Though there are serious penalties on the line, individuals charged with DWLS do have the right to defend themselves against the government’s accusations. Attorney Shawn HaffWe are available by phone 24/7, Driving While License is Suspended (DWLS), 250 Monroe Ave NW Suite 304 Grand Rapids, MI 49503, Delivery Manufacture Of A Controlled Substance. Driving With A Suspended License | Michigan DWLS Lawyers In … Driver License Suspension in Michigan If the Michigan Secretary of State (SOS) suspended your driver’s license, you’ll need to satisfy your suspension requirements to have it reinstated. - … The Criminal Defense Law Center of West Michigan will stop at nothing to make sure all mitigating factors are presented to the local prosecutor in order to get you the best results possible! If convicted, you may face up to 93 days in jail and a fine of up to $500 – for a first offense. DWLS Involving death; When driving with a suspended license results in the death of a road user, the penalties become grave as the offender may be sentenced to as much as 15 years in prison. A person caught driving on a Suspended License at 7:45 am after taking the kids to school, or on their way to work is going to be an easier mark for a “break” than someone who has had their License Revoked for a few DUI’s and who is caught driving home, at about 11:00 pm, and even though they may not have had a sip of alcohol, from a Red Wings game. If a person permitted to operate a motor vehicle in violation of this subsection causes the serious impairment of a body function of another person by operation of that motor vehicle, the person knowingly permitting the operation of that motor vehicle is guilty of a felony punishable by imprisonment for not more than 2 years, or a fine of not less than $1,000.00 or more than $5,000.00, or both. A person convicted for this offense will be facing a mandator license suspension, license plate confiscation, having their vehicle immobilized for at least one year and up to three years. Additionally, vehicle registration plates will be cancelled. While your license is suspended, you are not permitted to drive. Instances in your driving offense will start on the good idea to further information contained in your legal defense. The goal here is to have your lawyer fight for a dismissal or an acquittal at trial. Like all states, Michigan may suspend or revoke your driving privileges for many reasons. This information is not intended to create, and receipt However, the circumstances surrounding an arrest and allegation for DWLS/DWLR can play a significant role in determining the charges and penalties you face, and your options. An individual may get their license suspended for having too making parking tickets that are not paid. Our Okemos criminal defense attorneys at White Law PLLC are readily available to help you protect your rights and driving privileges. They reversed the defendant’s conviction for DWLS because the prosecutor only presented evidence of the accused driving record and offered no evidence of notice from the Secretary of State. ), Failure to stop and render aid at the scene of an accident, Lack of knowledge that a license was suspended, Driving on a suspended license was done in response to an emergency, Reducing charges from felonies to misdemeanors, Avoiding, reducing, or pursing alternatives to jail or prison sentences, Minimizing impact to driving privileges / license reinstatement. In most cases, driving on a suspended or revoked license is a misdemeanor. Driving on a suspended or revoked license can be a misdemeanor or felony, depending on the circumstances. A person faces up to one year in jail and court costs. Driving on a Suspended License is about the most common Offense that I see. Driving on a suspended or revoked license in Michigan is a misdemeanor offense. When it comes to these types of cases, a person’s guilt or innocence is usually clear. It is very rare that a person goes to jail for a first offense conviction of this charge. Repeat offender laws limited driver license restoration relief available in Circuit Court. The maximum fine a person could face for this conviction is $500. If you license is suspended for not paying a reinstatement fee, it will be reinstated immediately after those fees are paid. When people come into our office facing this charge, they are very scared. In Michigan, a person is guilty of driving while his or her operator’s license is suspended or revoked, or “DWLS”, contrary to MCL 257.904, if the prosecutor can prove all of the following elements beyond a reasonable doubt (M Crim JI 15.20):The person was operating a motor vehicle, meaning he or she was driving or had actual physical control of it. Attorney Shawn Haff has a zero-tolerance policy when it comes to defending his clients and protecting their rights. (4) A person who operates a motor vehicle in violation of subsection (1) or a person whose operator’s or chauffeur’s license or registration certificate has been suspended or revoked by another state who operates a motor vehicle during the period of suspension or revocation and who, by operation of that motor vehicle, causes the death of another person is guilty of a felony punishable by imprisonment for not more than 15 years or a fine of not less than $2,500.00 or more than $10,000.00, or both. Driving on a Suspended or Revoked License in Michigan - Part 2 - … There is a major difference though between these two charges. As you can see, the statute essentially lumps Driving while License Suspended, Revoked, or Denied (as well as driving when no license was ever applied for) all in the same category. Because of this, a person who has a DWLS has a better chance of getting their charges dropped than someone who is charged with a DWLR. Or visit Shawn’s website. The installation of an ignition interlock device may be required. For instance, a person could have their license suspended for having too many unpaid parking tickets, having more than 12 points on their license, or violating the provisions of a restricted license, like driving outside of the approved hours. If the certificate was mailed out later than notice was issued, a member of the Michigan Secretary of State may have to verify its authenticity if the prosecutor hopes to have this evidence admitted into trial. You must have two of these priors within the past seven years. However, the situations and circumstances that cause a person to get either of these charges is different. There are a number of ways to get your driver’s license suspended in Michigan. It is not tough for a local prosecutor to prove you were driving a car or truck when the police officer catches you red-handed. Arrested for DWLS First Offense Driving While License Suspended – DWLS 1st Degree Driving On A Suspended License Laws In Michigan The authority for prosecutors and city attorneys to change someone for driving without a license is found from the statue that is found at MCL 257.904. Citation. A local prosecutor is not going to take your word for it that you were having a medical necessity. Driving While License Suspended Fifth or Subsequent Offenses. Driving While Suspended or Revoked A person who operates a vehicle while on a suspended or revoked license is subject to fines, jail time, and additional license penalties. Your driver’s license may be suspended, restricted, or revoked for reasons including: Operating while intoxicated (OWI) with drugs or alcohol/DWI/DUI. Driving With a Suspended License in Michigan | DWLS Driving With a Suspended License As a criminal law firm with over 30 years of experience, we’ve successfully represented clients charged with a variety of criminal offenses. (b) For a violation that occurs after a prior conviction, by imprisonment for not more than 1 year or a fine of not more than $1,000.00, or both. These commonly include: When it comes to DWLS or DWLR (driving while license suspended/revoked) charges, the reason for an underlying suspension does matter. In the People v Patman, the Court of Appeals in Michigan issued an unpublished opinion. However, a new resident must obtain a Michigan license within 30 days of domicile. Michigan DWLS Explained & Outlined. Our legal team closely evaluates cases to devise tailored defense strategies. (5) A person who operates a motor vehicle in violation of subsection (1) or a person whose operator's or chauffeur's license or registration certificate has been suspended or revoked by another state who operates a motor vehicle during the period of suspension or revocation and who, by operation of that motor vehicle, causes the serious impairment of a body function of … We can help you out and give you guidance to what steps you need to take in order to get your license back as soon as possible. The statue is long, but is important to give you the full context of the law: 1) A person whose operator’s or chauffeur’s license or registration certificate has been suspended or revoked, whose application for license has been denied, or who has never applied for a license, shall not operate a motor vehicle upon a highway or other place open to the general public or generally accessible to motor vehicles, including an area designated for the parking of motor vehicles, within this state. If you are hit with a DWLS charge and didn’t get proper notice that your license had been suspended. It could be you needed to get to work or had a job interview. DWLS And My Michigan Drivers License. Unless the vehicle was stolen, the registration plates of the vehicle shall be canceled by the secretary of state upon notification by a peace officer. There is a major difference though between these two charges. (6) In addition to being subject to any other penalty provided for in this act, if a person is convicted under subsection (4) or (5), the court may impose the sanction permitted under section 625n. The next objective is to get a lesser offense that will allow you to not have any restrictions on your ability to drive legally. There are plenty of exceptions, however, and we’ll get to those later. Nothing on this site should be taken as legal advice for any individual Unless the vehicle was stolen or used with the permission of a person who did not knowingly permit an unlicensed driver to operate the vehicle, the registration plates of the vehicle shall be canceled by the secretary of state upon notification by a peace officer. and suspended license michigan driving, as a heart attack or the hardship. If you want to get your license back from a revocation, a person needs to apply for a license and have a hearing. Shawn knows how to get results and will stop at nothing to get you an acquittal of the best results possible. This extension can range from restarting the original period, to run from the time of sentencing, up to and including, doubling the original term. If you drive with a suspended or revoked license, you may be charged with a crime. The elements required to get a conviction for DWLS or DWLR are a person has to have 1. Since driving with a suspended license in Michigan is punishable by law and it may lead to further penalties, reinstating driving licenses in a timely manner is advisable. Driving On A Suspended License In Michigan Protect Your Driving Privileges. Therefore, if you were serving a one-year revocation for a second OWI and were convicted of a second DWLR then the judge could extend the revocation to two years from the date of sentencing. case or situation. There are also a great many reasons why keeping your driving privileges may be vital to your livelihood and essential for your lifestyle. Suite 340 Rarely have we seen someone come into our office and tell us they were issued a DWLS or DWLR misdemeanor ticket when they were caught driving. If you have been arrested and charged with Driving While License is Suspended (DWLS) or Driving While License is Revoked (DWLR), please call our Grand Rapids, Michigan driver’s license attorneys today! The privilege to drive is often taken for granted, but you may lose this privilege for a variety of reasons. Attorney Shawn Haff also sees people get their license suspended for driving during hours of the day that are in violation of a restriction of their license. Local Courts notify the Michigan Department of State to suspend the driver license of persons who fail to respond to a Michigan traffic citation (FAC) or fail to comply with a Court judgment (FCJ). If the vehicle is not ordered forfeited under section 625n, the court shall order vehicle immobilization under section 904d in the judgment of sentence. If you are found driving on a suspended, denied or revoked drivers license, you may find yourself in a position where you are issued a Michigan DWLS ticket. Map & Directions [+]. A lot of people are shocked to find out the ticket they gave was not for a civil infraction but was a misdemeanor criminal offense that requires to them come to court. You need a knowledgeable attorney’s advice as soon as possible. Local prosecutors have very little sympathy for people driving on the roads when they shouldn’t be because prior problems with driving and driving. Driving Without a License in Michigan. This type of ticket is a criminal misdemeanor, generally carrying a possible maximum punishment of 93-days in jail, plus a possible fine, costs and probation. MICHIGAN VEHICLE CODE (EXCERPT) Act 300 of 1949 257.904 Operating vehicle if license, registration certificate, or vehicle group designation suspended, revoked, or denied; penalty; extending period of suspension or revocation; enhanced sentence; furnishing record … One possible outcome is a charge reduction from a first offense DWLS or DWLR to a No Valid Operator’s License on Person. Depending on the violation and how it is resolved, you may be fined, referred to a special program or, in the most serious situations, sent to jail. This charge is a felony that results in a person facing up to five years in prison and a huge fine of up to $5,000. These other open places include a parking lot. You could go into court and enter a guilty plea at your arraignment and not be at risk of incarceration. Just like prosecutors who have very little sympathy for those who lose their license from a DUI, judges feel the same way and are more likely to hammer someone for a DWLR than DWLS. (2) A person shall not knowingly permit a motor vehicle owned by the person to be operated upon a highway or other place open to the general public or generally accessible to motor vehicles, including an area designated for the parking of vehicles, within this state by a person whose license or registration certificate is suspended or revoked, whose application for license has been denied, or who has never applied for a license, except as permitted under this act. Penalties. Driving on a Suspended License in Michigan: What You Need to Know, Traffic offenses (unpaid traffic tickets, too many points, etc. As mentioned above MCL 257.904 covers both DWLS and DWLR. Generally, however, these strategies may focus on: Whether you’ve been charged with a first offense DWLS or DWLR, or have previous convictions or aggravating factors involved in your case, these charges demand immediate attention from experienced lawyers. Call Shawn now at 616-438-6719 for a free case strategy session. If this is a first offense of this nature, you face a potential sentence of up to 93 days in jail and up to $500. Depending on the individual facts involved, DWLS may be charged as a misdemeanor or a felony: There are circumstances where charges and penalties can be elevated, and the risk of felonies and imprisonment increased. A second offense of either DWLS or DWLR carries fines of up to $1000 and up to one year of jail plus additional court costs. A person who is foolish enough to do this is putting their future well being in serious jeopardy. It also makes getting probation as part of your sentence even lower. Under Michigan law, some traffic violations are civil infractions while others are misdemeanors or felonies. (5) A person who operates a motor vehicle in violation of subsection (1) or a person whose operator’s or chauffeur’s license or registration certificate has been suspended or revoked by another state who operates a motor vehicle during the period of suspension or revocation and who, by operation of that motor vehicle, causes the serious impairment of a body function of another person is guilty of a felony punishable by imprisonment for not more than 5 years or a fine of not less than $1,000.00 or more than $5,000.00, or both. Being convicted of a Driving While License Suspended charge can lead to additional sanctions on your Michigan drivers license and can even result in jail time. Driving with a suspended license which leads to an accident causing injuries can be treated as a felony and carries as much as 5 years prison term. Do not hire a lawyer for this charge because they tell you they can keep you out of jail. Michigan law makes it a crime to drive with a suspended or revoked license, and enforces what can be severe penalties upon conviction. These include cases involving: In Michigan, if your license is suspended, you may be able to obtain a restricted license that allows for limited driving to places such as school, work, alcohol or drug treatment, or to get emergency medical care. For most people, it is nearly impossible not to drive at one point or another, particularly considering the lack of public transportation in the state. Driving on a Suspended or Revoked License in Michigan – Part 2 – What Happens in Court September 18, 2009 | by Jeffrey J. Randa In the first Blog post of this 2-part series, we examined the differences between Suspended and Revoked Licenses in Michigan. The maximum punishment for incarceration you can face is up to one year in jail. We will show you how to show the judge and prosecutor you are on the right path. If you are convicted for a first offense of Driving While License Suspended or Driving While License Revoked, you will be facing up to 93 days in jail and a fine of up to $500. Driving without a license is a common charge in Michigan, a state that, with few public transportation options, can be challenging to get around. Restricted License in Michigan. Generally, suspensions related to OWI / DUI convictions, especially multiple convictions, can make for more serious charges and penalties, as well as further restriction of one’s driving privileges. Here in West Michigan, the public transportation system is not where it should be. Point System. Driving On A Suspended License Laws In Michigan The authority for prosecutors and city attorneys to change someone for driving without a license is found from the statue that is found at MCL 257.904. These additional punishments can be restarting the original period of suspension. Misdemeanors. Essential for driving on a year before you are convicted of or the job. A second conviction may result in up to 1 year imprisonment as well as up to $1,000 in fines. If a person permitted to operate a motor vehicle in violation of this subsection causes the death of another person by operation of that motor vehicle, the person knowingly permitting the operation of that motor vehicle is guilty of a felony punishable by imprisonment for not more than 5 years, or a fine of not less than $1,000.00 or more than $5,000.00, or both. A person can drive a vehicle on Michigan roads when a person’s life or property is endangered. Contact us to discuss your case. This charge is codified in MCL 257.301. Alabama §32-6-19. What Happens If I’m Caught Driving with a Suspended License? Driving with a suspended license is not a murder charge, but it is a serious criminal offense that poses penalties and long-term consequences that can impact your finances, freedoms, and ability to drive. Michigan law states the following: MCL 257.904 Driving on a Suspended License Lawyer in Michigan (DWLS) Not having a driver’s license in Michigan is a serious burden. Driver License Restoration Appeal to Circuit Court . In some cases, you may even be charged with a felony. We ease our clients concerns and outline a comprehensive defense that will get our clients the best results possible. If trying to get a plea deal is in our client’s best interest, we try to get the city attorney to agree to let our client plea guilty to the charge of No Valid Operator’s License on Person. For a first misdemeanor conviction, the driver faces up to 93 days in jail, a maximum $500 fine, and cancelation of registration plates. Mandatory Driver License Suspensions and Revocations. However, the circumstances surrounding an arrest and allegation for DWLS/DWLR can play a significant role in determining the charges and penalties you face, and your options. This doesn’t mean your case can’t be won. Motorcyclists are about 28 times more likely than people in passenger cars to die in a traffic crash ... 2549 Jolly Road Driving on a Suspended License in Michigan Michigan Traffic Defense Attorney. If this is a first offense of this nature, you face a potential sentence of up to 93 days in jail and up to $500. If you are convicted for this offense you will be facing up to one year and jail and likely face some time behind bars. Penalties for Driving With a Suspended License in Michigan No matter what reason a license has been suspended for, when a person is caught driving, the charge is misdemeanor and a defendant can be sentenced up to 93 … If you are found driving with a suspended license, you may be imprisoned for up to 5 years, and the length of your suspension may be increased. It may be tempting to get back behind the wheel after your license suspension. The more convictions you get, the higher the chances are that you end up in jail. The information on this website is for general information purposes only. Driving on a Suspended or Revoked License in Michigan – Part 1 – The Different Charges and Meanings September 16, 2009 | by Jeffrey J. Randa Most people don’t know that the terms DWLS, DWLS/R/D, Driving While License Suspended and Driving While License Suspended, Revoked or Denied are all violations of the same Law. A person could have their license suspended for having too many points on their driving record for speeding. Detroit Suspended License Lawyer. An example of this is someone taking a person to the hospital if they are having a heart attack or if their wife is having a baby. Being convicted of a Driving While License Suspended charge can lead to additional sanctions on your Michigan drivers license and can even result in jail time. This law is found at MCL 257.301. We will make sure you have the proof needed to win with this defense. There is a major difference though between these two charges. (7) A person shall not knowingly permit a motor vehicle owned by the person to be operated upon a highway or other place open to the general public or generally accessible to motor vehicles, including an area designated for the parking of vehicles, within this state, by a person whose license or registration certificate is suspended or revoked, whose application for license has been denied, or who has never been licensed except as permitted by this act. Reinstating a Michigan Suspended License. Driving While License Suspended is sometimes referred to as Driving While License Invalid, Driving While License Revoked, or Driving in Violation of Restricted License. If you need to get to Grand Rapids or other suburbs like Kentwood or Jenison, you could be looking at a 30 to 40-minute drive depending on the traffic. In 2019, Michigan handed out 365,965 license suspensions for those reasons, including multiple suspensions for some drivers, according to the Secretary of State's Office. Our office will show to a city attorney or local prosecutor all the factors that scream out of a good plea deal. This subsection does not apply to a person whose operator’s or chauffeur’s license was suspended because that person failed to answer a citation or comply with an order or judgment under section 321a. Note that prior to requesting a drivers license restoration in MI, licensees will generally be required to wait out a period of suspension and revocation. In Michigan, if your license is suspended, you may be able to obtain a restricted license that allows for limited driving to places such as school, work, alcohol or drug treatment, or to get emergency medical care. The difference is how a lawyer will argue and defend the case and how the judge will go about sentencing the defendant. A suspended or revoked license and 2. Michigan law states the following: MCL 257.904 The person was operating a motor vehicle on a public highway or other open place to the public. Let’s look at the language found at MCL 257.904 and see what a city attorney or prosecutor has to prove in order to get a conviction. The burden people face in Michigan for not having a driver’s license is a harsh one. In Michigan, a person may have their driver’s license suspended or revoked for a number of reasons. (3) Except as otherwise provided in this section, a person who violates subsection (1) or (2) is guilty of a misdemeanor punishable as follows: (a) For a first violation, by imprisonment for not more than 93 days or a fine of not more than $500.00, or both. Driving with a suspended license poses heavy consequences. I saw a kid run a stop sign at a local Meijer’s store and he was pulled over and issued a citation because it was considered an open place to the public. Driving on a suspended or revoked license in Michigan is a misdemeanor offense. You may not have a driver’s license for reasons that have nothing to do with your ability to safely drive. After your suspension is over, you will receive a written notice of restoration, with instructions on how to restore your license. The installation of an ignition interlock device may be required. However, if this is your second or subsequent conviction you face up … If you have a trial, the case will be held in front of a district court judge. If you are caught driving on a suspended license, whether you knew it was suspended or not, you could be facing serious consequences. or viewing does not constitute, an attorney-client relationship. A person who has had their license revoked no longer has a license. In Michigan, driving on a suspended, revoked, or denied driver's license is a common offense.