United States citizens associate driving with freedom and view driving as a privilege. According to them, the right of driving cannot be taken from them like the right of keeping weapons.
Who can suspend a driving license?
If a driver violates any driving laws, then his/her license can be suspended:
- On court orders
- From the Ministry of Transportation
- At the side of the road
What are the reasons of license suspension?
A driver’s license can be suspended for different reasons. Here are some of the common reasons that will get your driver’s license taken away:
- Refusal to perform a sobriety test when pulled over or refusal to give blood, breath or urine sample for chemical testing.
- Driver negligence being the reason of an accident that causes injury or death of another person.
- If test results show that you are driving under the influence of drugs whether legal, illegal, or prescription.
- If you are convicted of DUI.
- Reckless driving such as driving at high speed or driving over-aggressively.
- Failing to pay a traffic fine, civil penalties for speeding tickets.
- Violating traffic laws so often that the state considers you to have “disrespect for traffic laws and a disregard for the safety of other persons”.
Reinstatement of your driving privileges is not automatic and a driving license cannot be reinstated until you have satisfied the conditions for reinstatement imposed by a county judge, court officer or the Department of Motor Vehicles. If your driver’s license has been suspended because of refusal to perform a field sobriety test or give a sample for testing then you will have to wait for the mandatory imposed suspension time to pass, which is 1 year to 18 months.
License suspension is temporary and it can be reinstated but a revoked license is a permanent seizure of a person’s driving privilege. With a revoked license, a person can never legally drive in that state. If a driver violates the laws and rules of driving again and again then his/her license is revoked.
How can a person know if his/her License has been Suspended or Revoked?
If your license has been suspended or revoked, you will receive notification by mail in which the address and telephone of the court that issued the suspension and revocation is given. A person with a suspended or revoked license can speak to the judge for reinstatement. If you are unemployed or on a low income, then there is a possibility that the judge will lower the fees and fines.
You can check your driving record history and license status online with the help of web sites that contain records but the records provided by these websites are uncertified.
You can get a copy of your driving record from your local DMV office. You can also get the contact information of the county court that issued the suspension or revocation of your license.
Reinstatement of driving license
Different states have different rules for license reinstatement; drivers have the right to fight for suspended or revoked licenses. At the driver’s request, the state must hold a hearing and then it is decided by the judge whether to reinstate the license, increase the length of suspension or to decrease the sentence to court-ordered traffic school.
Depending on the cause why a person’s license was suspended and in which state that person is living, he/she has to pay a license reinstatement fee which can be as much as $250.
It is good to hire a DUI attorney if you have your license suspended or revoked because hiring a professional attorney increases your chances of getting your driving license reinstated.
Dale Naticchia is an DUI / OVI attorney in Cleveland Ohio, he has been practicing law from almost 25 years and he has been devoting his full attention to DUI / OVI cases from past 10 years.