In addition to being suspended administratively, an individual may be subject to suspension in accordance with a court order. Although a court may impose a suspension based on a wide variety of scenarios, it is our experience that, in most cases, this sanction can be reduced or eliminated with proper representation. We feature a team of defense lawyers, possibly the largest of its kind in the state, that possesses over 200 years of collective experience and multiple former prosecutors. If you have been suspended in accordance with a court order or even charged with driving with a suspended license, our law firm is ready to help you.

License Suspension as Part of a Sentence

There are many violations of the law that carry the possibility of a license suspension. Possession of CDS in a Motor Vehicle, Leaving the Scene of an Accident, Driving While Intoxicated (“DWI”) and Driving Without Insurance carry mandatory periods of suspension. Other offenses trigger discretionary periods that an individual’s license may be suspended by the court. For example, if an individual is found guilty of speeding at a high rate of speed, perhaps 95 MPH or more, court’s will often impose a suspension. Factors to be considered by a judge in deciding whether to impose a discretionary suspension include:

  1. The nature and circumstances of the defendant’s conduct, including whether the conduct posed a high risk of danger to the public or caused physical harm or property damage;
  2. The defendant’s driving record, including the defendant’s age and length of time as a licensed driver;
  3. The number, seriousness, and frequency of prior infractions;
  4. Whether the defendant was infraction-free for a substantial period before the most recent violation or whether the nature and extent of the defendant’s driving record indicates that there is a substantial risk that he or she will commit another violation;
  5. Whether the character and attitude of the defendant indicate that he or she is likely or unlikely to commit another violation.
  6. Whether the defendant’s conduct was the result of circumstances unlikely to recur;
  7. Whether a license suspension would cause excessive hardship to the defendant and/or dependants;
  8. The need for personal deterrence;
  9. Any other relevant factor clearly identified by the court may be considered as well; and
  10. It is not necessarily the number of factors that apply but the weight to be attributed to a factor or factors.

License Suspended for Failure to Appear, Make Payment or Comply With Court Order

Courts possess authority to issue orders of suspension, sometimes referred to as a close out, because of an individual’s failure to comply and/or to compel action of some kind by a defendant. Suspensions of this nature are generally indefinite because the objective of the order is to strong-arm an individual to do something. Common examples of this variety of suspension arise from a failure to appear in court, failure to pay a fine, failure to pay a parking ticket, failure to pay child support, or comply with a provision of a sentence (e.g. perform community service, IDRC, etc.).  In order to vacate a suspension like this, the individual customarily needs to comply, resolve and/or pay whatever is due and, once that is satisfied, his or her privileges may be restored.

If you find yourself unable to drive because of a court imposed suspension, there is a good chance that we can provide assistance. It may be possible to reopen your case to assist you or to get the suspension vacated altogether. Our lawyers have decades of experience handling all types of traffic issues and are more than happy to figure out exactly what steps are needed to get your license restored to good standing. Initial consultations are always without charge so do not hesitate to give us a call at 1 (877) 450-8301 if you require assistance.