Hello….I would like to get free case review if it is possible….I was pulled over in June of 2011 for speeding and also got charged with DUI.As of November of 2011 my license was suspended for 90 days. Court charged me with minimum fine and 1 day in jail. Also I was required to have breathalyzer In the car for 15 months and complete drug/alcohol assessment. I met all the requirements of my probation by Feb of 2012. About 2 weeks ago I was pulled over for speeding and officer gave a ticket. What should I expect when I go to court since I did not have my license reinstated yet .What should I do? I can reinstate my license prior to court date. Would this help? Anything else I should do? ….Thanks…
Speeding / Traffic Ticket Lawyer
Whenever the court suspends any of the jail time in DUI case, the judge is required by law to impose certain mandatory conditions of probation. One of those is that the person not drive without a license and insurance.
Any violation of a mandatory condition requires the judge to impose 30 days in custody. The court would need to find that you violated the terms by a preponderance of the evidence (much lower standard than for a finding of guilty). Unlike the mandatory jail for a DUI, In custody can be work release, electronic home monitoring or some other alternative confinement (such as Community service). What your actual options are will depend on the court.
As you can see, you need a lawyer to help you with the driving while license suspended charge and the violation of the DUI. A good lawyer may be able to find some proof problems with the licensing charge and there are some creative arguments that work in some courts regarding violations of the DUI terms.
Speeding / Traffic Ticket Lawyer
Scott Lawrence has already given you a good answer. I'd like to add that *some* judges in Clark County read the 30 days in custody as mandatory jail. Others are more liberal.
Some of the judges also require that the literal meaning of the language must be met, i.e. proof that you were both without a license AND without insurance before the mandatory 30 days kicks in. That being said, any new offense , even a ticket, can cause trouble for you while on DUI probation.
My concern is this: Were you given a ticket for driving while suspended 2 (or 3)? If so, that's a criminal charge that could be a reason for a probation violation regardless of whether you license gets reinstated. You may have lucked out if it is just a ticket but there is still substantial risk.
You should set up a consultation with an attorney who can review your history and give you some solid advice.
Please don't consider this free information to be legal advice. If you want legal advice, you should retain an attorney.
DUI / DWI Attorney
You are currently facing two potential issues: Violating the terms of your probation and a new charge of Driving While License Suspended-2nd Degree, a seperate criminal charge. And yes, getting your license re-instated might help but you could face some mandatory jail time for violating the terms of your probation, although as was pointed out any jail time could be converted into a jail alternative, such as work crew, community service, etc. On the seperate criminal charge, DWLS 2nd Degree is a gross misdemeanor punishable by up to $5,000 and a year in jail. There is also an additional license suspension as part of the criminal penalty if you plead guilty or are convicted. The best thing you can do is retain a competent attorney immediately to represent you on these issues.