I was driving down the highway going 82 miles an hour got pulled over got a ticket for driving while license suspended 2nd offense did not get a ticket for speeding I was just wondering if I'm looking at jail time for a second offense driving while license suspended in Allegan County Michigan and I'm not sure if I have any prior than that I can't really remember I have not had my driver's license since 1995 I believe I had more than two but I don't really know the cop said I was on second offense and even took my license plate. I lost my license originally for my second DUI and did not jump the Hoops to get it back yet lost it in 1995
Every driving offense for DWLS is considered a second or subsequent offense after you have been convicted of Driving While License Suspended first offense. Depending upon the judge, and any other criminal or driving record you might have you could be sentenced to jail. I would recommend that you contact an experienced criminal defense attorney in your area to discuss the possible outcomes you face.
In Allegan County jail is certainly possible on a DWLS case. If you go in without a lawyer, you want to try to work out an agreement where there is a sentencing agreement for no jail.
With regard to the larger issue though, your goal here should be two fold. First to avoid what we call a abstractable misdemeanor offense, and second to get a hearing on reobtaining your driving privileges. To do those things the right way, you are realistically going to need counsel.
If you plea to DWLS straight up, then you will be given a mandatory additional one year license suspension, which in turn will make it impossible for you to even request a hearing on your license issues with the secretary of state for at least another calendar year. If you plea to a non-abstractable crime (MCL 257.326 is a commonly used non-abstractable misdemeanor), then you avoid that one year delay.
If you want to look into the requirements of getting your license back, go here: https://www.michigan.gov/sos/0,4670,7-127-1627_8665_9074-29685--,00.html
At the bottom of that webpage are official documents necessary to get the process started.
Long and short is that if you are going to navigate these waters efficiently, it's probably lawyer time.
Best of Luck.
An Attorney-Client relationship has not been established. Becket J. Jones is not your attorney. In order to protect your interests, you should engage with and retain a competent criminal defense attorney who practices often in the court you are scheduled to be in front of if you have been (or believe you will be) charged with a crime in the State of Michigan.
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