ANSWERS: 15
  • I am not sure about your state, but in mine if it is the third offense, loss of license for a year or more, and can be a hefty fine and time behind bars.
  • Driving on a suspended drivers license in tennessee, will give you a free trip to jail. you will have to make bond and appear in general sessions court. third offenders will do jail sentence time, depending on the circumstances. in your situation, in tennessee, for 3rd offense within a year, will land you 30 days to serve. Georgia, Tennessee and Kentucky, basically have the same traffic law structure, with a few exceptions. Does this give you a clue? Take a suitcase to court.
  • In the mid 1980's I received a letter saying that I had won a million dollars (or some ridiculous sum) and had to go to this building on a set date. I got there and there was a room full of folks in all manner of dress. After not getting the right answers from my fellow million dollar winners as to who was giving us the money. Why did we win if we didn't apply, etc I left the building and drove home. Later, I was shocked to see my millionaires in crime on the 10'clock news. It seems that the police had a unorthodox sting to arrest us for warrants! Needless to say, I begged a few different friends for the $2000.00 to pay my fine. Thank goodness that there was a public outcry against that operation. I never heard of it happening in Southern CA after that. Chances are it wont happen to you, keep your nose clean.
  • In the mid 1980's I received a letter saying that I had won a million dollars (or some ridiculous sum) and had to go to this building on a set date. I got there and there was a room full of folks in all manner of dress. After not getting the right answers from my fellow million dollar winners as to who was giving us the money. Why did we win if we didn't apply, etc I left the building and drove home. Later, I was shocked to see my millionaires in crime on the 10'clock news. It seems that the police had a unorthodox sting to arrest us for warrants! Needless to say, I begged a few different friends for the $2000.00 to pay my fine. Thank goodness that there was a public outcry against that operation. I never heard of it happening in Southern CA after that. Chances are it wont happen to you, keep your nose clean it isn't worth it.
  • well my sugestion is get a good lawyer
  • I think you should get some good counselling and maybe a good lawyer
  • If this is a genuine question (which I personally doubt) you should be ashamed of yourself. You are driving without insurance due to law breaking and are obviously a danger to the public. I hope that you are made an example of and as they say in Monopoly Go straight to jail!
  • Maybe you will win a free grade 4 enrollment so you can re-learn some ethics and gain some basic intellect along with other children. It's people like you that drive up insurance for the rest of us.
  • you're going to jail.
  • ..You better not even think about going into the court room without a lawyer - and mentally prepared to do a weekend or more in county lockup
  • According to the info on the link below, you'll be spending a minimum of 10 days in jail. Also, the minimum fine is $1000 but can be as high as $2500. You definitely need to hire an attorney. http://www.georgiadefenders.com/traffic.suspended.htm
  • Three days in jail is not out of the question. Seriously, if you have been given every opportunity to obey the law and insist on disregarding it, maybe a little jail time will be your wake up call. Be sure to take your toothbrush to court with you.
  • speaking from experience...keep in mind these are all within a five year period..and not saying that you won't be but thankfully I haven't been deemed habitual yet...1st offence the min. sentense in georgia is 48 hours in jail, 12 months probation, $705.00 fine with state add-ons; court add-ons; ect., lisence revoked for at least 6 months, comunity service isn't required but you will probably get 40 hours..for a 2nd and 3rd offense the penalties are the same which is 10 days in jail(9 times out of 10 the judge will let you do it in 5 weekends), 12 months probation, $1050.00 with the same add-ons, lisence revoked for at least 6 months and same thing with the comunity service...
  • YOUR GOING TO JAIL
  • Elements of the Crime The elements of the offense of driving or operating a vehicle with a license under suspension or revocation must be proven to the jury beyond a reasonable doubt. In many states, the prosecution is not required to prove that a motorist had a mens rea, or "guilty mind," with respect to any element of the crime. Instead, in those states, the only two factors that must be proved are: * That the defendant was driving a motor vehicle on a public highway, and * That the accused's driver's license was suspended or revoked at the time he or she was driving In some states, however, the prosecution must prove that the motorist had actual or constructive knowledge that his or her license was suspended or revoked at the time he or she was driving. Proof of the mailing of the notice of suspension of the license to the driver is not an element of the offense, but the State is required to prove the mailing, nonetheless, in order for it to establish that the suspension is in fact valid. Defenses to the Crime There are several defenses that an accused motorist can raise when facing a charge of driving while under suspension or revocation. License Status Sometimes, a motorist's name is mistakenly on the list of revoked or suspended licenses at the time he or she is stopped by the police for a traffic violation. For example, another person with a similar name may actually be the person whose license was revoked or suspended. Or, the driver's license may have been suspended and then restored, but the restoration of driving privileges may not have been entered into the state's records properly. So, the first step in defending a charge of driving while license revoked or suspended is to order a computer printout of the driver's record from the state's department of motor vehicles to ensure that the license was, in fact, suspended or revoked on the date in question. If it was not, or if it was revoked or suspended by mistake, you should get a document containing a statement to that effect from the state and present it to the prosecuting attorney with a request that the pending charge be dismissed. If the prosecuting attorney does not dismiss the charge, the document should be used as evidence at trial to disprove the State's case. Normally, the prosecutor or police officer will not proceed with a case if such a document is produced. Lack of Proper Notice Did the motorist receive the proper notice of suspension or revocation? The notice requirement is usually satisfied if the license was suspended or revoked in court by a judge with the defendant present. However, if the license was suspended or revoked by the department of motor vehicles for points (that is, a type of "demerit" system under which a license is being suspended based on the cumulative violations of a driver), not paying a traffic or parking ticket, or some other reason, the State must prove notice to the defendant. Most statutes concerning loss of license contain a provision stating the kind of notice required. The crime requires at least constructive receipt of the license revocation order. Usually, notice of a suspension or revocation must be given at the person's last known address by certified or regular mail. What if the defendant never actually received the notice? Generally, if there is proof that the notice was mailed to the address on record it is enough to support a conviction. In most states, a driver has an obligation under the law to notify the department of motor vehicles of a change of address. So, a defendant who does not provide that notification cannot use lack of notice as a defense. To prove proper notification, the State does not have to produce the actual person who sent out the notice. Normally, a certification or affidavit of mailing is sufficient. A copy of the letter that was sent is usually insufficient unless there is evidence that it was in fact mailed. As to sufficiency or adequacy of the notice, it falls on the motorist to produce some evidence that the notice was, in fact, inadequate. Finally, if the defendant was not afforded the opportunity for a hearing after receiving notice of the revocation or suspension, the motorist can assert the defense that the attempted suspension or revocation of his or her license is void, or without effect, as a matter of law. Identity of the Driver One defense to the offense of driving with a suspended or revoked license is that the defendant was not operating the vehicle. The act of operating, or driving, is a fact issue that must be proven by the State beyond a reasonable doubt. Operation can be proven either by direct evidence, such as a traffic stop of the moving vehicle, or circumstantial evidence, such as testimony that the defendant was found alone and unconscious in car, in the driver's area, with the keys in the ignition, but with the motor not running. The term "operation" can have a broader definition under a driving while revoked or suspended statute than under a statute dealing only with a licensing requirement. For example, operation may mean merely having physical control of the vehicle, which can be proven by circumstantial evidence. Necessity or Emergency Some states have a general defense of necessity or emergency that can be used for any offense. In order for this defense to be successful, the defendant must show by a preponderance of the evidence, meaning more likely than not, that he or she actually and reasonably believed that there was an injury or immediate threat of injury to human or animal life and that the urgency of the circumstances made it necessary for the defendant to drive. There are situations in which the defense of necessity or emergency in a case of driving while license revoked or suspended might be successful, but this is generally true only in a state that specifically provides for the defense by law. Operating a Vehicle with a Restricted or Out-of-State License In states that grant restricted licenses after suspension, when the defendant raises the possession of such a license as a defense to a driving while license revoked or suspended charge, the issue is whether the vehicle was being operated within the restrictions of the license. It is usually not a defense to a charge of driving while license revoked or suspended that the driver has a valid out-of-state license. Normally, a new license will not be issued by another state if a suspension has not been terminated in the state in which it was imposed. However, some states vary in their adherence to this practice, such that the possession of an out-of-state license may be a defense in some cases. In those states, possession of a valid out-of-state license is usually an affirmative defense that the defendant will have to prove. A license fraudulently obtained in another state is not a valid defense to a charge of driving while license revoked or suspended. In addition, the fact that the defendant is no longer a resident of the state in which he or she is being prosecuted normally does not prevent him or her from being convicted for driving with a suspended or revoked license. Miscellaneous Defenses Other defenses that have been raised to a charge of driving while license revoked or suspended include: * Religious beliefs * The constitutional right to travel * Entrapment, and * The doctrine of laches The fact that a person has reapplied for a driver's license is not normally a defense to this crime. However, a motorist's failure to pay a restoration fee does not extend the period of suspension. Sentencing The sentences or punishments imposed for convictions of the offense of driving while license revoked or suspended are often quite severe, and imprisonment is sometimes ordered. This is especially likely if the defendant has been convicted of prior offenses. Moreover, the law may require that license suspensions for unrelated violations be served consecutively, rather than concurrently. Severe mandatory sentences may be imposed in some states if certain aggravating factors were present. For example, many statutes provide for a greater penalty if: * The defendant's license was revoked or suspended for driving while intoxicated, also commonly known as "driving under the influence" * An accident occurred while the defendant was driving under suspension or revocation and someone was injured At sentencing, it should be emphasized to the judge that the defendant realizes the seriousness of having his or her license suspended or revoked and will not drive again until he or she is legally entitled to do so. It is important to convince the judge that the defendant does not need a more serious penalty, such as jail time, to make him or her obey the traffic laws. Appeal An appeal of a conviction of driving while under suspension or revocation should be considered if any legal errors were committed during the trial process. For example, an improper jury instruction that was objected to by a driver's defense lawyer can result in the reversal of a conviction. It is critical here to be aware that the failure to appeal the decision bars a driver from challenging the conviction in the future.

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