Q: Charged with driving on suspended license without being caught driving.
I recently gave someone a ride to a store, and they shoplifted. I dropped them off at another location. After returning to a house where I was staying, the police showed up and arrested me for driving on a suspended license. I was not aware my license was suspended until after the arrest. The officers asked for my ID when they arrived, which is how they discovered the suspension. How can they charge me for driving on a suspended license when they didn't catch me driving, and I was unaware it was suspended?
A: It is your responsibility to keep your address updated at the Secretary of State's office. A big reason people do not know about things is because their address was not updated when they moved.
A: They can prove by circumstantial evidence that you were driving from a video, witness, etc, that may be able to prove you were driving. You have to see their evidence to see if they have that type of evidence. They don't have to see you driving to give a suspended ticket. As for the suspension, go to the SOS-DMv facility and obtain a COURT PURPOSE driving record and inquire why you are suspended and what you need to do to remove it.
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A:
It sounds like you're facing a confusing situation. Generally, for a charge of driving on a suspended license, law enforcement would need to catch you driving while your license is suspended. However, the charge might still be valid if the police believe you were operating the vehicle, even if they didn’t see you driving at the time of your arrest. If they had reason to believe you were driving when they arrived, such as seeing your vehicle or other circumstances, that could be enough to support the charge.
The fact that you weren’t aware your license was suspended could be a point of defense, but it doesn't necessarily invalidate the charge. Lack of knowledge about the suspension is not usually a legal excuse for driving on a suspended license. However, it may help mitigate the situation if you can demonstrate you were unaware of the status of your license and had no intention to violate the law.
It’s important to discuss this with an attorney, who can help you understand whether there are any legal defenses or options for challenging the charge. They can also assist in showing that you were not driving at the time the officers arrived, which could affect the outcome of the case.
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