The best defense that a driver has in traffic court to a driving while suspended charge is that they did not have sufficient notice that they were suspended. Many drivers simply are not aware that they are driving while on the suspended list.

The DMV must provide fair and adequate notice to all licensed drivers of any proposed suspension of their license. The DMV cannot arbitrarily suspend a driver’s license without providing sufficient notice to all drivers. A good lawyer will always argue lack of sufficient notice as a defense to all driving while suspended cases. The prosecutor will have to produce certified mail receipts that the driver received notice of the suspension. Quite often, the prosecutor will be too busy, or he will not be prepared. At this stage the prosecutor offers downgrades from a driving while suspended charge, to an unlicensed driver charge. In an unlicensed driving charge, the driver most often will not lose their license.

In an administrative suspension, the best type of defense is to focus on notice issues. In this type of case, the prosecutor must prove that the DMV issued a;

• Notice of scheduled suspension;
• Proof of mailing;
• Order of suspension;
• Proof of mailing order; and a
• Certified motor vehicle abstract.

A prosecutor must also have a certified abstract of a driver to convict him of driving while suspended in an administrative case. Quite often, the prosecutor will not be prepared, and they will not have the driver’s abstract. This can be a very good opportunity to have the charge downgraded to an unlicensed driver charge.