4th offense driving on suspended in WV

[roopinup]

My girlfriend is facing charges for driving on a suspended license 4th offense. She originally lost her license because she threw a cigarette out the window and didnt get the fine paid in time. The second offense was given to her when she wasnt even driving. She was told that if she paid all the fines before the suspension took effect that they wouldnt get suspended. The third offense was given as 2nd offense again but she had all the fines paid and didnt even know that they were suspended. Wich brings us to the fourth offense. It was New Years Day of this year when she was pulled over and was given a charge of driving on suspended 3rd second offense (Whatever that means) and was given a court date. She went to court and was informed that the cop had know idea that it was her fourth offense. The judge then nullified the 3rd second offense and charged her for 4th offense driving on suspended. It is now being transfered to magestrate and is currenlty waiting for a warrant to be served so she can go to court. I want to know what she is in for when she goes to court. Should she get a lawyer? What are the minimum penalties as well as the maximum penalties? Does it become a felony on the 4th offense?

 

[FlyingRon]

Doesn't much matter whether it was her third or forth. The offenses top at at 3 "or more". Of course, habitual repeat offenders will get the higher penalties in the range. For the third and subsequent offense, the person is guilty of a misdemeanor and, upon conviction thereof, shall be confined in jail for a period of not less than thirty days nor more than ninety days and shall be fined not less than one hundred fifty dollars nor more than five hundred dollars.

Also, they'll extend her suspension further. This is over and above whatever else she was doing to cause the police to notice she was driving.

 

[roopinup]

Is the jail time mandatory? She has a 7 year old boy and the father isnt in the picture. She works a full time job. Would they consider probation?

 

[roopinup]

Would there possibly be a chance she can plead no contest and get lesser penalties?

 

[FlyingRon]

Best bet is to get a lawyer (sell the car if you have to, she shouldn't be driving for a while).

 

[cyjeff]

Is the jail time mandatory? She has a 7 year old boy and the father isnt in the picture. She works a full time job. Would they consider probation?

According to the statute, the 30 days doesn't seem like an option.

 

[Jim_bo]

Dude... if your girlfriend comes here and ask the question... my response may be totally different. However, my question to you is: why is she your girlfriend? She's allowed all this drama to develop stemming from a simple littering charge, she is a single mother who reproduced with a guy that wants nothing to do with kids. She doesn't really strike me as a very responsible type that I'd like to get tied down with.... no matter how cute she is!

Normally, I like to provide something to help a poster when they are the actual person in the legal situation. My help for you is... cut your losses early before her irresponsibility becomes YOUR legal situation.

 

[roopinup]

You dont know the whole story about us. The legal problems happened when she was with her babies dad. They are just carring over to now. She is a very sweet girl who made bad choices when she was with the loser. I have known this girl for a very long time. I know her like the back of my hand. I wasnt asking for relationship advice. Especially from someone who doesnt know us. I was asking these questions so I could help her. She doesnt even know I posted this.

 

[FlyingRon]

The husband didn't make her commit four misdemenors for this. She needs serious legal help.

I agree the relationship advice is spurious. My suggestion if you are committed to this woman is to:

1. Encourage her to stop her criminal activities.
2. Assist her in any way for the short term to get legal help.

 

[cyjeff]

And provide a safe haven for her children while mom is in county.

 

[roopinup]

I agree she is at fault for these. She knows it and shes not putting the blame on anyone but herself. This is the legal trouble she has ever had. She doesnt go out doing illegal activities. She just made choices to drive when she really shouldnt have. We do have an appointment to see a lawyer. Do you think he might be able to get lesser penalties or would it matter if she gets a simpathetic judge?

 

[>Charlotte<]

Is the jail time mandatory? She has a 7 year old boy and the father isnt in the picture. She works a full time job. Would they consider probation?

If you don't mind a little harsh realism, she needs to prepare for the judge to ask her if she considered her children and her job when she made "bad choices" and risked jail time.

 

[Jim_bo]

roop,

My appologies if I have offended you. I simply recognize that young people in love are blind to that which is so clear to others around them.

If you are consulting a lawyer, there is nothing anyone here can do to contribute beyond that. Good luck.

 

[Dougthegreat]

She doesnt go out doing illegal activities.

Apparently, the courts and law enforcement disagree.

She just made choices to drive when she really shouldnt have.

You mean when she was legally ordered not to drive, thus breaking the law?

We do have an appointment to see a lawyer. Do you think he might be able to get lesser penalties or would it matter if she gets a simpathetic judge?

Perhaps, but put yourself in a judge's shoes and ask yourself if you'd let someone slide on their fourth offense. Sympathy can only go so far.

Go in with a lawyer. Hope for the best, expect the worst, and be happy if it comes up somewhere in between.

 

[roopinup]

I dont mind the realisation of the situation. I think she needs to go through this. Maybe she will think b4 acts next time. She knows I will be beside her all the way to help her through this. I just want it over with so we can move on from this experience.