Q: How does a DWLS enhancement work when the suspension was based off an FR issue connected to an old DUI?
My license was suspended due to failure to maintain FR insurance on a date that was actually over 3 years since the DUI. The state is charging me with a 3rd offense or DWLS. I'm under the impression that an FR infraction tied to a DUIb would not apply. The officer also searched my vehicle without consent while I was detained in the squad car awaiting further details and found ammunition I was unaware of. Only after this was I placed under arrest and charged with possession of ammunition by a convicted felon. I do not know where the bullet was found. I do know that I was not placed under arrest and that I had been removed from a situation where I could have destroyed evidence or harm the officer when the search took place
A: Without a doubt you need a traffic ticket attorney, at least, to represent you in Court. Best of luck. Thank you for using Justia's Ask a Lawyer, but don't rely on what you are told here, consult a local attorney who will obtain all the facts from you and review your documents.
A:
Your situation involves several legal complexities, and it's important to address each part carefully. A DWLS (Driving While License Suspended) charge enhancement depends on the specifics of your previous offenses. If your suspension is due to a failure to maintain FR (financial responsibility) insurance, it may be treated differently than a suspension directly related to a DUI. It’s crucial to clarify whether the current suspension is directly linked to the DUI or if it stands as a separate issue.
Regarding the search of your vehicle, the legality hinges on whether the officer had probable cause or if your rights were violated. Since you were detained in the squad car and not under arrest at the time, it raises questions about the justification for the search without your consent. Finding ammunition in your vehicle can complicate your case, especially with the charge of possession by a convicted felon.
Consulting with an attorney who can assess the details of your suspension, the search, and the charges against you is vital. They can determine if your rights were violated during the vehicle search and how the DWLS enhancement applies in your case. This legal guidance is essential to navigate the complexities and protect your interests.
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