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.
The information provided in this answer does not create an attorney-client relationship. If you are interested in his legal services, feel free to call Chris at (303) 409-7635 at his law office in the Denver Tech Center. All initial consultations are free of charge.
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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NOTICEâ€” This answer is based upon a partial understanding of the facts and may not be relied upon as legal advice. It does not create an attorney client relationship between the writer and the attorney. It is provided for general information. You should always consult an attorney about your important legal rights.
General Practice Lawyer
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!
In no way am I offering you legal advice, and in no way has my comment created an attorney-client relationship. You are not to rely upon my note above in any way, but insted need to sit down with counsel and share all relevant facts before receiving fully-informed legal advice. If you want to be completely sure of your rights, you must sit down with an experienced criminal defense attorney to be fully aware of your rights.