How to Contest a Driving on Revoked License Charge?

Question from Randy Natta, How to Contest a Driving on Revoked License Charge?

Answer from AI:

If you were arrested for driving on a revoked license in the USA, there are several steps you can take to contest the charge. Understanding the legal framework and potential defenses is crucial. Here’s a general guide to help you navigate this situation.

Understanding the Charge

Driving on a revoked license is a serious offense in many states. The penalties can include fines, additional license suspension, and even jail time. The specific laws and penalties vary by state, so it’s important to know the rules in your jurisdiction.

Potential Defenses

There are several defenses you might consider if you believe you were wrongfully charged:

• Not Driving: If you were not driving the vehicle at the time of the incident, you might argue that you were not in violation. You mentioned that your girlfriend was in the driver’s seat when the police arrived, which could support this defense.
• Emergency Situation: Some jurisdictions allow for a defense if you were driving due to an emergency. You would need to prove that the situation was urgent and that driving was necessary.
• Improper Revocation Notice: If you were not properly notified that your license was revoked, this could be a defense. You would need to show that you did not receive the notice or that it was not sent according to legal requirements.

Steps to Take

To contest the charge, consider the following steps:

1. Gather Evidence: Collect any evidence that supports your defense, such as witness statements, photos, or documents showing the condition of the vehicle.
2. Review State Laws: Familiarize yourself with the specific laws regarding driving on a revoked license in your state. This can help you understand the elements of the offense and potential defenses.
3. Consult a Legal Professional: It’s crucial to speak with an attorney who specializes in traffic law. They can provide personalized advice and represent you in court.
4. Prepare for Court: If your case goes to trial, be prepared to present your evidence and arguments clearly. Your attorney can help you with this process.

Legal Resources

For more information, you can refer to resources such as:

– [FindLaw’s Traffic Violations Section](https://www.findlaw.com/traffic.html) for general information on traffic offenses.
– [Nolo’s Guide to Driving on a Suspended or Revoked License](https://www.nolo.com/legal-encyclopedia/driving-suspended-revoked-license.html) for an overview of potential defenses and penalties.

When to Seek Legal Advice

Given the potential consequences of a driving on a revoked license charge, it’s advisable to seek legal advice. An attorney can help you understand your rights, evaluate the strength of your defense, and represent you in court. Legal professionals can also negotiate with prosecutors to potentially reduce charges or penalties.

Remember, this information is intended to provide a general understanding and should not be considered specific legal advice. Always consult with a qualified attorney for guidance tailored to your situation.