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Driving While Suspended

Driving while suspended is a very common criminal allegation, and can be charged as a violation, misdemeanor, or felony. Generally, the reason that your license is suspended will dictate whether it is a violation, misdemeanor, or felony.

Often times an attorney can be extremely helpful in this situation, by helping you to navigate through the timelines of the suspensions and hardship permit process (if available). Although driving when your license is suspended may not seem like a serious matter, it comes with very real penalties.

The most common situation is when someone is caught driving after being charged with a DUII, which was the result of a breath test failure. In many situations the court has not yet suspended your license for the DUII (and may not), but the DMV has suspended your license for a breath test failure.

Some common situations are:

  • Suspended license due to a breath test failure or refusal;
  • Suspended license due to a DUII conviction;
  • Suspended license for a Hit and Run;
  • Suspended license due to a reckless driving or criminal mischief conviction; and,
  • Many other crimes/reasons for a driver's license suspension.

How are these fought?

Driving while suspended is commonly fought through tough negotiation tactics and zealous advocacy, as there are very few defenses to these allegations (necessity, notice, and a few others). The first step in a driving while suspended matter is to meet with an attorney, get your defense lined up, and make a plan for how to proceed.

For example, an attorney can meet with you and review your entire history to determine if the suspension is valid or not and determine whether there is an issue with the reason you were pulled over. Further, an attorney can assist you in gathering mitigating information that a prosecutor will want to see to determine how much leniency to give. Many times a charge of driving while suspended can get reduced (from a felony to a misdemeanor, or from a misdemeanor to a violation) through proper representation.

Hiring an attorney that knows how to approach a driving while suspended case is important. Many times (in Clackamas County) a person is just as likely to be required to appear in a municipal court. If this happens, it is generally a good thing, as municipal courts will be a little more lenient than state courts.

Experienced criminal defense in Driving While Suspended cases makes a difference. Call today to set up an appointment for a confidential consultation.


Disclaimer: Nothing on this site should be taken as legal advice. For advice on a legal matter, contact an attorney. Contact Jared Justice at 503-722-3981 or jaredjustice@me.com.

Jared Justice is available to practice anywhere in the state of Oregon. He focuses on practicing in the following State Courts: Clackamas, Multnomah, Yamhill, Marion, and Washington Counties. He also practices in the following Municipal Courts: Lake Oswego, West Linn, Newberg, Canby, McMinnville, Troutdale, Oregon City, Beaverton, Milwaukie, Gladstone, and just about every other court in the Portland area.

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