i'm in the Army, and I was selected for a random vehicle check coming through the gate on post. I've never had a drivers license. if I do have to go to jail can I postpone it. i'm getting out of the Army in a little over a month and if I go to jail while i'm in, I could get kicked out instead of getting an honorable discharge. I have court in two days.
If your license is under revocation, suspension, or denial, then there is a mandatory 5-day jail sentence. There is the possibility of jail for driving without a valid license. However, in 21 years as a judge, prosecutor, and defense attorney, I have yet to see someone sentenced to jail on a first driving without a valid license offense. Normally there is just a fine and court costs. However, you should be talking with your JAG attorney on base and consulting with a traffic/criminal defense attorney in the Springs. Time is ticking.
My colleagues have given you good advice. There is a rather large difference between driving without an operator's license and driving under restraint. If you simply have never had a license, go get it. if you were under revocation, the ramifications are much more severe. Speak with your JAG representative to ge some additional guidance.
Best of luck and -- most importantly -- thank you for your service!
Why don't you have a license? If the answer is "I never bothered" then get a license, see the DA before court and plead stupid. Explain you are in the service, a conviction may screw up your discharge, and that you're a hero. Beg and assure that you'll never do something like this again. If you plan to leave the state after discharge, throw that in as well.
The best bet is to find a good lawyer who provides advice on this kind of issue on a regular basis and review your specific facts; the lawyer will be able to give you an analysis of the law and your options.
By the way, some attorneys sell "unbundled" or "limited" legal services where you pay for just what you need and can afford.
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