Driving While Suspended from DUI conviction Question

[dmp78]

What is the name of your state (only U.S. law)? North Carolina

I was convicted of a DUI a few years ago. Before I was able to get my license reinstated, I received a speeding ticket that suspended my license for another year. I had a limited driving priveledge seeing I am a graduate student and needed transportation for school. Just yesterday, an officer pulled me over for no seatbelt abd found I was driving while suspended (I thought I was still ok to drive to work, but my driving priveledge had expired). So I just got charged with driving while suspended. I just set up an appointment with a lawyer. This is all in North Carolina. What can I expect?

 

[Zigner]

Expect to use public transportation for quite some time. You shouldn't drive anywhere.

 

[irish77]

I don't get it. I mean, I intend to get my license suspended for a year and have already looked at bus schedules. Your a$$ is lucky you're not in jail because PA and NC are the WORST states to get DUI's and get caught with a suspended license.

 

[irish77]

all I'm saying is that you can't be looking for an out when there is really no out. you're smarter than that and you know it. give your car away, flatten the tires, do whatever you need to do to not drive. I am not trying to come down on you, but really, suspended means suspended. It's no joke. I'd rather skateboard than get run the risk of getting caught driving with a suspended/revoked license. I know people every day get away with it, but my conscious would kill me.

 

[lenny71]

The penalties have to be big since the odds of getting caught driving on a suspended license are very, very small.

To be pulled over there has to be probable cause - so unless you are in an accident or do something wrong you will not be caught. A very tempting scenario indeed.

 

[dmp78]

I am terrified to death of getting any jail time. I am a graduate student currently doing a clinical rotation at a local hospital. From what I read about North Carolina, it appears 1st time offenders get an additional 1 year added to the suspension, plus the obvious $$$ in fines and lawyer fees. Some states have mandatory jail time, others it is just an option. I would not think they would try and put me in jail. Besides the DUI I got that started all this, I only have a couple speeding tickets on my record. What do you guys think? Anyone know for sure?

 

[irish77]

go to a lawyer ASAP. Anything any of us will tell you on here could be close to right, but partially wrong. And**************the judge in your case will do what he wants.

 

[RatPackLar]

Be More Worried About The DMV

The courts have latitude, and most Judges will cut slack, but the DMV, on the separate administrative side will hit you harder. Expample, you get caught DWS in MI, the SOS/DMV yanks your DL again, for the as long as the original revokation period, before you even get to court. Now that is just MI, but you better find out what NC DMV will do to you. Typically the criminal courts can do one thing, but again, the NC DMV can hit you again, above and beyond what the criminal courts will do to you. If I had to guess, I would say, they are gonna yank your DL again, for as long as the original suspension/revokation period was to begin with. Get a lawyer, you are gonna need one.

 

[aspentaylor]

Probable Cause?

To be pulled over there has to be probable cause - so unless you are in an accident or do something wrong you will not be caught. A very tempting scenario indeed.

I live in Maine, the officer who pulled me over had no probable cause in the form of any outward violation (ie lights, accident, traffic laws). She did a random license plate check and it showed I was suspended. Does this constitute "probable cause"?

Just curious.

 

[RatPackLar]

Well She Did Catch You

And you were suspended, were you not. Just cause they did not tell you why they pulled you over, does not mean, that reason will not show up on the police report.

All they gotta say is you were weaving, driving too slow, etc, etc, how are you gonna prove them wrong, especially when they did nail you for driving on suspended.

Who do you think the courts and the DMV are gonna belive, you, who was in fact driving on suspended, or the cop, who pulled you over?

Think like the system, not like a victim.

They got ya!

 

[lenny71]

Operating after suspension is probable cause (they don't need ratpacklar's made up BS)...random license plate checks are legal. They can check to see if the car is registered (maybe to someone whose license has been revoked) and if the plate is legal, your plate set off the buzzer.