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  1. #1
    Acebeans is offline Junior Member
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    Driving on suspended license in WV Q's.

    What is the name of your state? WV

    I just got a ticket for my second offense for driving on a suspended license, this is a non-dui suspension. My license has been suspended for some time for unpaid tickets, this is the second time I've got the ticket and is my second offense.

    While I was there talking to the officer he showed me a book that said the mandatory sentence for 2nd offense was ten days in jail. I have had absolutely no criminal history or any kind of past like that, is there anyway the judge will take it easy on me and give me a lesser sentence?

    This punishment seems a little harsh for someone that is a non violent person and has done absolutely nothing to anyone except driving on a invalid license.

    I've searched the net and haven't been able to find any real information, can someone please help me out here and let me know what I'm in for?

    Thanks.
  2. #2
    The Occultist is offline Senior Member
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    The point of the harsh punishment is to make sure you learn your lesson, because you apparently didn't the first time around. If jail time actually is a potential (and not simply mandatory), then you are really going to need an attorney. A local attorney typically knows what the courts want to hear and will likely be your best chance.
  3. #3
    Acebeans is offline Junior Member
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    I was just wondering if the officer had given me the correct information. I've read about the DUI second offense info on the net and it's barely worse than 2nd offense on a suspended license.

    Basically what I want to know if something says it's mandatory is that the firm punishment? Could the judge look at my past and see that I have no other criminal charges or anything just traffic violations and lesser the sentence? If someone can please find this info I would be greatly appreciated.
  4. #4
    lwpat is offline Senior Member
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    I hope you like beans and potato salad. In many states you would have gone straight to jail. The officer gave you a break.
  5. #5
    Acebeans is offline Junior Member
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    Quote Originally Posted by lwpat View Post
    I hope you like beans and potato salad. In many states you would have gone straight to jail. The officer gave you a break.
    I know the officer gave me a break, they were very good to me. They didn't even tow my vehicle.

    I'm not saying I didn't break the law or anything like that I am just looking for some information.

    What I don't understand is that 1st offense DUI can POSSIBILY get you 24 hours and jail and even 2nd offense DUI in some situations can still only get you 24 hours in jail. DUI is obviously more severe than driving on a suspended license.

    I am just looking for a link to a site that actually lists the penalties, thats it.
  6. #6
    The Occultist is offline Senior Member
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    What is the statute number you are being charged against?
  7. #7
    Acebeans is offline Junior Member
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    I think it's 17b-4-3.
  8. #8
    The Occultist is offline Senior Member
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    First, I'm gonna start with a lecture. The reason why driving on a suspended license is about as bad as a DUI is because, in both instances, you have been legally declared to not be able to drive a vehicle. The West Virginia code agrees with me, as the code you cited apparently covers both driving on a suspended license as well as driving while intoxicated. Imagine that.

    That being said, here's your link (which, by the way, I found on the first page of a Google search of "west virginia 17-b-4-3"): [url]http://law.justia.com/westvirginia/codes/17b/wvc17b-4-3.html[/url]

    According to that, no, you won't go to jail for a first offense. You will, however, be assessed a fine of no less than $100, but no more than $500. I hope this has taught you a valuable lesson.
  9. #9
    FlyingRon is offline Senior Member
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    Quote Originally Posted by The Occultist View Post
    According to that, no, you won't go to jail for a first offense. You will, however, be assessed a fine of no less than $100, but no more than $500. I hope this has taught you a valuable lesson.
    It's his second offense.
  10. #10
    The Occultist is offline Senior Member
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    Quote Originally Posted by FlyingRon View Post
    It's his second offense.
    Ugh, I can't keep threads straight anymore!

    Well sorry, OP, you're going to jail for 10 days.
  11. #11
    trieroffact is offline Member
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    Quote Originally Posted by The Occultist View Post
    Ugh, I can't keep threads straight anymore!

    Well sorry, OP, you're going to jail for 10 days.
    I disagree and feel he may not end up serving 10 days. Acebeans you may or may not find some sympathy with the magistate -they do have some discretion with the jails full of criminals and please post back the outcome.
  12. #12
    tbud333 is offline Member
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    Why do you think it is OK for you to drive when you have had your license suspended?What part of it do you not understand? In California, if you are caught driving on a suspended license you get your car impounded, the police then have the right to sell it at auction and you go straight to jail. Aren't you the lucky one. Let us know what happens.
  13. #13
    Acebeans is offline Junior Member
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    Quote Originally Posted by tbud333 View Post
    Why do you think it is OK for you to drive when you have had your license suspended?What part of it do you not understand? In California, if you are caught driving on a suspended license you get your car impounded, the police then have the right to sell it at auction and you go straight to jail. Aren't you the lucky one. Let us know what happens.
    Turst me I wouldn't have been driving if I didn't have to. Obviously you have never been in the situation but what would you do? Risk driving to eat? Risk driving to keep the power on? Some of us aren't as well off as others and we have to do things at times we don't want to just to make ends meet.

    I guess i'll have just have to wait and see if the magistrate will take it easy on me, hopefully he/she will.
  14. #14
    The Occultist is offline Senior Member
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    I'm sorry, but I can't think of any situation that requires you to drive in order to obtain electricity and food. First, there is the postal system. Envelopes are dirt cheap, and stamps are, what, 50 cents if you insist on buying them individually from a gas station vending machine? And then there's the bus. I don't know about prices in your area, but in mine, a bus trip, plus one transfer to another route, costs $1. A month pass, meaning I could ride any route any number of times I want for the entirety of the month, is less than $30. Then of course, there are taxis (yes, a little on the pricey said), and friends/acquaintances that might be headed in the same direction you need to go. No, there is no good reason that would signify a "need" to drive in a suspended license.
  15. #15
    Blue Meanie is offline Senior Member
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    Quote Originally Posted by Acebeans View Post
    Turst me I wouldn't have been driving if I didn't have to. Obviously you have never been in the situation but what would you do? Risk driving to eat? Risk driving to keep the power on? Some of us aren't as well off as others and we have to do things at times we don't want to just to make ends meet.

    I guess i'll have just have to wait and see if the magistrate will take it easy on me, hopefully he/she will.
    The thing I don't understand is if driving is so necessary for you to LIVE...Why didn't you pay your tickets? Why, if you're "forced" to drive AFTER the suspension, didn't you drive more cautiously and avoid getting pulled over? TWICE...

    I don't believe that they will "take it easy" on you...You have proven over and over that you are a danger to others on the roads. You don't even have the restraint, brains, ability...whatever ...to obey the rules of the road when you are driving on a suspended license.

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