Far too many individuals have felt that sinking feeling in the pit of their stomach when they see flashing blue lights in their rearview mirror. Many people know exactly why they’re being pulled over if they realize they were going a bit too fast, but some individuals have even more to worry about in these situations. Those who have a suspended license who are pulled over while speeding face a potentially serious set of consequences, so it’s important for these people to recognize whether they have a defense or not.
While it may seem as if being caught speeding while driving with a suspended license would be a “slam dunk” for the state prosecutor, this is simply not the case. There are actually several defenses a person can put forth. The prosecutor, for instance, must actually prove that an individual was driving for a charge of driving on a suspended license to stick. Now this becomes an issue when a person is pulled over during the commission of speeding since the officer obviously saw them driving. There are other defenses, however, that may fare better.
For a person to face penalties for driving on a suspended license while speeding, it must be proven that there was probable cause for the individual to be pulled over. This may seem open and shut since the individual was pulled over for speeding, but numerous people get out of speeding tickets due to a lack of evidence. If it cannot be proven that a person was speeding, even if they did have a suspended license, they cannot be prosecuted since the officer had no right to pull them over.
One of the best defenses, however, is that an individual had no idea that their license was suspended. In most criminal cases, it must be proven that a person actually intended to break the law. If it can’t be proven that the driver knew or should’ve known that their license was suspended, they can’t be prosecuted for that specific infraction.
Unfortunately, the consequences of speeding on a suspended license can be extreme. Since these are two distinct crimes, an individual will face two sets of repercussions. Speeding often only results in a fine, but driving on a suspended license can be far more serious. In almost all cases, a convicted person will have additional points added to their license and more time added to their suspension. Sadly, in some states, the driver may even face jail time for this conviction.
Steps to Take after being Ticketed
It’s important, after being ticketed, to realize that there are possible defenses to these charges. Everyone charged with speeding while driving on a suspended license, however, should immediately seek out local legal help. For example, seek out the services of a Florida speeding ticket lawyer if facing a speeding charge on a suspended license in the state of FL. A local attorney will understand the specific laws within a jurisdiction, and they can often use these laws and the nuances within them to get the charges dropped or lowered.
Finding an experienced attorney, though, isn’t as easy as calling random law offices. It’s imperative to start out with an online search to find local attorneys. As mentioned, a local attorney will understand a locale’s specific laws, and since these laws can vary so much depending on where a person is pulled over, choosing a non-local attorney can end badly.
No one should ever drive on a suspended license. A minor traffic stop that would usually only result in a warning can quickly lead to huge fines, additional license points and even jail time if an individual has a suspended license. For those who are already facing this reality, however, it’s important to realize that a guilty verdict isn’t a foregone conclusion. With an experienced attorney and the right set of circumstances, an individual may be able to walk away without any additional penalties.
Lisa Coleman shares that it might be possible to fight the charge of speeding on a suspended license, depending on the circumstances, and shares the importance of retaining a speeding ticket lawyer if faced with such a charge. The Tix Team Traffic Attorneys, a Florida speeding ticket lawyer group, is an experienced firm that can represent and counsel a client who has been charged with a speeding ticket while driving on a suspended license within that state.