Your driver’s license may be suspended by your local
department of motor vehicles, secretary of state department of revenue, and
other divisions due to a hundred of reasons. However, some of the common
problems you encounter on the road are the most difficult reasons you can get
out of. If a law enforcement officer
deemed to have valid “reasonable grounds” to request that you submit to any
tests needed, you have your rights to refuse or push through the process. It is
better to be knowledgeable of your offenses before submission.
- Failure to get any notice of suspension. In order for you to push through with your suspended license defense, the law enforcement officer must prove that you knew or should have known that you were suspended at the time you were caught. The typical means of proof is to introduce your driving record into evidence. Prior to the effective date of the suspension, your records should show that the enforcement office have mailed a suspension notice. A good lawyer can help you make a good no notice defense by providing you with solid facts to support your claim despite their having mailed it.
- No probable cause for a traffic stop. The traffic enforcement must be able to prove that the traffic stop, if there was one, that leads to the officer’s discovery that you were suspended was initiated for a valid reason. This means that if a police officer stops your vehicle without probable cause, the court should not allow evidence concerning the suspended status of your license to drive to be admitted into evidence for the office. This defense is known as the suppression defense. In order to make a convincing suspended license defense, your lawyer should get all of the facts concerning your vehicle stop and have solid case law support his or her legal arguments.
- Proof of Driving. You can only go through a suspended license defense trial when the office has proven that you were in fact driving the said vehicle. The office must have at least one witness who saw you operating the vehicle; if the officer found you standing beside the car resting in your house, sitting on the curb, or anything that shows no evidence that you were behind the wheel, the office may not have the evidence it needs to prove the “driving” element of the suspended license.
Suspended license defense undergo a tedious process in
which you and your kids should be aware of. Find a good lawyer to help you deal
with suspended license defense.
Rick Silverman, P.A.
311
S Brevard Ave. Tampa, Florida 33606
813-871-1125