If you have been charged with a DWI with a suspended license, you can generally expect a stiff sentence. In most states this means a mandatory jail sentence, and certainly needs the skills of a dedicated DWI lawyer.
The fact that you will be charged in any case due to your driving (with or without drink) with a suspended license is immaterial: the DWI charge compounds the problem, and you could even be charged under two codes. You could be jailed, face a heavy fine and lose your license for an even longer time. The sentencing here is up to the court. If you are fortunate, then part of the jail time could be traded for a period of probation, though ten years probation with this type of deal is not unusual.
Now, perhaps, you are beginning to understand the gravity of this offense, and to face this without the services of the best DWI attorney experienced in this kind of charge would be tantamount to suicide. You probably feel suicidal in any case, but don’t despair. A good DWI lawyer can help you more than you think, and help to reduce the sentencing by presenting you as being a bit foolish and unaware of your suspended license.
Whether your license has been suspended or not is immaterial: the prosecution still have to prove their case, and you have the same chance of this failing as the thousands of others who have either been found not guilty after a jury trial or have had their cases thrown out through improper procedure.
The latter is more common than you might believe – check it out online. Last year one cop got around 50 cases thrown out because of improper procedure. It might be rare for 50 to occur, but you only need one! A good DUI or DWI lawyer can sniff these out like a bloodhound! It ‘s a thought that can help you sleep at night.
However, the reality of the situation is that if your license was suspended for a previous DWI or DUI conviction, you are in real trouble. There ‘s no use in pussyfooting over it: sentencing can be grim. You have problems, and you need really a good DWI lawyer. A lawyer who can use his or her knowledge of the law and make the prosecution prove that you were the driver, and not merely a passenger, and that you were aware of the fact that your license had been suspended: can they prove that you actually received notification of the fact? Finally, was your license actually suspended or revoked.
That requires copies of court records, and if your DWI attorney demands to see them in court, then they must be provided there and then along with proof that you had signed for any communication to indicate that you had actually received the notification. The more time that has elapsed in the ten years to the ‘washout’ of your conviction, then the more difficult that will be for them to produce.
If the notice of conviction and sentencing of a suspended license was posted to you through the normal mailing system, and you hadn’t signed for it, then it will be difficult to prove that you actually received it. It is not up to you to request this of the court after your conviction, and it is not unusual for such cases to be dismissed because the prosecution cannot prove “Beyond Reasonable Doubt” that you had been informed that your license had been revoked or suspended.
What happens then depends on the charge being made. If it is driving under the influence of alcohol while suspended from driving, then the case is dismissed, and you go free. If it is a simple DUI charge, with your suspended license to be taken into account during sentencing, then you might still be guilty, but the suspension can’t be taken into account. However even the guilt could be in doubt with a good DWI attorney.
As to the expecting sentencing if you are found guilty of knowingly driving under the influence of alcohol while banned from driving, you will likely be jailed if found guilty. The term will depend upon the judge, and also the alcohol content of your blood. Don’t expect any understanding or sympathy from the bench, and if your previous ban was also for a DWI offence, then you had better be prepared for a long time in prison, unless you have chose your DWI lawyer wisely.
Such cases can be won, and it is best to fight them, but only if your legal team knows its stuff. Search the internet and ask around your family and friends: this is not the time to be ashamed to talk to them since it could make a world of difference to your sentence. It is possible to win with right DWI lawyer.
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Filed under: Criminal Law |