Subsequent Driving on Suspended License and Out-of-State Hold

[Gemmabel]

So I’m asking on behalf of my boyfriend, and it’s a long story, so I’ll try to cut to the chase…

Not sure when it happened, I would guess about 5 years ago, my boyfriend was arrested for driving under the influence in New York (he was sitting in a parked vehicle under the influence of drugs, not driving). Anyway, he was ordered to meet with the judge on a monthly basis to check on his “progress” or something, but never received sentencing.

At this point he was living in Michigan, so he went to New York three times to meet with the judge, just to return home still not sure of what his punishment would be. The fourth time he went to New York, he drove out to NJ the day before, stayed in a hotel, then drove to NY to meet with the judge the following morning but got caught in traffic on the bridge and was an hour late for his meeting so the judge wouldn’t see him and his lawyer told him to come back the following week. He had already spent $200 in gas plus paid for a hotel and was working in Michigan, so he couldn’t simply come back the following week so he just never went back to take care of things and they put a hold on his license.

Since all that happened, he’s been caught driving on more than one occasion and was just caught again a week or so ago, which is his third offense. The last time (second time) he was caught they impounded his car and arrested him. This time the officer let him go but he needed to appear in court to be sentenced. He plead not guilty so he could avoid going to jail that day (he’s a stay-at-home-dad for our two small children while I work full-time) and is awaiting to find out his trial date. He plans on getting a lawyer who specializes in traffic law.

I’m wondering if anyone can give me ideas on the possible punishment. How likely is jail time since this is his third offense and how much? Do you think they would let him do some kind of work-release so he could still be with the kids during the day and just serve his time evenings/weekends? I really can’t afford to be raped by daycare, don’t have family nearby, and don’t qualify for child care assistance!

Also, even though his license is suspended and probably will be for a while, how easy will it be for him to clear up his old violation in NY? Is it likely that he’ll just need to pay fines and wait out the suspension period, or will he possibly face jail time for failure to appear? (so much for cutting to the chase!)

Any info appreciated. Thanks!

[retdetsgt]

First, he needs to quit driving a car. Hard to have sympathy for someone who continues to drive when they know they're suspended.

He needs to get a NY lawyer who also specializes in traffic matters and talk to him. He definitely needs an attorney to get him through this mess he's created.

As far as serving time for suspended, that not only depends on the state, but sometimes the area of the state, the amount of jail space available, etc. Again, only a lawyer can help him in this.

In the meantime, tell him to grow up and hang up the car keys or he will end up in jail.

[Gemmabel]

Thanks for the response. I agree, he needs to grow up and take care of this stuff or it will haunt him (and me and our children) forever. He doesn't do a lot of driving, no joy riding or anything, he really only drives when he has to, for instance, to and from his court-ordered class once a week, or to the plasma center to sell plasma so he has money to pay for his weekly court-ordered class.

[retdetsgt]

Suspended licenses have no provision for selling plasma. He will only make it worse if he continues to drive.

[mcsap]

This all started with a DUI. You dont have to be driving a moving car for a DUI , just at the controls. It's called actual physical control. I got a lawyer for it years ago.

In PA , first time DUI suspender gets 60 days and a $500 fine , plus a longer suspension is added. Subsequent offenses are 90 days and $1,000.

He chose to move out of state and therefore make it more difficult to handle his problem. NOW he will spend a ton of money on fines / attorney fees and I would be shocked if he doesn't get jail time. We have a provision for a " bread and butter " license for first offense DUI's but not if they get caught driving under suspension first.

[Gemmabel]

He didn't really choose to move out of state, he's always been a Michigan resident but was in New York for an internship for Michigan State University, so once the internship was over he returned to Michigan to complete his degree.

I'm not saying he shouldn't be punished for making idiotic decisions, of course he should, otherwise he'll never learn. I'm just curious since the consequences will affect me and our kids and I want to be as prepared as I can be.

[mcsap]

If you can believe a lawyer....the 3rd offense can result in the forfeiture of the car he was driving.

Driving While Under DUI Suspension or Without Insurance

Also look at...

Michigan has tough penalties for driving on a suspended license. If the driver's license has been revoked or suspended, this is considered a misdemeanor. Penalties are jail time of up to 93 days, or a fine of up to $500, or possibly a fine and jail time. In most cases, courts in Michigan will not order for imprisonment on the first offense for driving under a suspended license. The driver is not so lucky the second time because he or she could get imprisoned for up to a year and fined up to $1,000. Generally, however, drivers are only reprimanded and fined to prevent overcrowding on state prisons. The threat of jail time is used to further deter motorists with suspended or revoked licenses.

Possible Felony
There are more serious consequences to driving on a suspended license when the driver gets involved in a car accident. He or she could be facing felony charges with up to five years in prison with fines of up to 5,000 if no one got killed in the accident. If a person dies in that accident, the driver with the suspended license can spend up to 15 years in jail and a fine of up to $10,000 plus court costs.