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FREQUENTLY ASKED QUESTIONS:
Q: I have a charge of Driving While License Suspended. I did not know my license was suspended. What will happen in court?
A: Unfortunately, not knowing that your license was suspended is not a defense and you must still appear in court, even if you have now fixed the suspension. The charge of driving while license suspended can be a Class A misdemeanor (punishable by up to 1 year in jail and a fine of up to $2,500.00, or both). Often, though, this type of charge can be reduced or resolved in order to not have further consequences on your driving privileges. However, your license can be suspended for many reasons and the outcome of your case will depend on the underlying basis for suspension. At Botto Gilbert Schottland & Andrle PC, we work with the client not only to resolve the matter in court, but also to work through the issues of the Secretary of State. It is important to clear the driver's license issues when possible so that the cycle is not repeated.
Q: I got a ticket for Driving While License Suspended but I fixed the problem and now I have my license back. Do I need to go to court?
A: Yes. You still need to go to court even though you now have your driver's license back. The offense of driving while license suspended can be a class A misdemeanor, punishable by up to 1 year in jail and a fine of up to $2,500.00, or both. Failure to show up in court for this offense can result in a warrant being issued against you and in further consequences against your driving privileges. Fixing your driving privileges should help your position in court, but please keep in mind that these charges are serious. It is important to have an attorney advising you so that there is no further damage to your driving privileges.
Q: Help! My driving privileges are a mess. I have not been able to drive for months. What can I do?
A: Your driving privileges may be suspended, stopped, or revoked for many reasons. The attorneys at Botto Gilbert Schottland & Andrle have an excellent understanding of issues with the Secretary of State and will help you step by step to clear up those issues. A failure to clear up your driving privileges can result in an unending cycle where each subsequent offense leads to an extended period of suspension, until a person is suspended for several years into the future. We work hard to stop the cycle and to help you understand what you need to do to clear your driving privileges. Keep in mind that on the third conviction for a non-DUI based charge of driving while license suspended, the state statue mandates that the prosecutors and the judge sentence you to jail for a period of 30 days even if the suspension is for a different kind of suspension than a prior suspension. If your driving privileges are suspended or revoked come in to see one of our attorneys to understand what must be done to be reinstated.
Q: Several years ago, I had a DUI. The attorney that helped me never informed me that I had to pay a reinstatement fee. I was just stopped and they charged me with license suspended for driving during the Statutory Summary Suspension period. I thought it was over after three months and had no idea it was still pending. What possible consequences do I face?
A: A suspension or revocation resulting from a stop for driving under the influence of alcohol is a very serious matter. When the suspension or revocation is based on a stop for DUI, the resulting charge can be a misdemeanor or a felony. Consequently, the range of possible penalties for this offense is large. Upon convictions, there are statutorily imposed minimum jail sentences, or, at times, several hundred hours of community service. While you may receive notice that your Statutory Summary Suspension was for a set period of time, if you do not pay your reinstatement fees, then the Statutory Summary Suspension does not lapse. It is a good idea to pay your reinstatement fee prior to the end of the suspension so that you are reinstated upon the period of time elapsing. You should discuss this with an attorney to fully understand the circumstances and consequences of the offense.
