If you were arrested for driving on a suspended, revoked, or canceled license in Las Vegas or Clark County, Nevada, then contact an experienced criminal defense attorney at Gallo Criminal Defense Las Vegas. A DWLS or DWLR is a serious criminal charge, not a mere noncriminal violation. You could lose your license for even longer. It is important to seek out a strong defense.
Las Vegas Driving While License Suspended Lawyer
An attorney can fight to protect you from these harsh penalties and punishments. James C. Gallo represents clients throughout Clark County including the cities of Las Vegas, North Las Vegas, Henderson, Boulder City and Mesquite, Nevada.
Call Gallo Criminal Defense Las Vegas at (702) 385-3131 today to set up a free consultation. We will work to find the best defense for your case.
Definition of Driving on a Suspended License
The Nevada Legislature has defined the offense of "driving on a suspended license" to mean "any person who drives a motor vehicle on a highway or on premises to which the public has access at a time when the person's driver's license has been cancelled, revoked or suspended is guilty of a misdemeanor."
Your license can be suspended for any number of different reasons including getting 12 or more demerit points on your license, failing to pay a traffic ticket or child support, or getting a DUI conviction in Nevada.
Penalties under NRS 483.560
Under NRS 483.560, driving on a revoked license comes with the following maximum penalties:
- up to six months in jail;
- up to a $1,000 fine; and/or
- a further license suspension or revocation.
Driving on a Revocation after a DUI Conviction
If you are convicted of driving on a revoked license, then the offense is punishable by a minimum of 30 days in jail or 60 days of house arrest with a fine between $500 to $1,000. If convicted you might also receive another one-year revocation of your driver's license.
The legislature has determined that plea bargaining and suspended sentences should be prohibited if you drove on a license revoked because of a DUI. In other words, the court must impose a sentence of 30 days in jail or 60 days of house arrest if you were driving on a revoked license because of a DUI. In some cases better results can be negotiated, but the defense attorney, prosecutor and judge have to be creative to get around the statutory language. See NRS 483.560(2)(c).
Additional Period of Suspension or Revocation of the Driver's License
Perhaps the most devastating penalty under NRS 483.560 is the additional suspension or revocation, especially since periods of suspensions and revocations imposed pursuant to this section must run consecutively.
The statute provides:
If the Department receives a record of the conviction or punishment of any person pursuant to this section upon a charge of driving a vehicle while the person's license was:
- Suspended, the Department shall extend the period of the suspension for an additional like period.
- Revoked, the Department shall extend the period of ineligibility for a license, permit or privilege to drive for an additional 1 year.
- Restricted, the Department shall revoke the restricted license and extend the period of ineligibility for a license, permit or privilege to drive for an additional 1 year.
- Suspended or cancelled for an indefinite period, the Department shall suspend the license for an additional 6 months for the first violation and an additional 1 year for each subsequent violation.
See NRS § 483.560(5).
Defenses to Driving on a Suspended or Revoked License
If you are charged with driving on a suspended or revoked license, the prosecutor must show that you knew your license was suspended or revoked. In other words, knowledge of intent to drive with a suspended or revoked license is a necessary element of crime.
In many cases, the prosecutor will attempt to show that you knew that your driver's license was revoked or suspended because Nevada authorities send you a letter to notify you of the revocation or suspension. In many cases, the notice is deemed to be sufficient if it was sent to your last known address.
The prosecutor can also argue that if the order of revocation of driver's license is served by mail, the revocation becomes effective eight days after mailing. An arrest for driving with revoked driver's license was premature if it occurred before the eight days after mail had expired.
Finding an Attorney for a Suspended or Revoked Driver's License / DWLS in Las Vegas
If you did not receive proper notice of the suspension, revocation or cancellation then your Las Vegas criminal defense attorney should file a motion to dismiss the charge.
Call James C. Gallo at (702) 385-3131 to find out more about possible defenses that might apply in your case.
Frequently Asked Questions
Can I obtain legal assistance if I am accused of operating a vehicle with a suspended license?
Indeed, a traffic attorney with extensive experience can assist you in navigating the legal process, potentially reducing the penalties or even having the charges dismissed in certain circumstances. They can also investigate the specifics of your case, such as whether you were adequately informed of the suspension and whether there were any mitigating circumstances.
What are the penalties for operating a vehicle with a suspended license in Nevada?
The penalty for driving with a suspended license typically ranges from $500 to $1,000 in Nevada. Nevertheless, penalties may be increased in aggravating circumstances, such as driving under the influence (DUI) while your license is suspended.
For what duration will my license be suspended?
The duration of a license suspension is contingent upon the cause of the suspension. It could be anywhere from a few months to several years. In certain instances, your license may be suspended indefinitely until specific conditions are satisfied, such as completing a rehabilitation program or paying penalties.
For what duration will my license be suspended?
The duration of a license suspension is contingent upon the cause of the suspension. It could be anywhere from a few months to several years. In certain instances, your license may be suspended indefinitely until specific conditions are satisfied, such as completing a rehabilitation program or paying penalties.
Is operating a vehicle with a suspended license permissible if I was unaware that it had been suspended?
Generally, it is not permissible to assert that you were unaware of your suspension. You must guarantee that your license is in good standing, and you should conduct routine inquiries with the DMV or monitor any suspension notices sent to your address. If you were not informed of the suspension, it is recommended that you seek an attorney's advice to determine whether any legal options are available to you.
What distinguishes a suspended license from a revoked license?
A license that has been provisionally suspended may be reinstated after a specified period or upon the fulfillment of specific criteria. A license that has been revoked is irrevocably canceled, and it may be necessary to reapply for a new license after satisfying specific criteria.
Will a conviction for driving with a suspended license be recorded on my criminal record?
Indeed, a conviction for driving with a suspended license will be recorded on your criminal record. This may impact your future employment opportunities, immigration status, and other aspects of your existence. Consulting with an attorney can assist you in comprehending your alternatives for managing the conviction.
Can ICan I obtain a restricted license if my license has been suspended?
In certain circumstances, you may be eligible for a restricted license, enabling you to travel to and from work, school, or other essential activities. This is contingent upon the reason for the suspension and the extent to which you satisfy specific eligibility requirements. You are required to apply for a restricted license from the Department of Motor Vehicles (DMV).
Can I operate a vehicle while my license has been suspended due to failing to pay fines?
If you are scannable until tonnes are paid and the suspension is lifted, your license will be suspended for non-payment of court-ordered fees or fines. Certain courts or DMV offices may permit you to establish a payment plan to regain your license; however, this must be completed before driving again.
Is it possible for me to be arrested in Nevada for traveling with a suspended license?
Indeed, it is possible to be apprehended for operating a vehicle with a suspended license. If you are discovered driving with a suspended or revoked license, law enforcement may arrest you, and you may be subject to additional criminal charges or penalties.