One charge that occurs in the Commonwealth of Pennsylvania is the charge of Driving with a Suspended License. A conviction for this charge can have drastic repercussions on an individuals ability to drive. A defendants license is automatically suspended for an additional year as a result of a conviction for this charge. Additionally, and most problematically, a conviction for this charge also means that a defendant can no longer qualify for ignition interlock even if he is otherwise eligible. In order to be convicted for this crime, the government must prove the following elements beyond a reasonable doubt:
- That the defendant was driving a vehicle on a roadway
- That the defendant was driving with a suspended license;
- And finally, that the defendant had been notified that his license was suspended.
Frequently, under this statute, the biggest issue deals with whether the defendant knew he was driving with a suspended license. Factors to consider are whether the defendant was in possession of his or her license, told the officer that he knew his license was suspended and may have reasonably believed that he could drive.
There are two different charges for driving with a suspended license. The most serious charge is driving with a suspended license, which was suspended as a result of a conviction for Driving Under the Influence. This charge is found in the vehicle code under section 1543(b). In order to be convicted for this charge, the government must prove that the accused was driving a motor vehicle on a roadway with a suspended license as a result of a dui conviction. A conviction for this subsection calls for a minimum mandatory prison sentence of at lease 60 days in prison and a $1,000 fine. Regardless of the Driving with a suspended license charge you are facing, it is important to contact the experienced DUI lawyers at Bellwoar Kelly, LLP immediately. Please call us today so that we can help safe your license for tomorrow.