Driving While Suspended

First and foremost, you will have the opportunity to negotiate with law enforcement prior to the hearing. If negotiations fail to achieve the resolution you desire, the next step is through a hearing in front of a District Court Judge. In that hearing your attorney will be tasked with showing the District Judge that either the law enforcement officer can’t be believed, or in some instances, even if he or she is believed, the conduct doesn’t rise to the level to allow you to be convicted of the offense.

Generally, it is much more likely that your attorney will be able to negotiate the resolution you desire than win in a hearing. Much of the evidence in a hearing of that nature is paper and date based. If they have the right paperwork, it is likely you will be found guilty unless there are unusual factual circumstances.

In the remaining cases, should you be found guilty of the offense after a hearing, you have the option of appealing the case to the Court of Common Pleas. At that hearing, the same basic situation applies. Your attorney will try to negotiate prior to the hearing, and if that fails, a hearing can be held.

The difference at that hearing is that your attorney will negotiate with a member of the District Attorney’s Office and the hearing, if necessary, will be before a Common Pleas Court Judge. The bottom line is that, although an attorney can never make any promises, there are a number of opportunities to acquire a desired resolution of the case. And, in many cases a positive outcome is actually likely so long as you are not a habitual offender.

Even though a Driving While Suspended charge is often viewed as a relatively minor offense, it can get more difficult if you have a record which indicates you’ve done this type of thing before. For example, if a law enforcement officer sees that you have been charged with Driving While Suspended numerous times, it may lead him or her to conclude you haven’t learned your lesson. In those situations it is much less likely they will be willing to resolve the case through negotiation.