IN COURT SUSPENSION
Another way a driver can be suspended is by
a court ordered suspension. A municipal court judge often suspends a driver for
DWI, reckless driving, passing a school bus, etc. The most common municipal
court violations where a driver are suspended are for DWI, (7 months to a 1 year
suspension), driving without liability insurance (mandatory 1 year suspension),
possession of marijuana or paraphernalia, (6 months to a 2 year suspension).
Quite often drivers are desperate, and they
drive even when they receive a court ordered suspension. It is much more
difficult to defend a court ordered driving while suspended case, rather than a
driving while suspended on administrative grounds. Moreover, the courts
sentence drivers more harshly if they drive while suspended, pursuant to a
court ordered license suspension.
In
a court ordered driving while suspended cases, the prosecutor will only have to
introduce a certified abstract that establishes that the driver was suspended.
Obviously, this type of proof is must less stringent, than the proofs in an
administrative suspension.
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