Any individual convicted of Driving Under Restraint (DUR) or Driving Under Suspension (DUS) faces mandatory jail time and an extension of the restraint or suspension of their license. These are serious charges. The prosecution may make you a plea bargain offer that keeps you out of jail, but that does not mean it is a good deal. There are many details to these cases that an experienced attorney should review to determine if the State can prove its case, and if there is any way to avoid either the jail time, or the suspension consequences.
The attorneys at Fuicelli & Lee, PC have sifted through thousands of motor vehicle records and can quickly determine whether or not the State can prove its case for DUR or DUS against you. Many times, they can prove it, but the suspension is over, or it requires some work on your part in order to get the license reinstated. We have been able to help many clients get reinstated and thus avoid the serious consequences of a conviction on these charges.
In driving under restraint or suspension cases the government has to prove that there was a restraint or suspension of your license. They also have to prove that the driver had actual knowledge of the restraint or suspension. Since the Department of Motor Vehicle’s standard practice is to send the notice via regular mail, many drivers are completely unaware that their license has been revoked. Even if you are aware, the government still has to prove it.
There is also an emergency exception to this offense that takes the mandatory jail time out of the equation. However, it will not save the license. There is still an additional suspension that will be imposed. In fact, a conviction to just about any moving violation will cause the license to be re-suspended. That is why you should not accept any plea bargain without talking to an attorney first. Our attorneys have the experience and knowledge to tell you what your options are, and what action should be taken on your case.
If you have questions about DUR or DUS convictions, or for a free case assessment, call or email us today. The highly skilled attorneys at Fuicelli & Lee, PC are experts in handling DUR and DUS cases and are here to help.