Nevada is one of the few states with elaborate driving laws. Driving on a suspended license NRS483.560 is not just a traffic violation but is considered a misdemeanor offense. Although, there are many circumstances that may lead to you being charged with driving on a suspended license, and these circumstances may be used to build a case against you. Still, the same details may work in your defense. Therefore, it is best to have legal representation, one that will help you aggressively fight the charges. We at The Law Offices of Martin Hart have the experience you need in addressing a driving on a suspended license charge in Las Vegas, Nevada.
Breaking Down a Driving on Suspended License Charge
Driving on suspended license charges requires two elements to be proved by the prosecution for them to hold you criminally liable for the violation.
You were driving a car with a suspended license.
You were aware that your driving privileges were suspended.
It is easy to prove that you were behind the wheel of a vehicle with a suspended license. Testimonies from the arresting officer combined with the Nevada DMV records are sufficient evidence in this matter. However, the question of your knowledge of the suspension is one that is interrogated under the guide of NRS 483.560. The code provides three aspects, if proven, will show that you were aware of the license suspension.
The Nevada DMV (the Department of Motor Vehicle) informed you of the suspension of your license.
The communication of your license suspension was mailed to your most recent address, as stated in the DMV, court, or law enforcement agency’s records.
The communication from the DMV was not returned to them as unclaimed or undelivered.
The prosecution uses the presumption of your knowledge of the suspension to build a case. However, the assumption is not conclusive evidence of your knowledge of the suspension. It is up to the jury, based on the facts of the case, to determine your understanding of the suspension.
Ways You Can Have Your Driving License Suspended in Nevada
Before analyzing the various legalities of how driving on a suspended violation is to be handled, it is best to understand the difference between a suspended and a revoked license as well as reasons that may lead to a license suspension. The suspension means that you are temporarily denied driving privileges. However, a revoked license permanently denies your driving privileges. Nevada statutes address both matters.
There are various reasons why your license may be revoked or suspended, reasons that are addressed below. It is crucial to understand how the following charges may cause a license suspension. Some of these charges may grant you the use of a restricted license after some time. The period is dependent on the charge you were convicted of.
Any DUI conviction results in automatic license revocation. Regardless of the determination by the courts, the Nevada DMV will revoke your license if you were found to have a blood alcohol count of at least 0.08 percent. Your driving history determines the length of the revocation. Here is an assessment of the penalties that accrue DUI charges under Nevada Law.
Drivers convicted of first DUI offenses have their licenses revoked for 90 days, with a restricted license being issued after 45 days.
Second DUI offenders have their licenses revoked for one year.
Felony DUI convictions, as well as third DUI charges, attract a driving license revocation of three years. However, you can have a restricted license after one year. The felony DUI or the third DUI offense must have occurred within seven years of the first conviction.
Case of Twelve or More Demerit Points
If you accumulate twelve demerit points within a year, you risk a six-month suspension on your driver’s license. These demerit points are pegged on the offense as guided by the Nevada DMV. It is worth noting that the demerit system can affect your license even if your suspended license status changes. It may take up to one year to have the demerit points disappear.
Specific Juvenile Offenses
Individuals above the ages of 15 years are eligible for a driver’s license. These youngsters might be denied driving privileges temporarily if they committed juvenile offenses such as alcohol, drug, or gun-related crimes. If found culpable, they risk a three to two-year license suspension.
Graffiti or the defacing of Property
Any individual of the age of 18 or above convicted of defacing property or using graffiti will have their license suspended for a period of six months to two years. Those under the age of 18 years will be treated as juveniles. Their licenses face a suspension of a period between three months to two years.
Defiance of Court Orders
You can have your driver’s license suspended if you fail to pay a traffic ticket, pay child support, or fail to show up to a court-mandated hearing.
Impaired driving is dangerous to the driver and other motorists. License suspensions remedy this danger. Drivers with impaired vision, hearing ability, epilepsy, and limited mobility are targeted under this category of a license suspension. Drivers ailing from diabetes, heart problems, psychiatric disorders are also targeted for license suspensions.
The DMV in Nevada has various avenues it can utilize to gather information on a driver’s health conditions
The reports offered by your physicians, state agencies, and insurers, such information is passed to the DMV as a legal requirement
Information from a Nevada court to the DMV offering details of your medical status
A report filed by your close relatives, spouses or children, the information about your condition, however, should be voluntarily offered
All drivers are legally required to offer medical information to the DMV
Once it receives your medical report, the DMV has three ways in which it can act:
Issue tests to drivers whose medical information was volunteered by a doctor or a family member expressing concern about their driving capability. Should the driver fail the tests, they have a re-do option. However, their licenses will be restricted with them being required to attend an annual re-examination.
If it is a matter of lapses of consciousness, the DMV will request that you give up your license for 90 days. You can have the license back only after providing a doctor’s clearance for you to drive. The license will be free of any restrictions.
Your physician may issue an express notification to the DMV that you are not fit to drive. This notice will result in an automatic suspension. Your license can only be reinstated only after obtaining medical clearance.
Common Defenses Used to Fight a Driving on a Suspended License Charge
Driving on a suspended license may be an innocent mistake or maybe through deliberate actions. Either way, you need an attorney. Your attorney in fighting driving on a suspended license charges employs various defense strategies. Here is an assessment of some of the top defenses used in such cases.
You did not know of the License Suspension.
The prosecution relies on your knowledge of the license suspension as a basis of proving the violations of law NRS 483.560. The defense’s strategy will be to determine that you did not receive the communication from the DMV of your license suspension. It may have been mailed to an old address, to which you no longer have access to, or it was lost and did not get to you. In other situations, the arresting officer or a judge did not communicate about the license suspension.
Your Driver’s License was Restricted
A driver may be allowed to use their suspended license if they present critical requests to use their licenses. Such needs include driving to or from school, work, court-ordered DUI School, or any other place the court permits. The restricted status of a suspended license is one that can be used in your defense. However, this defense is restricted in fighting off charges of the license suspension or revocation for DUI and license suspension or cancellation because of failing to take a chemical test as well as other DUI Offenses.
The Driving License Suspension was Invalid
A suspension may be imposed on your license based on your previous convictions whose evidence was challenged. Such an issue questions the validity of the sentences, and as such, you will have grounds to challenge the suspension.
The License was Never Revoked or Suspended
Instances of a clerical error in the DMV records may occur, and you may fall victim to their mistake. If this is the case, your attorney will demonstrate to the court, that the suspension did not exist in the first place and that your circumstances are due to an error on the part of the DMV.
The Suspension or Revocation Period Lapsed
Driving on a suspended license after the suspension has lapsed is not a violation. Even if the permit was not formally reinstated, you are not in breach of the provisions of NRS 483.560. However, you stand charged with driving without a license charge.
Prosecutors are sometimes inclined to negotiate with the defense to avoid the lengthy court process and save on both time and resources for more serious offenses. You can take advantage of these negotiations to have the charges against you dropped or plead guilty for lesser charges.
All cases of suspended licenses or revoked licenses may be sealed after one year following the of the court process. However, defendants whose charges were dismissed can proceed to have the records sealed immediately. This ensures that they do not suffer the adverse effects of a dented driving history.
Challenging a Suspension Out of Court
A suspension may be challenged in DMV proceedings. The proceedings can be initiated without criminal action against you. In other instances, the processes may be instituted while you have your day in court.
The DMV hearings are set up to determine your suspension. Once you know of the pending license suspension, it is in your best interest to act immediately and request for a DMV License Suspension hearing. A driver has limited time to request a trial. For example, drivers who fail a DUI blood or breath tests have only seven days to make an official request. Failure to which, they forfeit this right, and their licenses are automatically suspended.
The hearings seek to establish the facts on the circumstances that led to your suspension. Therefore, the evidence gathered may either make a case for you or determine your culpability. Having an attorney for the hearings is a good idea.
Knowing if Your Driver’s License is Suspended
Regularly checking the status of your driving license helps you avoid the consequences that result from driving on a suspended license. You can check on your license’s status through three avenues.
Check Your Mailbox
Be sure to look out for notifications in your mailbox. Update all your records with an address you can easily access.
Access the DMV Records
Call the DMV or visit their website to access your driving records. You are sure to know your license status on time.
Call your Auto Insurance Provider
Your insurance provider has access to your driving history and will know beforehand the status of your driving license before they renew your policy. They are a good source of information.
Get in Touch with an Attorney Near Me to Fight a Driving on a Suspended License Charge
Criminal offenses such as driving on a suspended license have grave implications on your records. You risk being charged higher premium rates for your vehicle insurance; it may affect your employment opportunities, let alone the fines and the risk of a jail term. Remember always to involve an attorney in criminal matters. Have them conduct an assessment and let them develop the best defense strategy for your case. If you decide to hire us, The Law Offices of Martin Hart promises to use all our resources to fight for the best outcome possible. Join the growing list of satisfied Las Vegas, NV residents by hiring us for your defense. Give us a call at 702-380-4278 and let us start the conversation today.