Matthew McLaren provides dedicated legal representation throughout the greater New Orleans area.

Blog

Legal Blog & Firm News

My License is Suspended, What Do I Do?

When a driver's license is suspended, it can be a daunting situation filled with questions and uncertainty. Understanding the reasons behind the suspension is essential to take the right steps toward reinstatement. To begin the process of getting back on the road, one must familiarize themselves with state-specific requirements and any conditions that need to be met.

Determining the cause of the suspension plays a critical role in resolving the issue. Suspensions can result from accumulating too many points from traffic violations, driving under the influence, or other reasons.

Navigating this path requires a structured approach. Check with the local Department of Motor Vehicles or relevant agency to confirm the status of the license and follow guidelines for reinstatement. While waiting, exploring transportation alternatives or applying for a restricted license might be necessary to maintain mobility during this time.

AdobeStock_226042317.jpeg

Understanding License Suspension

License suspensions occur due to various violations, impacting individuals' ability to drive legally. It's essential to recognize the distinctions among suspension types and understand the common reasons they happen.

Types of Suspensions

License suspensions can be classified into administrative, mandatory, and judgment-related categories. Administrative suspensions typically result from offenses like driving without insurance or a failure to appear in court. Mandatory suspensions occur when someone is convicted of offenses such as DUI, leading to automatic suspension.

Judgment-related suspensions are imposed when traffic violations accumulate, reaching a certain number of points. In states like Kentucky, accumulating 12 points over two years results in a suspension. Each state has specific thresholds, and understanding these can help prevent unnecessary suspensions.

Common Causes of Suspension

Several factors can lead to a suspended license. The most common reason we see is people receiving a ticket and failing to appear in court or pay the ticket. If you received a ticket and you failed to appear and handle that matter, your license will be flagged for suspension, and you will need to show the DMV that you went to court and either resolved the ticket or got a new court date to resolve the ticket. If you received a ticket and went to court and handled the ticket but never paid your fine, your license will be suspended again until you handle that matter. You will need to show the DMV that you either paid the ticket or have a payment plan to pay the ticket.

Remember that often when you miss court, a contempt fee is often added to your case for your failure to appear. Hiring an attorney is beneficial because sometimes the lawyer may be able to get some of that contempt fee waived which will lower the amount you owe to the court. Also, depending on when the ticket was given and whether you ever appeared, sometimes very old tickets can be dismissed for being past the statute of limitations to prosecute the ticket.

Crimes that result in suspension in Louisiana include:

  • Driving without insurance

  • Driving under the influence

  • Manslaughter or vehicular homicide

  • Reckless driving

  • Negligent homicide resulting from a vehicle

  • Failure to stop at the scene of an accident if you caused injury or death to someone

Each of these actions can result in a suspended license, which can affect an individual's ability to commute and work. Understanding these causes is crucial for taking preventive measures and ensuring compliance with traffic regulations.

Navigating the Department of Motor Vehicles

When facing a license suspension, effectively dealing with the Department of Motor Vehicles (DMV) is crucial. This involves understanding how to contact your state DMV efficiently and accessing your driving record for an accurate overview of the suspension status and requisite actions.

Many DMVs have specific departments handling license suspensions. Inquire directly for more accurate assistance. Be prepared to provide identification details, such as your driver's license number, to facilitate the process. While some inquiries might be resolvable online or over the phone, others may require an in-person visit. Scheduling an appointment beforehand can save time and ensure assistance from the appropriate division.

Accessing Your Driving Record

Your driving record provides critical insights into the status of your license and potential reasons for suspension. Most state DMVs allow individuals to access their driving record online through their official portals. You'll often need to create an account or use a secured login to view this information.

Driving records typically include points accrued from traffic violations, accidents, and any resulting license actions. Review this data carefully to identify any discrepancies and understand the conditions of your suspension. If errors are found, contact the DMV promptly for rectification. Access to your driving record is essential for preparing any appeals or fulfilling reinstatement requirements.

Legal Obligations and Compliance

When a driver's license is suspended, compliance with legal obligations is crucial to avoid further penalties. Addressing traffic tickets and fines, handling DUI or DWI convictions, and ensuring child support compliance are key areas requiring attention.

Addressing Traffic Tickets and Fines

Unpaid traffic tickets and fines can lead to a suspended license. It is essential to resolve these promptly to reinstate driving privileges. Steps to take include contacting the court listed on the ticket to settle fines or arrange payment plans. Failure to address these issues may result in extended suspensions or additional penalties. In some cases, a failure to appear in court can further complicate matters, necessitating additional legal actions, so prompt resolution is advised.

Dealing with DUI or DWI Convictions

A DUI or DWI conviction usually results in a suspended license. Legal compliance often involves fulfilling court-mandated requirements such as educational programs, community service, or probation. Reinstating the license may require an SR-22 form, which confirms adequate insurance coverage. Penalties can include higher fines and, in severe cases, imprisonment. Consulting with a legal professional can provide guidance tailored to specific situations and help navigate the complexities of DUI-related suspensions.

Child Support and Compliance

Non-compliance with child support payments can also lead to license suspension. Maintaining communication with the state’s child support enforcement agency is vital. Individuals should negotiate payment arrangements or explore modification requests if circumstances change. Demonstrating compliance or a genuine effort to meet obligations can sometimes expedite the reinstatement process. Proactive engagement with the relevant authorities ensures that the issue does not lead to further complications or prolonged suspensions.

Steps to Regain Driving Privileges

Regaining driving privileges often requires fulfilling specific requirements set by local authorities. Key steps include paying reinstatement fees, completing any mandatory courses, and filing necessary insurance forms such as the SR-22 or FR-44.

Paying Reinstatement Fees

When attempting to reinstate a suspended license, paying the reinstatement fee is often one of the first steps. These fees vary depending on the state and the reason for suspension. Some states may require multiple payments if multiple infractions occurred. Organizing payments promptly is crucial to avoid additional penalties. It's beneficial to check with the local Department of Motor Vehicles (DMV) for exact figures and payment methods. Ensuring all payments are completed can expedite the driving privileges restoration process, allowing individuals to move forward without delay.

Completing Required Courses

Another common requirement is completing a defensive driving course or traffic school. This is particularly important for those whose license was suspended due to traffic violations or points accumulation. The course content covers crucial driving safety principles and helps improve driver awareness. Each state has its guidelines on what courses must be taken, so verifying with local authorities is essential. Completion of a recognized course not only assists in regaining driving privileges but also promotes more responsible driving behavior, potentially preventing future suspensions.

Filing an SR-22 or FR-44 Form

In many cases, an individual may need to file an SR-22 or FR-44 form with their insurance provider. These forms serve as proof that the driver has the necessary liability insurance coverage. The SR-22 is common for various violations, while the FR-44 may be required for more severe infractions like DUIs. Both are typically required to be maintained for a specified period, as dictated by state law. Ensuring timely and accurate filing is critical to reinstating the license and legally returning to the road. Consulting with insurance agents can provide guidance on navigating this process effectively.

Options for Restricted or Conditional Licenses

When a driver's license is suspended, exploring options like a hardship or restricted license can be crucial. Understanding these licenses, including the application process and terms, helps navigate the challenges posed by a suspension. These licenses often provide limited driving privileges essential for daily responsibilities.

Applying for a Hardship License

A hardship license is designed to enable individuals to drive for essential purposes despite a suspended license. The application process usually requires demonstrating the necessity for driving, such as work, school, or medical appointments. Applicants often need to present documentation supporting their claim, such as employment details or medical records.

Applicants should contact the local Department of Motor Vehicles (DMV) for specific requirements and procedures. Some states require completion of alcohol or drug intervention programs before applying. It's wise to check for any restrictions on driving hours and destinations. An individual's insurance company may need to be notified about holding a hardship license, which could impact policy terms or premiums.

Final Thoughts

Remember, NEVER plead guilty or pay a driving on suspended license ticket without consulting a lawyer. Call us today to help you! We can keep you on the road and out of jail. Tickets may not seem too important but remember they can have serious consequences. We can help you steer clear of long-lasting problems. Remember…When No One’s Carin’ Call McLaren! 504-300-8338!