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Hammer O'Justice
Hammer O'Justice, Attorney
Category: Traffic Law
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Experience:  9 years of legal experience, including traffic law
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Can a DUS 1st be reduced to a lesser charge? My license were

Resolved Question:

Can a DUS 1st be reduced to a lesser charge? My license were suspended from a prior DUI but my SC Drivers license will be reinstated when I go to court?
Submitted: 1 year ago.
Category: Traffic Law
Expert:  Hammer O'Justice replied 1 year ago.

The only lesser charge that would be slightly applicable is driving without a license, but it is only a lesser charge in that the fine is less (maximum of $100 rather than $300) while the potential jail time remains the same (maximum of 30 days). Aside from that, there is really nothing that would be a lesser version of driving suspended. If you received other traffic citations at the time (like speeding or something), the prosecutor may be persuaded to drop the driving suspended since you will have your license reinstated, although with a prior serious traffic charge they are less inclined to cut a deal like that than with a first offender. Since the charge does carry the possibility of jail time it is a good idea to hire a lawyer or apply for the public defender to negotiate on your behalf, either for a different charge or simply for a sentence that does not include jail time.
Hammer O'Justice, Attorney
Category: Traffic Law
Satisfied Customers: 4043
Experience: 9 years of legal experience, including traffic law
Hammer O'Justice and 7 other Traffic Law Specialists are ready to help you
Customer: replied 1 year ago.

I'm not sure if you are in SC or not, but I guess that part doesn't matter. I'm hoping that since my license will be reinstated by the time court comes up that they will take that into consideration?? atleast they wouldnt be seeing me in the courts for that same charge again right? I mean I know that doesnt cover the fact that I broke the law but... actually this cop knew my license were suspended ( I guess ) because it was dark ( back in December ) he came running around to the back of my house ( garage is at the back ) I was OUT of the car not a routine traffic stop so no there were not other traffic tickets like speeding or anything... he just told me to drop what I had in my hands and it went from there. This guy has personal issues with me anyway ( again I know the courts doesnt care about that ) with those few additional details like with him not really having valid proof it was me in the car... no a routine traffic stop... AND when court comes up Lord willing I'll have my license back what do you say to that if anything?? I wanted to ask you that before I rated... hope that helps... Heck I'd take a public drunk charge or a anything to keep from being suspended even longer...

Expert:  Hammer O'Justice replied 1 year ago.
It is not required but most judges and prosecutors take into account whether the person has been reinstated or not. As you say, when someone has taken the steps to get reinstated then there is little concern that the person will reoffend, which is one of the considerations when sentencing.

The facts that you have cited are fairly unusual. To convict someone of driving while suspended, the officer doesn't have to actually see the person driving, but there has to be some indication that they are exercising control over the vehicle. That is difficult to do when the person is not even inside the vehicle. Another issue is whether the officer was lawfully on your property to view your proximity to the car. It is possible with those facts you might be able to successfully challenge the charge at trial, which again, a lawyer would be able to help you with.

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