehicle
- The operation occurred in a place open to the public
Fortunately, our attorneys at Gentry Nalley built our practice in the courtroom, allowing us to provide aggressive representation in court where we challenge evidence and present compelling arguments before judges.
As you can see, a complex legal process surrounds dealing with charges involving license-related offenses. Our defense attorneys at Gentry Nalley understand how to handle each step in order to help you get the best outcome possible and move forward in life.
Reducing DWLS Charges in Michigan
In some cases, our attorneys may be able to negotiate a reduction from a DWLS charge to a non-moving violation or another offense with fewer licensing consequences.
These charge reductions may include:
- Failure to display operator’s license
- Civil infractions
- Non-moving violations
However, this can depend on whether you have a prior record, the prosecutor handling the case, and the policies of the local court.
As a result, drivers who quickly resolve outstanding tickets, obtain valid insurance, or restore their license are often in a stronger negotiating position to have their charges reduced.=
Additionally, the reason for the suspension can be a major factor in the outcome of your case, since courts tend to view administrative suspensions more favorably than suspensions connected to drunk driving or repeat dangerous driving offenses.
Let our defense attorneys utilize our strong negotiating skills and criminal defense experience to maximize the chances of having your suspended license charges reduced.
What You Should Do After Being Charged for Driving with a Suspended License
To help reduce or dismiss your charges, our attorneys have outlined some of the most important steps to take after being charged with driving with a suspended license.
These include:
1. Stop Driving
One of the biggest mistakes people make after receiving a suspended license charge is continuing to drive.
This is because having additional violations added to your DWLS charge can quickly transform a manageable case into a much more serious legal problem, since continuing to drive can quickly lead to repeat-offender penalties.
2. Contact an Experienced Michigan Criminal Defense Lawyer
The sooner you get our experienced Michigan criminal defense attorneys on your side, the sooner we can begin steering matters in the right direction for you. We can examine evidence for weaknesses, identify defenses, negotiate with prosecutors, and help minimize both criminal and licensing consequences.
As a result, our defense attorneys may be able to help you:
- Reduce charges
- Avoid jail
- Protect your record
- Restore driving privileges faster
3. Determine Why Your License Was Suspended
Our attorneys can help you establish why the suspension occurred by obtaining your driving record online through the Michigan Secretary of State.
Understanding the exact reason for the suspension is essential because different reinstatement requirements may apply.
Examining your record helps identify:
- Active suspensions
- Reinstatement requirements
- Outstanding tickets
- Holds or revocations
This allows our defense attorneys to create a strategy that addresses your unique situation.
4. Resolve Underlying Issues
Resolving the underlying issue as quickly as possible is often one of the most important steps in improving the outcome of the criminal case.
Depending on your circumstances, this may include:
- Paying outstanding fines
- Appearing in court
- Obtaining insurance
- Completing treatment programs
- Paying reinstatement fees
The Michigan defense attorneys at Gentry Nalley are ready to help you with these steps as we build a strong defense for your case designed to reduce your charges and improve your outcome.
What If You Did Not Know Your License Was Suspended?
Even though these are criminal cases, many suspended license cases do not involve dangerous driving.
Instead, the most common reasons for drivers to have their license suspended involve administrative issues, such as unpaid fines, mail notices sent to an old address, clerical errors, or failure to appear in court.
Thus, many drivers honestly have no idea their license was suspended. But unfortunately, a lack of knowledge of a suspension does not automatically prevent criminal charges.
However, this lack of awareness of what occurred can still be an important factor in negotiations and sentencing in Michigan courts.
This is because judges and prosecutors are often more sympathetic toward drivers who had administrative suspensions, clean records, and who promptly corrected the problem once they became aware of it.
The defense attorneys at Gentry Nalley can use this and other approaches to effectively present matters before judges and prosecutors to convey important details that can reduce your charges.
Restoring Driving Privileges in Michigan
Rather than using a generic approach, our attorneys analyze the unique aspects of your case when helping you restore your driving privileges.
The steps required to regain driving privileges depend on why your license was suspended, revoked, or denied. Some suspensions may be resolved by addressing the underlying issue and paying reinstatement fees. Revoked licenses, especially those involving multiple alcohol-related driving convictions, may require a formal Secretary of State restoration hearing, a Substance Use Evaluation, treatment records, and evidence of sustained sobriety.
Our attorneys have handled driver’s license restoration cases for over 40 years. That means we can anticipate what obstacles you’ll face, what steps you’ll need to take, and how to strengthen your chances of restoring your driving privileges.
Why Hiring a Michigan Criminal Defense Lawyer Matters
Suspended license cases often involve far more legal complexity and consequences than people expect.
These cases often involve complex issues regarding:
- Secretary of State records
- Prior convictions
- Notice requirements
- Administrative errors
- Sentencing mitigation
- License restoration eligibility
Our defense attorneys at Gentry Nalley can handle every aspect involved with your case, including those not listed above.
By doing so, we will identify important defense opportunities and use them to negotiate with prosecutors to help achieve reduced charges and more favorable sentencing outcomes.
Our Attorneys Help You Deal with Driving with Suspended License Charges
In many situations, early legal intervention by an effective Michigan defense attorney can substantially improve the outcome of the case and help prevent future licensing problems.
Our defense attorneys at Gentry Nalley are ready to develop a tailored legal strategy for you that’s based on a thorough examination of the evidence, charges, and Michigan laws.
Let us work hard to increase the chances of reducing your charges, restore driving privileges, and minimize long-term damage to your criminal and driving records.
Frequently Asked Questions
Is driving with a suspended license a misdemeanor in Michigan?
Yes. Under MCL 257.904, it is generally a criminal misdemeanor offense.
Can my car be impounded?
Potentially, yes. Registration plate cancellation and vehicle consequences are authorized in some cases.
Will I lose my license for a longer time?
Possibly. A DWLS conviction may extend suspension periods.
Can the charge be dismissed?
Sometimes. Outcomes depend on the facts, court, prosecutor, and how quickly underlying issues are corrected.
Do I need a lawyer?
It is strongly recommended to have a lawyer, since even a first offense can create serious criminal and licensing consequences. Gentry Nalley’s attorneys know how to handle any charges involving driving with a suspended license.
Contact Our License Suspension Attorneys Today
If you are facing a suspended license charge in Michigan, it is important to get help navigating the laws, penalties, court processes, and what steps you can take to protect yourself.
The defense attorneys at Gentry Nalley are ready to provide proactive legal representation, quick corrective action, and strategic negotiation to help you put these charges behind you.
Call 517-552-4092 or fill out our contact form to contact us today.