How to Avoid Jail Time for Driving on a Revoked or Suspended License in North Carolina
Few things can sink your spirits faster than watching those dreaded red and blue lights flare up behind you while driving on a suspended license. Your heart drops to your feet.
However, you still have options even after making the mistake of driving before properly reinstating your license. All hope is not lost. While penalties exist – like steeper fines and an extended suspension – plenty can still be done to protect your freedom if arrested for driving on a suspended license.
Common Reasons for License Suspension in North Carolina
Getting your license suspended in North Carolina can happen surprisingly easily. While offenses like DUIs and excessive speeding are well-known causes, even minor infractions can lead to suspended driving privileges if you aren’t careful.
Let’s explore some of the most common triggers resulting in suspended licenses across the Tar Heel State:
- Driving While Impaired (DWI) charges or conviction.
- Failure to pay traffic tickets or appear in court.
- Too many points on your driving record from traffic violations.
- Failing to maintain auto insurance liability coverage.
- Failing to pay child support.
- Various other reasons are determined by the NC Division of Motor Vehicles (DMV).
For many suspended licenses, the duration ranges anywhere from 30 days up to one year. However, some DWI-related suspensions can last several years, depending on the number of prior convictions.
Harsh Legal Consequences for Those Caught Driving on a Suspended License
Under North Carolina General Statute 20, Motor Vehicles § 20-28, if law enforcement catches you driving in our state while your license is suspended or revoked, you may face the following severe penalties:
- Criminal Charges – Driving with a suspended or revoked license may be charged as a Class 1 or 3 misdemeanor offense.
- Up to 120 days in jail
- Extended license suspension
- Points on your insurance policy
As you can see, these consequences can wreak havoc on your daily life, finances, and freedom. The risk of going to jail is very real as well in North Carolina for repeat DWLR offenses.
4 Tips for Avoiding Jail Time for Driving on a Suspended License
If you have received a traffic citation for driving while your license was suspended or revoked, it is essential to be proactive so you have the best possible chance to avoid jail time.
1. Retain an Experienced Traffic Law Attorney
Having a knowledgeable traffic ticket defense lawyer in your corner from the start can make all the difference in the outcome of your case. An attorney has the skills to thoroughly assess your citation and build strategic defenses to achieve an alternative sentence to jail time.
Potential defenses lawyers may use include questioning the validity of your traffic stop or arguing that the court clerk did not properly serve your license suspension notice. We also look closely at any mistakes made on the citations for opportunities to get charges reduced or dismissed.
2. Seek Limited Driving Privileges From the Court
If your defense attorney believes you can avoid jail time, your counsel can petition the court to grant you a limited driving privilege. This special license allows you to drive legally under certain restrictions, like traveling to and from work or school or taking children to daycare. Limited privileges require that you meet eligibility criteria and prove driving is necessary for work, education, healthcare, or parental responsibilities.
3. Prioritize Getting Your Driver’s License Fully Reinstated
In many cases, the best way to avoid jail time is to get your full driving privileges legally restored so that the DWLR charges no longer apply. This method requires resolving any outstanding reasons for your suspension by actions like:
- Paying overdue traffic tickets or fines in collection.
- Clearing up missed court appearances and compliance issues.
- Serving an active DWI license suspension period.
- Submitting SR-22 insurance filing to DMV after DWI conviction.
Once you have fulfilled all requirements, you can go through the driver’s license reinstatement process and get your valid license back. This process then removes the basis for a DWLR criminal charge against you.
4. Use Alternate Transportation and Comply With Court Orders
As your traffic citation proceeds through the courts, strictly adhere to any pretrial release terms and avoid driving at all costs until the courts resolve your case. Arrange for rides from family and friends or use Uber or public transportation whenever possible. Violating court orders or getting caught driving again can undo all our positive progress toward avoiding jail time.
How a Skilled North Carolina Traffic Lawyer Guides You Through the Process
Experienced traffic attorneys serve as invaluable allies when facing license suspension and driving while revoked charges. By leveraging legal expertise, they vigorously defend your rights and pursue the best possible outcome to these threatening situations.
How can dedicated NC traffic lawyers help?
- Perform in-depth reviews of driving records, charges, and related factors to inform case strategy.
- Build strategic defenses focused on reasonable doubt, violations of rights, and insufficient evidence.
- Negotiate with DAs to reduce penalties through diversion programs, pleas, and alternate sentencing.
With seasoned traffic ticket counsel in your corner, intimidating license suspension cases become far more manageable. Don’t let fear or uncertainty prevent you from asserting your rights.
Don’t Accept Jail Time – Call Us for Aggressive Legal Representation
Facing potential jail time for driving with a suspended license is highly unnerving. However, our dedicated North Carolina traffic attorneys at McMinn, Logan & Gray, PLLC, have what it takes to guide you through the criminal justice system and achieve the best possible outcome.
Our traffic ticket defense lawyers have helped countless clients in similar situations minimize penalties and avoid incarceration.
If you’ve received a citation for driving on a suspended or revoked license anywhere in NC, contact us immediately for a case consultation. Don’t leave your fate to chance.