Driving on a suspended license laws have changed recently in Rhode Island. Under the new statute, first and second offenses for operating on a suspended license are now civil violations, instead of a criminal misdemeanor. Once a motorist receives a driving on a suspended license charge, they often find themselves on a slippery slope. Many motorists find it almost impossible to get their license back because of all the large fines and suspensions they have in the past. Therefore, it is imperative that you fight all operating on a suspended license charges and have a lawyer fight to get your license back. Motorists that continue to acquire suspended license charges will eventually go to jail. Many District Court judges take driving on suspended license charges very seriously, and although you may not go to jail the first few times, they will quickly sentence a motorist to jail soon thereafter. It is critical that you fight you OSL charges so that your conviction and suspensions don't pile up.
If you are driving on a suspended license and your license is suspended for a DUI, refusal or reckless driving, then you are considered what is call an 18.1 violation. Any violation under § 31-11-18.1 carries a mandatory jail sentence of at least 10 days for even a first offense. If you are charged with a 18.1 operating on a suspended license you are almost certainly going to go to jail unless you procure a top criminal and DUI defense lawyer. A criminal lawyer may utilize a variety of defenses in order to win your case, negotiate your charge to a lesser charge, or persuade the court or the prosecutor to allow you to serve the sentence on home confinement as opposed to serving at the ACI.
Penalties for Operating on a Suspended License charge
FIRST OFFENSE (under § 31-11-18)
- Civil Violation
- Mandatory Fine between $250 and $500
SECOND OFFENSE (under § 31-11-18)
- Civil Violation
- Mandatory Fine between $350 and $500
THIRD OFFENSE (under § 31-11-18)
- Criminal Offense
- Up to 90 Day at the ACI
- Mandatory Fine between $500 and $1,000
- License Suspension up to 90 Days
Penalties for Operating on a Suspended License after a DUI, Refusal or Reckless Driving Charge
FIRST OFFENSE (under § 31-11-18.1)
- Criminal misdemeanor charge
- Minimum of ten days and up to one year at the ACI
- Mandatory Fine $500
SECOND OFFENSE (under § 31-11-18.1 ) within five years
- Criminal misdemeanor charge
- Minimum of six months and up to one year at the ACI
- Mandatory Fine $500
THIRD OFFENSE (under § 31-11-18.1 ) within five years
- Criminal misdemeanor charge
- Up to one year at the ACI
- Mandatory Fine $1000
Defenses to Operating on Suspended License Charges in RI
There are numerous legal defenses that lawyer can use for operating suspension charges. The top lawyers may argue that the stop was illegal, that your suspension was not valid, that the DMV did not give you proper notice of your suspension, that the officer did not observe operation of the vehicle, that the defendant was driving in an area that a motorist does not need a license, just to name a few. The argument used will depend on the facts and circumstances of your case.
Get Your License Back Now.
Attorney Michael Zarrella not only has a track record of getting OSL charges dismissed, he also has helped numerous motorists recoup their licenses. In many cases, Attorney Zarrella has negotiated penalty reductions in old cases for exchange for a much lower one time payment. This benefits both the court and the motorist, in that the motorist is able to get his or her license back and save sometimes thousands of dollars in old fines, while the court is able to close out old cases and increase much needed revenue.
Stop looking over your shoulder every time a police car drives by because you do not have a valid license! Call Rhode Island DUI and criminal defense attorney Michael Zarrella now at 401-523-5271.