After having been convicted of a DWI, your license will be suspended for at least a year. During this revocation period, if you are caught driving, you will be charged with driving while license revoked (underlying impaired driving). Under newer law, this is now a slightly different driving while revoked charge than if your license was revoked for non-impaired driving issues. For driving while impaired revocations, the driving while license revoked charge is still a serious class 1 misdemeanor. Jail sentences ranging into months aren't uncommon with conviction of driving while license revoked on DWI suspension. Judges don't like it when you've been revoked for DWI and you continue to drive during the revocation period. DMV will also gladly slap an additional year of license revocation on you for good balance after a DWLR conviction!
I've been charged with DWLR from a DWI suspension, so what do I do now? The first line of defense to be considered in these cases is how the traffic stop occurred. Many people are unaware of the fact that law enforcement cannot stop your vehicle for no good reason. The 4th Amendment of the US Constitution protects your privacy and right to avoid unwarranted seizure (being stopped) for no good reason. Whether or not police had "reasonable suspicion" to pull your vehicle should always be considered. If police had no good reason to stop you, a suppression motion would eliminate all the charges stemming from the stop. However, the reason they need is not the higher "probable cause" standard and is a minimal objective "excuse" police need for pulling you over. Usually police will cite some minor traffic violation such as a seatbelt, or speeding as the reason. However I use the word "excuse" because, as of late, police can articulate facts invoking the "community caretaker" exception to come up with a number of excuses as to why you needed to be stopped. This could be as insignificant as waving your hand out the window. It really concerns me, and I've seen a number of ridiculous traffic stops that warrant challenge, but that doesn't mean the court will always agree with suppression.
If you've been charged with DWLR from impaired suspension, you can seek Prayer for Judgement Continued (PJC). This will not only keep you out of jail/off probation, it'll avoid additional DMV suspensions. All I can say here is you better hire a good traffic lawyer who can speak well on your behalf. The PJC's aren't always easy to get in these situations, and District Attorneys will routinely object to them making it even more difficult.
If this isn't your first DWLR, or you've had a PJC granted before, your chances of getting another may have dwindled even further. Sometimes, damage control becomes the focus of these cases where jail sentences are likely. I've represented a number of clients on these charges and have helped them get PJC's and in more severe, repeat cases, helped them avoid months long jail sentences. If you've been charged with Driving While License Revoked on impaired revocation, make no mistake, you need to call a good traffic lawyer today!!
CALL ASHEVILLE DWI ATTORNEY TODAY: 828-575-8417