What happens to a second time offender of driving with a suspended license? 46 Answers as of July 03, 2013

I was just wondering what are the consequences for driving under a suspended license for second time offenders.

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Cornish, Crowley, Rockafellow, & Sartz, PLLC
Cornish, Crowley, Rockafellow, & Sartz, PLLC | Jacob Peter Sartz IV
Speaking generally, if a person is charged with driving on a suspended/denied/revoked license, second offense due to priors, they are charged with an enhanced misdemeanor punishable by up to one year in jail, tougher license sanctions including vehicle impound, fines, costs, probation up to two years, etc. Notably, the possible jail time for a conviction increases substantially. Occasionally, though, they will only be charged as a first-time offender. It depends on the local policies of the prosecutor's office.
Answer Applies to: Michigan
Replied: 11/29/2011
Law Offices of Kate Mesic, PA
Law Offices of Kate Mesic, PA | Kate L. Mesic
If you are charged for the second time (and you previously were convicted of DWLSR), you are now facing a misdemeanor of the first degree, punishable by up to 1 year in jail and $1000.00 fine. Remember, the danger here is that if you are getting this regularly, you are on your way of becoming a Habitual Traffic Offender.
Answer Applies to: Florida
Replied: 11/28/2011
Buselmeier Law & Associates, PA
Buselmeier Law & Associates, PA | Theodore W. Buselmeier
You of course have a defense that should be explored first and foremost. You would be looking at a misdemeanor conviction at worst. Maximum sentence is 90 days/$1000 fine. Realistically your looking at 0-10 days and a $300 fine most likely. Play it right and no jail.
Answer Applies to: Minnesota
Replied: 11/23/2011
DeVito & Visconti, PA
DeVito & Visconti, PA | John E DeVito
A second offense operating after suspension carries a potential sentence from 60 days to one year in jail. Jail is not mandatory unless it was suspended for OUI. This crime rarely involves jail time in most courts. If you have a good attorney, you may be able to avoid a conviction if the matter goes to court. You may just face court costs. If you were not arrested for the offense and only given a citation, you will be able to request a hearing before a clerk magistrate. Again a good attorney may be able to resolve the matter before the clerk and you will not have to appear before a judge.
Answer Applies to: Massachusetts
Replied: 11/22/2011
Law Office of Richard Williams
Law Office of Richard Williams | Richard Williams
Depends on where you were arrested. In some counties you may just be facing a fine, and an additional six month suspension of your driver's license. In other counties you may be facing up to 6 months in jail.
Answer Applies to: Alabama
Replied: 11/18/2011
    Law Office of Daniel K Martin
    Law Office of Daniel K Martin | Daniel K Martin
    It depends on why the license was suspended. It is different if it was suspended due to a DUI or another reason.
    Answer Applies to: California
    Replied: 11/16/2011
    Law Office of Geoffrey M. Yaryan
    Law Office of Geoffrey M. Yaryan | Geoffrey M. Yaryan
    Depending on the reason for the suspension, some jail time plus fine and probation.
    Answer Applies to: California
    Replied: 11/16/2011
    bark & karpf
    bark & karpf | peter bark
    You could go to jail, or a fine or probation or a combination of all three.
    Answer Applies to: New York
    Replied: 11/16/2011
    Michael Breczinski
    Michael Breczinski | Michael Breczinski
    Up to a year in jail.
    Answer Applies to: Michigan
    Replied: 6/26/2013
    The McDonnell Law Firm, PLLC
    The McDonnell Law Firm, PLLC | Patrick J. McDonnell
    It depends on the specifics of your suspension. It is definitely a misdemeanor but could be a felony. The sentence could be a fine not less than $500 and 180 days or more in jail. Check out section 509 of the vehicle and traffic law. There are many variables.
    Answer Applies to: New York
    Replied: 11/16/2011
    Beaulier Law Office
    Beaulier Law Office | Maury Beaulier
    Certainly multiple violations of the same law may result in increase penalties. Generally, a driving after suspension is a misdemeanor punishable by up to 90 days in jail and a $1000 fine. You should hire experienced counsel.
    Answer Applies to: Minnesota
    Replied: 11/16/2011
    Anderson Law Office
    Anderson Law Office | Scott L. Anderson
    It varies based on a lot of factors. It is a misdemeanor offense which has a maximum penalty of 90 days in jail and a $1000 fine. Based on the county, the prosecutor, your prior record and the judge will determine the severity. I would seek representation.
    Answer Applies to: Minnesota
    Replied: 11/16/2011
    Craig W. Elhart, P.C.
    Craig W. Elhart, P.C. | Craig Elhart
    The Secretary of State will suspend your license for a longer period of time and the court is likely to place you in jail.
    Answer Applies to: Michigan
    Replied: 11/16/2011
    Giannini Law Office, PC
    Giannini Law Office, PC | Robert Giannini
    Usually jail time, fines, probation with fees, and further license suspension. You really should find a lawyer who practices often in the court you are going to appear in.
    Answer Applies to: Georgia
    Replied: 11/16/2011
    Law Office of Michael E. Hendrickson
    Law Office of Michael E. Hendrickson | Michael E. Hendrickson
    It could be some time in the local slammer if he had prior notice of the suspension but continued to drive anyway.
    Answer Applies to: Virginia
    Replied: 11/16/2011
    Law Office of Ronald Aronds, LLC
    Law Office of Ronald Aronds, LLC | Ronald Aronds
    There would be a $750 fine, 2-5 days of jail and loss of license of up to 6 months.
    Answer Applies to: New Jersey
    Replied: 11/15/2011
    Timothy J. Thill P.C.
    Timothy J. Thill P.C. | Timothy J. Thill
    It depends on why is your license suspended. You have failed to provide enough information to make a determination of the sentence. If it is suspended for an unpaid ticket, the penalty on a second offense is far less drastic than if you are suspended for a DUI, for example. Generally, if the suspension is not very serious, you are probably looking at some form of probation. I would advise you to clear up the suspension before going to court. Many courts tend to dismiss the charges if you appear with a valid drivers license. This something to keep in mind. Go to your DMV or Secretary of State office to find out the basis of the suspension and whether the matter can be cleared and by what means.
    Answer Applies to: Illinois
    Replied: 11/15/2011
    Law Offices of Louis M. Leibowitz, LLC
    Law Offices of Louis M. Leibowitz, LLC | Louis Leibowitz
    Many judges will give a person a couple of days in jail for a second driving suspended charge. It really depends on the circumstances.
    Answer Applies to: Maryland
    Replied: 11/15/2011
    Law Offices of Martina A. Vigil, PC
    Law Offices of Martina A. Vigil, PC | Martina A. Vigil
    Driving while your driver's license is suspended or revoked is a misdemeanor and is punishable up to a year in county jail. If you are on probation from a previous conviction, you are also looking at a probation violation.
    Answer Applies to: California
    Replied: 11/15/2011
    Law Office of Jared Altman
    Law Office of Jared Altman | Jared Altman
    It kind of depends why your license was suspended. It could be bad.
    Answer Applies to: New York
    Replied: 7/3/2013
    Law & Mediation Office of Jeffrey L. Pollock, Esq.
    Law & Mediation Office of Jeffrey L. Pollock, Esq. | Jeffrey Lawrence Pollock
    It mainly depends upon whether your suspension was DUI-related or not.
    Answer Applies to: Pennsylvania
    Replied: 11/15/2011
    Law Office of Christopher G Humphrey PC | Christopher G Humphrey
    Depends on the Court, but there is a 7 day minimum in jail. Wyoming Statute Sec. 31-7-134(c) states: "A person convicted of a subsequent violation of subsection (a) of this section for driving during the same period of cancellation, suspension or revocation giving rise to the previous conviction, or a person convicted of driving during a period of cancellation, suspension or revocation arising from a previous conviction under W.S. 31-5-229 or 31-5-233, is guilty of a misdemeanor and shall be imprisoned for not less than seven (7) days nor more than six (6) months and shall not be eligible for probation or suspension of sentence or release on any other basis until he has served at least seven (7) days in jail. In addition, the person shall be fined not less than two hundred dollars ($200.00) nor more than seven hundred fifty dollars ($750.00)."
    Answer Applies to: Wyoming
    Replied: 11/15/2011
    Law Offices of John Carney
    Law Offices of John Carney | John Carney
    If your license was revoked due to a DWI conviction the charge will be a felony AUO and felony DWI and you will face a state prison sentence. Drinking and driving is like firing a gun at a moving train and hoping that no one gets hit by the bullets. You should retain a good criminal attorney to handle the case. A lot depends on the breath test, the field sobriety tests, and the court that you are in. If you refused or have a prior you will have to go to trial. If your breath teat was over .18 you will probably be convicted of the DWI felony. You will probably be placed ion probation for 5 years and have to go to drug court or counseling. If you violate probation or fail drug court you will be sentenced to a jail term. Next time just take a cab.
    Answer Applies to: New York
    Replied: 11/15/2011
    Law Offices of James A Bates
    Law Offices of James A Bates | James A Bates
    It depends on why the license was suspended. If it was a DUI related suspension, the consequences are automatic jail time. Most courts will give you a break if you are able to get your license renewed before the end of the case.
    Answer Applies to: California
    Replied: 11/15/2011
    Dennis Roberts, a P.C.
    Dennis Roberts, a P.C. | Dennis Roberts
    If you are still on probation, they will violate you and most likely give you some county jail time. Actually you might get some county time even if not on probation if this is your second offense.
    Answer Applies to: California
    Replied: 11/15/2011
    Reza Athari & Associates, PLLC | Seth L. Reszko
    If your license was suspended, but was reinstated, and then you were driving again on a suspended license, the punishment will be a fine. If you have been cited for driving on a suspended license twice without it being renewed a second time, the Judge could impose a higher fine or remand you into custody. I would recommend hiring counsel.
    Answer Applies to: Nevada
    Replied: 11/15/2011
    Law Offices of Sean Logue
    Law Offices of Sean Logue | Sean Logue
    It likely will result in a year's suspension.
    Answer Applies to: Pennsylvania
    Replied: 11/16/2011
    Freeborn Law Offices, P.S.
    Freeborn Law Offices, P.S. | Steve Freeborn
    Depends upon what your license was suspended for in the first place and whether or not the license was suspended when you got your second suspension. You could loose your license for even longer. You could have trouble getting insurance. You could look at a substantial fine. You could look at jail time. Consult with a local attorney.
    Answer Applies to: Washington
    Replied: 11/15/2011
    Law Office of David Baum
    Law Office of David Baum | David M. Baum
    The punishment for a second offense will depend on the reason for the suspension of your license. If the suspension was a result of a DUI conviction, then you could be looking at a mandatory jail sentence.
    Answer Applies to: California
    Replied: 11/15/2011
    Law Office of Jeff Yeh
    Law Office of Jeff Yeh | Jeff Yeh
    It depends what caused the suspension. If it is a DUI, the charge will be VC 14601.2(a), and a second offense will get you 30 days in county. Contact an attorney, because even a slight reduction will delete the jail requirement.
    Answer Applies to: California
    Replied: 11/15/2011
    Betts Legal Services
    Betts Legal Services | Shawn M. Betts
    Depends on the jurisdiction. Some look for some jail time while others do not. A fine is a certain but anything else is an unknown. Try to get your license valid before going to court. It might help your case.
    Answer Applies to: Minnesota
    Replied: 11/15/2011
    Mark Thiessen, Attorney at Law
    Mark Thiessen, Attorney at Law | Mark Thiessen
    Hirer fine and more suspension of your license. To avoid the "black hole" of suspensions, you need to hire an attorney to get you a occupational or restricted drivers license.
    Answer Applies to: Texas
    Replied: 11/15/2011
    Andersen Law PLLC
    Andersen Law PLLC | Craig Andersen
    The consequences are entirely up to the judge and the prosecutor.
    Answer Applies to: Washington
    Replied: 7/3/2013
    John Segelbaum, P.S.
    John Segelbaum, P.S. | John Segelbaum
    The same as for first time offenders. Depends on what degree. Up to 90 days in jail for 3rd degree. Up to one year in jail for 2nd degree.
    Answer Applies to: Washington
    Replied: 11/15/2011
    Austin Legal Services, PLC
    Austin Legal Services, PLC | Jared Austin
    A DWLS second offense increases the maximum penalty from 93 days to a year and the fines from $500 to $1,000. You also face additional suspension of your license from the Secretary of State. The consequences are high and that is why you need an experienced lawyer representing you. As to what your ultimate plea is and what the sentence is all depends on the county, who the judge is, and why your license is suspended. If it's for a DUI, that will be treated differently than unpaid tickets. The granddaddy of all plea deals is the "No Ops" which results in no points, no license suspension, and no driver responsibility fees. What is more likely is to plea it down to a DWLS first offense. You also need to have a lawyer look at the validity of the stop to determine if it is valid or not. Chances are you will receive probation as opposed to jail, but jail is still a possibility and the chances increase with each conviction. Speak with an experienced criminal defense lawyer in the area in order to give you a better answer.
    Answer Applies to: Michigan
    Replied: 11/15/2011
    Palumbo and Kosofsky
    Palumbo and Kosofsky | Michael Palumbo
    Probation and/or jail time.
    Answer Applies to: New York
    Replied: 7/3/2013
    Law Office of Richard Southard
    Law Office of Richard Southard | Richard C Southard
    Usually the punishment is much harsher on the second offense. Especially if the suspension is the same underlying suspension of the previous case and hasn't been cleared. That would be an incredibly easy case to prove. I suggest you clean up your license ASAP and hire an experienced defense lawyer.
    Answer Applies to: New York
    Replied: 11/15/2011
    Fairlie & Lippy, P.C.
    Fairlie & Lippy, P.C. | Steven Fairlie
    That depends on a bunch of different factors like whether it was suspended for DUI and whether you were intoxicated at the time. You will need to talk with a lawyer to get a solid opinion.
    Answer Applies to: Pennsylvania
    Replied: 11/15/2011
    Law Offices of Elliott Zarabi
    Law Offices of Elliott Zarabi | Elliott Zarabi
    The second time within five years, if you are charged with 14601.2, you are looing at a minimum of 30 maximum of 1 year in county jail.
    Answer Applies to: California
    Replied: 11/15/2011
    Law Offices of Stephanie Lee Ehrbright, Esq.
    Law Offices of Stephanie Lee Ehrbright, Esq. | Stephanie Lee Ehrbright
    Usually a couple of days jail and a pretty hefty fine. In addition to the towing & storage of your car and MVD consequences on your license.
    Answer Applies to: Arizona
    Replied: 11/15/2011
    The Law Office of Harry E. Hudson, Jr.
    The Law Office of Harry E. Hudson, Jr. | Harry E. Hudson, Jr.
    You will get a big fine and, depending what the license was suspended for. You can also spend time in jail/community service/work project.
    Answer Applies to: California
    Replied: 11/15/2011
    Rizio & Nelson
    Rizio & Nelson | John W. Bussman
    It depends on why the license was suspended in the first place and whether or not the defendant is still on probation for the first offense. How much trouble were you in the first time? It will probably be a little worse than that.
    Answer Applies to: California
    Replied: 11/15/2011
    Law Offices of Kenneth Wincorn P.C.
    Law Offices of Kenneth Wincorn P.C. | Kenneth Wincorn
    Usually jail time and an additional suspension.
    Answer Applies to: Texas
    Replied: 11/17/2011
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