Driving While License Suspended
Driving with a suspended license in Michigan is a serious misdemeanor charge. For example, a first offense driving without a license can result in a 93 day jail sentence. According the DWLS statute, MCL 257.904, a subsequent driving while license suspended charge can result in up to a one year jail sentence.
Although it would seem that a driving while suspended charge would be relatively minor, there are numerous courts, such as the 48th District Court in Bloomfield Hills, or the 52-3 District Court in Rochester Hills.
There are numerous defenses to a driving while license suspended charge. The most common is that the Secretary of State did not provide you with notice that your license was suspended. Under MCL 257.212, notice of your driver license suspension shall be given either by personal delivery to the person to be notified or by first-class United States mail addressed to the person at the address shown by the record of the secretary of state. Proof of the giving of notice in either manner may be made by the certificate of a person 18 years of age or older, naming the person to whom notice was given and specifying the time, place, and manner of the giving of notice.
In People v Patman, the Michigan Court of Appeals held that the prosecutor simply presenting a certified driving record was insufficient to prove notice of the suspension. Instead, the court’s now require that somebody from the secretary of state actually testify that the notice was given.
If you or a loved one is charged with driving while license suspended in Michigan, expect to have the entire Amberg & Amberg team fighting for you. With innovative motions and defenses, the courage to stand up to tough prosecutors, and the belief in your innocence, we will fight with you to the end. If you or a family member needs our help, call or email us today.