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Beating Philadelphia Driving While Suspended Charges
|Last Updated on: 6th December 2023, 11:03 pm
Fighting Back Against DWS Charges in Philly
Getting pulled over is never fun, but it’s especially stressful when you know your license has been suspended. Maybe you missed a court date or forgot to pay an old ticket—we all make mistakes, right? Still, in Philadelphia, driving with a suspended license (DWS) leads to some pretty harsh penalties. Just ask the over 20,000 drivers charged last year alone!
Luckily, with the right legal strategy, many of these DWS charges can be reduced or even dismissed. This article breaks down everything you need to know to fight back and regain your driving privileges ASAP.
The Charges: What You’re Up Against
In Pennsylvania, driving with a suspended license triggers a 1st, 2nd or 3rd-degree misdemeanor under Section 1543(a) of the Vehicle Code. The charges get more serious with each offense:
- 1st offense DWS is a summary offense with up to a $200 fine
- 2nd offense DWS jumps to a misdemeanor with up to a $1,000 fine and 6 months in jail
- 3rd offense DWS becomes a misdemeanor with up to a $2,500 fine and 6 months in jail
Yikes! Even first-timers can face license suspension for an additional year and pricey SR-22 insurance requirements. Multiple offenses, however, lead down an even rockier road filled with court costs, probation, license suspension and even the loss of driving privileges altogether.
Defenses That Work
Don’t panic yet! The reality is over half of DWS charges ultimately end up dismissed in Philadelphia. By understanding the system and common defenses, you can fight the case rather than accept punishment for an unfair or inaccurate charge.
Defense #1: Invalid Stop
If police lacked reasonable suspicion to pull you over, then any resulting charges can be tossed out. Without the initial traffic stop, there’s no evidence of DWS in the first place.
Defense #2: Mistaken Identity
Clerical errors and misidentification happen more than you’d think! If DMV records are inaccurate or police mixed you up with someone else, you shouldn’t pay the price.
Defense #3: Lack of Notice
Due process requires that drivers receive adequate notice of license suspension. If you never got the memo, it’s not right to punish you for driving unaware.
Defense #4: Emergency Situation
The “necessity defense” applies when breaking the law prevents greater harm. So if you drove while suspended to rush someone to the ER, for example, charges may not stick.
Defense #5: Not Actually Driving
Simply sitting behind the wheel with keys in the ignition does not mean you were “driving” a vehicle under the law. The prosecution has to prove you operated the vehicle.
As you can see, skilled DUI attorneys fight cases by picking apart the legal foundation underneath these charges. Technicalities matter when your license, money and freedom are all on the line!
Finding the Right Lawyer for Your DWS Case
Defense strategies are only as strong as the lawyer behind them. When stakes are high, you need an experienced traffic crimes attorney in your corner. Don’t leave your fate to an overworked public defender or a lawyer who dabbles in DUIs. Find someone who specializes in suspended license charges with a proven record of dismissals.
Look for these hallmarks of a great DWS lawyer:
- Decades defending DWS cases with deep knowledge of defenses
- Strong relationships with police, prosecutors, judges
- Access to DMV records to investigate your case
- Detailed understanding of penalties and driver’s license restoration
- Affordable legal fees and payment plans
A top-notch lawyer analyzes the arrest details, communicates with the DA, and constructs an airtight defense for your unique situation. This takes expertise that only comes from extensive time in the courtroom.
Arm yourself with a great lawyer and there’s no reason you can’t win—even against the tough DWS laws in Philly. Don’t wait to seek counsel if you’ve been charged and want to avoid fines, jail time and other penalties. The sooner you start strategizing your defense, the more options you’ll have. With a little luck and a good attorney, you can get these suspended license charges dismissed and be back on the road where you belong.
I hope this overview gives you confidence to fight back rather than pleading guilty to DWS charges. My team has turned around countless license suspension cases in Philadelphia and beyond. Reach out for a free consultation if you have any other questions