If your drivers license is suspended, it can be a scary experience to be pulled over by the police. You may feel like you are in for a world of trouble, and you may be worried about what will happen next.
Unfortunately, driving without privileges can lead to all sorts of negative consequences. This can include fines, jail time, and a host of other penalties. It can be hard to break the cycle once you are in it, but by establishing a good attorney client relationship with an experienced attorney, you can get back on track and down the road.
If you are facing a Driving Without Privileges charge, it is essential to know the accusations against you and your legal rights. Idaho’s criminal and traffic laws can be complicated. It would be best if you did not attempt to navigate the criminal legal system yourself.
Penalties for Driving Without Privileges
A person in actual physical control of a motor vehicle, while aware that their driver’s license has been suspended, disqualified, or revoked in Idaho or any other area, is guilty of a misdemeanor per Idaho law. Getting behind the wheel is a situation exercising reasonable diligence, and when this is not the case, bad things can happen.
Driving on a suspended license is a crime. A first-time conviction will get you a mandatory minimum period 2-day jail stay, a second conviction results in a necessary 20-day jail sentence, and a third conviction results in a 30-days jail time. These are only obligatory minimum punishments, and a conviction might result in a sentence that is more than the mandatory minimums.
The court may punish a first-time offender with a 180 days jail sentence and a $1000 fine. Second-time offenders can get up to a year in prison and a $1000 fine, and a third-time offender can face up to a year in jail and a $3000 fine.
Additionally, a person guilty of this misdemeanor may have their driving privileges suspended by the court to begin at the end of their current suspension period, which was in effect at the time of the violation. A first-time violation can result in a 6-month suspension, a second violation can result in a 1-year ban, and a third-time violation can result in a 2-year suspension.
How can the State Prove Knowledge?
To be charged with a misdemeanor, the state must prove that you knew you were in control of a motor vehicle while having a suspended or revoked license. The state can show that you had “knowledge” even if you are not aware that your license has been suspended or revoked on your behalf.
They can prove that you have received oral or written notice legal notice from a confirmed, authorized source that your driving privileges or permit, license, or permission to drive have been revoked, disqualified, or suspended.
The state can determine that you failed to receive the contents of the notice because of your own unreasonable, intentional, or negligent conduct. This can be due to failure to inform the transportation department of your mailing address, consequently being unable to receive and learn of the contents of the notice due to this failure.
Lastly, they can attempt to prove that you had actual knowledge of, or a person in your situation would have an understanding of, the presence of facts and circumstances that, under Idaho law, could have resulted in the revocation, disqualification, or suspension of the license, driving privileges or permit.
Driving Without Liability Insurance and the Effects on Your Driving Privileges or Permit
For those facing a misdemeanor driving without insurance, you must talk with and retain an Idaho attorney to help you reduce or remove the charges entirely. Failing to keep liability insurance can result in fines ranging from seventy-five dollars up to a thousand dollars, as well as up to six months in jail, depending on the circumstances.
In Idaho, a first-time violation during five years is considered an infraction. In five years, repeated crimes for failure to get the required motor vehicle insurance shall be prosecuted as misdemeanors on the second and subsequent occasions. If a charge of failure to buy is not handled appropriately, the Idaho Department of Transportation will ultimately revoke a driver’s driving privileges. Many drivers are surprised when they are charged with failure to purchase liability coverage.
When the case is not handled correctly, the person is pulled over, later on, not realizing that their license driving privileges has been suspended, but it is on the transportation department records. Much to their dismay, the law enforcement officer issues them a citation for driving without privileges. The penalties for failing to comply with driving without privileges are severe.
You must avoid becoming caught in the driving without privileges cycle. Thousands of people, more than you can realize, are trapped in a never-ending cycle of license suspension due to their inability to retain basic insurance. Coming out of the license suspension cycle and the DWP cycle can be difficult. But more significantly, a well-qualified law firm can assist you in avoiding the vicious loop in the first place.