If your driver’s license has been suspended or revoked and you drive a motor vehicle in Las Vegas, you risk jail time, a fine and additional time without driving privileges. The penalties are more severe if you lost your license because of a drunk driving conviction.
If you have been arrested for driving on a suspended or revoked license, the traffic violation attorneys of Adras & Altig in Las Vegas can help you. There are arguments to be made on behalf of a person in your situation, and our legal team will do all that is possible to help minimize the impact of the charges on your life and future.
Why Was Your Driver’s License Suspended?
There are a variety of reasons your driver’s license may have been suspended or revoked under Nevada law. They include:
- Point Suspension — Accumulating 12 or more demerit points against your license within a 12-month period.
- Driving Under the Influence — Being convicted of DUI — driving under the influence of alcohol or drugs.
- Collision with a Bicyclist or Pedestrian — Hitting a person riding a bicycle or a pedestrian while you were driving.
- Failure to Appear — Receiving a traffic ticket and not paying the fine on time or failing to appear in court as required.
- Security Deposit in Lieu of Insurance — Being in a car accident that caused more than $750 in personal injury or property damage and not having liability insurance.
- Failure to Maintain Insurance — Failing to provide “proof of financial responsibility,” which is satisfied with a current auto liability insurance policy, when required by police or the courts.
- Child Support — Being in arrears in court-ordered child support payments.
- Graffiti — Being found guilty of a graffiti violation.
- Firearms — Being a juvenile found guilty of certain offenses related to firearms.
- Street Racing — Being found guilty of participating in or organizing an unauthorized race on a public highway.
- Alcohol and Drugs — Being a juvenile found guilty of buying, drinking or possessing alcohol; or using, possessing, selling or distributing any controlled substance.
If you have lost driving privileges in Nevada, you must wait for the end of the suspension period and comply with other reinstatement requirements, which include addressing whatever caused the revocation or suspension. For example, you would have to show the court that you are current with child support payments if you lost your license for being in arrears. If you were charged with a crime, such as DUI, graffiti or underage firearms violations, you would have to show you have paid any fine levied and completed all other punishment imposed as part of your conviction.
If your license is revoked based on a DUI or failure to submit to testing after a DUI arrest, you may reinstate your driving privileges before the end of the revocation period by installing an ignition interlock device on any vehicle you operate.
Driving While Your Nevada Driver’s License is Suspended or Revoked
You could go to jail if you are caught driving in Nevada after your license has been suspended or revoked. This applies to out-of-state license suspensions or revocations, too.
Nevada state law (NRS 483.560) says driving while your license is cancelled, revoked or suspended is a misdemeanor punishable by:
- Up to six months in jail,
- Up to a $1,000 fine and/or
- A further license suspension or revocation.
The law says of further license suspensions or revocations:
- A suspension is extended for a period matching the original suspension.
- A revocation is extended for one additional year.
- A restricted license (held by underage drivers) or permit is revoked and the driver is ineligible for a license for a year in addition to the original period of ineligibility for full driving privileges.
A license that had been revoked or suspended or an unspecified period is to be revoked or suspended for an additional six months on a first violation and an additional year for a second violation.
If your license was revoked because of a DUI conviction, the penalties are:
- At least 30 days in jail or 60 days of house arrest,
- A fine of $500 to $1,000 and/or
- An additional year of driving privileges revocation.
When dealing with a driver who had a DUI conviction but continued to drive, the prosecution is not allowed to plea bargain, suspend the sentence or grant probation.
The law lists maximum penalties. With a proper legal defense, you should face less punishment, but you must recognize that the maximum is available to a judge who decides you deserve it.
How We Can Help After an Arrest for Driving While License Revoked or Suspended?
You should never face any legal proceeding without an attorney. An experienced Las Vegas defense attorney knows state law and the local courts and can advocate on your behalf.
Individuals who are cited for driving on a revoked or suspended license in Nevada may argue in their defense that:
- Their driver’s license was not suspended or revoked. Police sometimes improperly charge drivers for driving without a license. In court, it will be up to the prosecution to establish the suspension or revocation as fact. Even records that did exist can be lost, and other errors may occur in the bureaucracy of the Nevada Department of Motor Vehicles that stop a case cold.
- The driver was not notified. If the State of Nevada takes your driving privileges away, you are to be notified by certified mail or by law enforcement of the period of ineligibility and whether you are entitled to an administrative hearing. The prosecution may be required to show a record of delivery, such as a signature accepting hand delivery or a certified letter. If the order is served by mail, the driver’s license revocation becomes effective eight days after mailing. You should not be punished for driving on a revoked driver’s license until the eight days after mailing has elapsed.
- The suspension or revocation period has ended. If your period of punishment has ended but you drive before having your license reinstated and are arrested, the proper charge is “driving without a license.” Therefore, for the prosecution to move forward, they would have to ask for current erroneous charges to be dismissed and then file new charges. A prosecutor may be persuaded that this is not the most efficient thing for a representative of the state to do.
Most cases of driving with a revoked license are settled by negotiating a deal with prosecutors to reduce charges and/or recommend a lighter penalty, or by asking the judge to dismiss the charges altogether. Our Las Vegas attorneys at Adras & Altig have the knowledge of Nevada law and a working relationship with Clark County prosecutors to help you achieve the best outcome based on your specific situation.
Call Our Las Vegas Traffic Ticket Lawyers About Your Driving Privileges
If you or a loved one has been arrested for driving with a suspended or revoked license in Las Vegas, Nevada, do not face the potentially costly consequences without legal assistance. Contact our seasoned traffic ticket and motor vehicle crime attorneys about protecting your rights. Contact us now to set up a free legal consultation.
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At Adras & Altig, we believe that every client we work with deserves a fresh start. Our dedicated Las Vegas criminal defense attorneys take the time to get to know you so we can understand the circumstances surrounding your arrest.