Recently, I have seen a growing trend with prospective clients. Consistently, people contact my office because they just found out their driver’s license has been suspended or that they have been charged with a Class B misdemeanor. Usually, this occurs after they get a ticket for driving while license invalid or worse arrested for driving while license invalid. Other times, the person has a series of traffic offenses and the state comes back later to suspend their license.
Most people are not sure why they have lost their driver’s license. Nearly every time we sit down and talk about their case, the person had received a ticket for driving while license invalid and either sat it out in jail or paid a fine.
“So you were convicted of this offense?”
“No. I just got time served.”
It is at this point I have to have a conversation that should have happened long before anything was done on that first ticket. Most times these people have not hired an attorney, so they never learn about the other consequences of a conviction before they make a decision. The prospect of paying a fine or being released immediately without any additional punishment is very tempting.
Is there anything that I can do now?
Once a person has pled guilty, absent a timely appeal, there is not much that can be done. However, depending upon a person’s driving history, a person may have some options. First, if the state suspended their license after conviction, the person may have the ability to request an occupational driver’s license. The person may have the right to a hearing before the local justice of the peace to contest their suspension. Even with a prior conviction that enhances a crime, a person still has rights. The state still must charge them with a crime.
It is important that you meet with an attorney before you make any decisions in your legal case because they can have long lasting effects. This is even true with an offer of time served because it can have serious strings attached.
