Driving on a suspended or revoked license is punished as a class 1 misdemeanor. This means that punishment may include up to one year in jail and/or a fine of up to $2,500. Your license will also be suspended for the period it was originally suspended (or up to 90 days if the suspension was indefinite). If this is a third offense, there is a mandatory minimum sentence of 10 days in jail.
Hire an attorney to protect your rights! You are innocent until the Commonwealth proves you guilty. The Commonwealth must prove that there was articulable suspicion of criminal activity for the stop itself. In addition, to prove the elements of the crime, the Commonwealth must prove that 1) you were driving a motor vehicle, 2) your license was suspended or revoked, 3) and that you know that your license is suspended or revoked. It is important to have an attorney review your driving transcript to look for potential defenses.
There may be many reasons why your driver’s license was suspended. The underlying reason is not considered when determining guilt or innocence of the charge. However, the reason for the suspension, whether it is for failure to pay fines from a traffic ticket or an administrative suspension by the DMV plays a factor in the sentencing phase of the case.
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