RESOLVING "DRIVING WITH NO VALID DRIVER’S LICENSE" CASES

Driving with no valid license could mean several things: revoked, suspended, expired less than 6 months, expired more than 6 months, or no license at all. A lot of things can happen to people caught with no valid driver’s license. Driver could be arrested, cited for original violation, plus no license, and insurance. Vehicle could even be towed.

Know your Penalties

When with no valid driver’s license – whether the driver has a suspended or revoked license, or no license at all – is usually treated as a misdemeanor. In some states, driving with no valid driver’s license is not a crime unless the driving occurs on a public highway. In others, the location of the driving is irrelevant. Further charges are also given when driving with no valid driver’s license as your insurance may be invalid if you do not have a valid driver’s license. If you were caught without a license as a result of an accident then this is seriously bad news as you may have to pay damages to the 3rd party and the Police can impound your car and may even scrap it if you fail to produce proof of insurance with 14 days.

Determining Lawful Detainment

To lawfully detain a driver, an officer needs only a “reasonable suspicion” based on the facts of the situation that the motorist has violated the law. But if the officer doesn’t have “reasonable suspicion,” there is no legal authority for the stop, any evidence the officer learns or observes as a result of the detention will be inadmissible in court. Thus, a detention is illegal where the officer stops a vehicle because an unspecified hunch that you are driving with no valid driver’s license.

Dismissal of Charge

Upon request for dismissal of your citation, you must pay the appropriate fee and submit proof that the offense for which you have been charged has been corrected. The offense No Valid Proof of Vehicle Liability Insurance also qualifies for dismissal at no charge if the following conditions are met: Proof submitted that you were covered by a valid policy of vehicle liability insurance on the date and time of the offense.

Rick Silverman, P.A.

311 S Brevard Ave. Tampa, Florida 33606

(813) 871-1125

http://www.tampabaytrafficlawyer.com

http://www.businesslocallistings.com

What to do When You Are Caught with No Valid Driver's License

Driving with no valid driver's license or without insurance is a bigger risk than many people think. A valid driver’s license and proof of insurance might be simply a pieces of paper, but they are also the important legal documents than ensure every car on the road is being driven by a tested and financially responsible person who meets every provincial requirement for road safety. Hitting the road without these is illegal and a big risk for everyone.

Driver's License reinstatement requirements will be determined by the information available on your driving record at the time of your request. If it can be determined, the system will also show you the date you can become eligible for driver's license reinstatement.

·         Hearing Procedures

A hearing officer is assigned to hear your case and to summarize, in a written report, your testimony and your documents. You will not receive a decision the day of your hearing; it may take as long as 90 days for the report to be prepared and mailed to you, although most decisions arrive within about 4 to 8 weeks from the day of the hearing. If the decision is a denial, the report explains the reasons for the denial. The report will instruct you to resolve the issues that formed the basis of the denial.

·         Driver's License Reinstatement Procedures

If you have been placed under a driver's rights suspension by the court, here are some important tips for properly reinstating your license at the conclusion of the suspension:

a.       Be sure to pay your driver's license reinstatement fee either prior too or on the date your suspension expires. Failure to do so could result in a No Operator's License or Driving Under Suspension charge. Remember that any occupational driving privileges you received expire on the date you are permitted to reinstate your license.

b.      If you do not have the money to pay your entire driver's license reinstatement fee at once, you can set up a reinstatement fee payment plan with the court so that you can begin driving while making monthly payments toward your fee.

Lastly, If you are facing a driver's license reinstatement case, the best thing to do is to contact a local attorney who can advise you on the right course of action. Use the Internet to find the best legal resources to help you on your way.

Rick Silverman, P.A.

311 S Brevard Ave. Tampa, Florida 33606

(813) 871-1125

http://www.tampabaytrafficlawyer.com

http://www.businesslocallistings.com

Driving with No Valid Driver License: What are you up against?

Even celebrities get caught when driving without a valid driver's license.

You were driving to a friend’s house one afternoon when you really didn’t mean to beat the red light. Unfortunately, a traffic officer was there and saw what you did. He pulled you over and asked for your driver license. Low and behold, your license is not valid anymore and the officer charges you more than reckless driving because of your license.

Driving with no valid driver license is considered a misdemeanor. It is lower than driving with a suspended license, but still, you will have to face a corresponding punishment for it. Whether you know that it is no longer valid or not, the charge will stay. After all, you should be responsible in knowing when your license will be expired or not.

One of a state’s vehicle code is that drivers with no valid driver license cannot drive a car. So if you’re caught doing so, be prepared to call a traffic attorney to come to your defense. There are different situations why a driver could be driving with a non-valid driver license.

For one, it could be that the driver never really got a valid one to begin with. Or, it could be that the driver failed to get his license renewed. Further, the person may not be qualified to get a valid license right now and still drove a car anyway. In whichever case you fall here, the sanctions will be the same.

So, what are the penalties for a driver with no valid driver license? There’s the possibility of a three-year informal probation or six months jail time. You may also pay up to $1000 plus the other penalties. On top of that, your car might be impounded for a month. On the other hand, if your offense was just an infraction, the fine will only be $250 on top of the other penalties.

The difference in the amount of penalty to pay for as well as the severity of the punishment greatly varies as you can see. This is precisely why you will need a traffic attorney by your side. You need him to defend your case in court. To be particular, the traffic attorney will argue to reduce your no valid driver license case from being a misdemeanour to an infraction only.

Good traffic lawyers can reduce the penalties, while great lawyers can get the court to dismiss the charge completely. Hence, it is important that you hire the right lawyer to present your case in court. But more than this, it is best that you always check the validity of your license before driving anywhere, just to be on the safe side.

Rick Silverman, P.A.

311 S Brevard Ave. Tampa, Florida 33606

(813) 871-1125

http://www.tampabaytrafficlawyer.com

http://www.businesslocallistings.com

Driving With No Valid Driver's License?

No matter what the reason is for driving with no valid driver's license there is no excuse for being on

the road without it. This is among the more serious offences according to the Highway Safety Act. Anyone who drives without a license is endangering the lives of the others on the road because, according to the law, they aren’t qualified to be behind the wheel. A driver cannot be on the road in any of the circumstances such as when the driver has never been licensed, the driver’s license has been suspended, the driver’s license is expired, and the driver is on a graduated licensing system and does not have the required fully licensed driver in the vehicle.

People whose are pulled over and don’t have their driver’s licenses or who do have them with them, but they are suspended or revoked, almost always get arrested. Driving on a suspended or revoked driver’s license is a much more serious offense than driving with no driver’s license at all or simply forgetting it. People driving while license suspended or revoked for whatever reason are not supposed to be driving until they resolve the issues that led to the suspensions or revocations. Additionally, people who are caught driving on suspended or revoked licenses could lose their driving privileges even longer than they did initially and have to serve longer lengths of jail time and pay higher fines and fees.

Courts generally agree that although driving is a privilege and not a right, it is also a necessary part of many peoples’ lives, enabling them to get to work and school. Because driving is so crucial, the state should not arbitrarily deny a person’s right to the restoration of his license. Many suspension laws’ conditions for reinstatement have been challenged as exceeding the police power of the state, violating due process, and being unconstitutionally vague. In most instances, the statutes have been upheld against these challenges.

When you look for a potential defense attorney, tell him or her everything that you think is relevant, and then some. Something that you dismissed as a minor detail in driving while license suspended might make all the difference in your case. Most importantly, be honest. You have nothing to fear. Except in rare cases, if you are talking to an attorney face to face, even before he or she has decided to take your case, you already enjoy attorney-client privilege.

Rick Silverman, P.A.

311 S Brevard Ave. Tampa, Florida 33606

(813) 871-1125

http://www.tampabaytrafficlawyer.com

http://www.businesslocallistings.com