Driving on a Revoked or Suspended License

A charge of driving with a suspended or revoked driver's license is a serious charge. It is against the law to drive when your driver's license is suspended or revoked. It is also against the law to drive if you do not have a license and your right to apply for one has been suspended or revoked.

Overview of License Violation Penalties

The most common license violations include failing to possess a valid driver's license; driving with an expired license; driving on a revoked or suspended license; failing to notify the department of public safety or bureau of motor vehicles of a change of name or address; and operating a motor vehicle in violation of a restriction or an endorsement imposed on your license. Generally license violation offenses are considered misdemeanors. The motorists are usually required to pay a fine if the motorist commits a license violation.

Not Guilty by Reason of Insanity Defense to DUI/DWI

Although a defense of not guilty to drunk driving by reason of insanity may seem a bit far-fetched, this defense has worked in some cases. If a defendant asserts a defense of insanity, he is essentially asking the court to declare him legally insane.

Consequences for Refusing to Submit to Blood Alcohol or Field Sobriety Tests

As chemical testing has evolved into a much relied on prosecution tool, ''implied consent'' laws have evolved to defeat the drunk driver's inclination to refuse to consent to such testing. An implied consent statute does not command that a person suspected of driving while intoxicated be forced to submit to a chemical test; rather, the person may refuse to take a chemical test of his or her blood, breath or urine, but if certain statutorily prescribed procedures are complied with, such a refusal does not go unpunished.

Uses of Detection Devices in Speeding Offenses

In a prosecution for speeding, the prosecutor has the burden of proving each and every element of the case by competent and credible evidence. Normally, the proof will be obtained by the prosecutor from the testimony of the officer. The basic testimony will convey a visual observation or independent estimate of speed made by the officer, corroborated by a calibrated speedometer reading or calibrated radar unit readout. There are essentially five ways for law enforcement officers to determine speed: (1) pacing the motorist's vehicle with the officer's patrol car; (2) obtaining a time-distance measurement with manually activated time; (3) obtaining a time-distance measurement with automatically activated time distance devices; (4) radar; and (5) laser devices.