Driving under suspension-emergency situation (insurance, crime, lawyer)

[lserhan]

On approximately May 10th my fiancee was taken to the hospital via the ambulance services because of chest pains. On April 20th I had lost my license because of a DWI via the ALR hearing. I didn't get sentenced officially until May 12th (at that time I lost my license for a year and got 2 days jail time). Nobody offered to let me ride with him to the hospital and after making several calls to try and find a ride, but having no luck, I drove myself out to the hospital. I made it out there okay, but when they said that he wouldn't be released until at least 8am the next morning, I ended up driving myself home. On the way home, an officer randomly pulled my plates and saw that my license was suspended and he pulled me over. I explained the circumstances and he obviously verified my story and ended up writing me a ticket and towing my vehicle but he did not arrest me. In fact, he gave me a ride home. What can I expect to happen in this situation. I have not been driving, but I did get SR22 insurance in case I can get approved for a work permit. I'm still waiting to see if my job will cover me under their insurance. What kind of jail time and fine should I expect? Will they take my license for another year? I am on probation for 9 months for the DWI. I got that along with the 2 days.

[pheaton]

Like anything, it depends on how harsh they want to be. The judge will of course probably wonder why you couldn't call a cab or take the bus, or why nobody was willing to drive you, or why you could not ride in the ambulance. The judge might assume that your friends and family are aware of your suspension and would be willing to drive you under the circumstances. Also that if you were to mention to the paramedics that you can't drive yourself becaues you don't have a valid license, they would probably let you ride.

If you simply were not home at the time, the judge may ask you how you ultimately got home and why you didn't use that method to get to the hospital. You also have to remember that the judge will probably assume that this is not the first time you've driven without a valid license. Even though this is the first time you got ticketed, they usually work off the assumption that a person will break the law many times before they get caught. They also work under the mindset that operating a vehicle is a privilage and not a right.

Driving with a suspended license in Nebraska is a Class II misdemeanor which comes with maximum penalties of 6 months imprisonment, or $1,000.00 fine or both.

You may be able to lower it to a Class III misdemeanor. If that is the case than the maximum penalties for this is 3 months imprisonment, or $500.00 fine or both.

In addition to these penalties, they can of course increase the term of your suspension or add in probation time.

[laurenomaha25]

I recently got pulled for turning in the farthest lane instead of the closest lane and was under a suspended license for a DUI. I had completed everything and my probation was almost over. I got my license back a week after and spent a day in jail because there was a warrant out for my arrest because I violated my probation-I turned myself in the next day after I found out. Both my lawyer and probation officer said I can mostly likely expect a hefty fine and maybe 30-60 days more probation. Is this what I can expect?

[pheaton]

Help me with the time table here. .

So sometime ago you got a DUI and got your license suspended and got probation.

During your suspension and probation you got pulled over for the lane violation? This got you a ticket for driving with a suspended license which ended up getting you a day in jail for probation violation?

If this is the case. If you have a good lawyer you will probably be fined and get some more probation. Depending on the mood of the judge you might get your license taken away for longer. I would think that a deal with the county attorney could take jail or house arrest off the table, but without a deal those are also options.

[Gunluvver2]

Originally Posted by lserhan

On approximately May 10th my fiancee was taken to the hospital via the ambulance services because of chest pains. On April 20th I had lost my license because of a DWI via the ALR hearing. I didn't get sentenced officially until May 12th (at that time I lost my license for a year and got 2 days jail time). Nobody offered to let me ride with him to the hospital and after making several calls to try and find a ride, but having no luck, I drove myself out to the hospital. I made it out there okay, but when they said that he wouldn't be released until at least 8am the next morning, I ended up driving myself home. On the way home, an officer randomly pulled my plates and saw that my license was suspended and he pulled me over. I explained the circumstances and he obviously verified my story and ended up writing me a ticket and towing my vehicle but he did not arrest me. In fact, he gave me a ride home. What can I expect to happen in this situation. I have not been driving, but I did get SR22 insurance in case I can get approved for a work permit. I'm still waiting to see if my job will cover me under their insurance. What kind of jail time and fine should I expect? Will they take my license for another year? I am on probation for 9 months for the DWI. I got that along with the 2 days.

*************************************************
A Judge might consider your driving to the hospital an emergency situation and be lenient with you on that. However driving from the hospital to return home will probably be seen totally different. An emergency did not exist at that time. You could have had some other licensed driver drive you home, take a taxi etc. A talk with an attorney might be wise.

GL2

[mattpoulsen]

Talk to an attorney. They might be able to persuade the prosecutor to either drop charges or at least reduce them. Your fate is usually determined not by the judge but by the prosecutor. So, if the circumstances are in fact as you explained them you appear to be a somewhat sympathetic offender. You will need to get an attorney though. I would not suggest just trying to go in and throw yourself at the mercy of the court.

[Ziasforever]

Originally Posted by lserhan

I ended up driving myself home. On the way home, an officer randomly pulled my plates and saw that my license was suspended and he pulled me over.

Wow! There must be absolutely no crime in Nebraska if the cops have time to 'randomly' pull your plates to see if your driver's license was suspended.

What if someone else was driving your car with a valid license? Would the cops have pulled him over and gave him the third degree?

[mattpoulsen]

actually have my doubts that the person was randomly pulled over because their driver's license was suspended. That doesn't seem to track and I'm not sure if police even have that capability (but I may very well be wrong). As the previous poster noted, what if another family member was driving your vehicle. The suspension of your license does not equal suspension of your vehicle. More likely they pulled you over for some other reason and then ran your name and discovered you had a suspended license. I'd be interested in the precise order of things as that might actually bear on your whether or not you have a case.

[Michael0603]

Originally Posted by mattpoulsen

actually have my doubts that the person was randomly pulled over because their driver's license was suspended. That doesn't seem to track and I'm not sure if police even have that capability (but I may very well be wrong).

They don't. They can run the plates and check for the vehicles status (i.e. Stolen, updated registration, etc.) The officer would have had to of had a reason to pull the driver over and, at that point, run her information.

Either way, driving under suspension is bad news. From everything I have heard, it's quite an irritant to the courts and they don't usually cut any breaks for that one.

[Ziasforever]

I tend to think Matt is right. There's more to the story.