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Driving while suspended
Anonymous7 views6 answers
Can I take a driving while suspended case to trial? Or is that automatically assumed guilty? My license was suspended but I have court a week before I can reinstate the judge granted continuance on his own so I cannot ask for another one before going back to court. Can I delay the case by attempting to go to trial in municipal court or am I just guilty as is?
You really need to hire a lawyer, they can probably keep this off your record. Going to trial is not a good idea because the issue is not whether you have a licence now, but whether you were suspended at the time you were cited. If you were, then you would be found guilty. This is a 12 point ticket that will result in another year suspension. You can probably avoid all of that by hiring a lawyer. Hope that's helpful
If you have been charged with a jailable offense you have the right to a jury trial. Do you want to have a jury trial is the real question. I think you should speak to an attorney immediately. They may be able to get you the continuance you need to get a valid license, and possibly help you avoid the mistake of trying a driving under suspension case.
You can take it to trial and the prosecutor has the burden to prove the case, but as you seem to realize, that probably is not going to be difficult and your chances of winning are likely slim at best. If you are convicted, you are looking at least a 1 year revocation. Get an attorney who can hopefully get a continuance while you get your license and get the charge reduced to a lower point violation.
A suspended license is a 12 point ticket in Mo if convicted in addition it can be a jail sentence. Getting a lawyer would be wise. If you need help find an attorney who does traffic cases in your area.
You're not guilty "as is" although winning a driving while revoked is not usually difficult to prove by a prosecutor. Some prosecutors will work with you if you are close to getting your license back. Otherwise you will need to hire an attorney.
You benefit from hiring a lawyer. I recognize some people don't want to hire a lawyer because they think they can resolve the case on their own, they want to save money, or they may be afraid of hiring a lawyer. From what you shared, it doesn't seem that you are interested in trying your case, but rather working out a plea bargain offer and you need more time which you believe that you are not going to get from the judge on your own. Please contact me. I regularly handle cases in Columbia and the surrounding communities.
