Driving on a revoked license in Missouri is a serious offense, and depending on the circumstances, it can even be charged as a felony. This comprehensive guide delves into the specifics of this crime, explaining the potential penalties, defenses, and steps to take if you're facing these charges. Understanding the intricacies of Missouri's driving laws is crucial to protecting your rights and future.
What Constitutes a Felony for Driving on a Revoked License in Missouri?
Missouri law distinguishes between misdemeanor and felony driving on a revoked license. The key differentiating factor is usually the number of prior offenses. A first offense is typically a misdemeanor, but subsequent violations, especially those involving aggravating circumstances like accidents or DUI, can elevate the charge to a felony. The specifics are complex and vary based on your individual history and the circumstances of the current offense.
How Many Prior Offenses Lead to a Felony?
There's no magic number of prior offenses that automatically results in a felony charge. The prosecutor will consider the totality of your driving record, including the nature and timing of previous offenses. Repeated violations, especially those involving driving while intoxicated (DWI) or causing accidents while driving on a revoked license, significantly increase the likelihood of felony charges. Each case is unique, and legal counsel is vital to understanding the specific risks involved.
What are the Penalties for a Felony Driving on a Revoked License in Missouri?
The penalties for a felony conviction for driving on a revoked license in Missouri are severe and can significantly impact your life. These penalties can include:
- Imprisonment: Significant jail time, potentially ranging from several months to several years, is a possibility.
- Fines: Substantial fines are typically levied, adding considerable financial burden.
- License Revocation: Your driver's license will be revoked for an extended period, potentially permanently.
- Increased Insurance Premiums: Your car insurance rates will likely skyrocket, making insurance unaffordable.
- Impact on Employment and Housing: A felony conviction can severely limit your employment and housing opportunities.
Can I Fight Felony Driving on a Revoked License Charges in Missouri?
Yes, it is possible to fight these charges. A skilled Missouri criminal defense attorney can explore various defense strategies, potentially including:
- Challenging the legality of the stop: If the police officer didn't have probable cause to pull you over, the evidence obtained might be inadmissible.
- Questioning the identification of the driver: If there's reasonable doubt about whether you were actually driving, the case might be weakened.
- Negotiating a plea bargain: In some cases, a plea bargain might lead to a reduced charge and lesser penalties.
What Happens if I'm Convicted of a Felony for Driving on a Revoked License in Missouri?
A felony conviction will have far-reaching and long-lasting consequences. It will appear on your criminal record, potentially affecting future opportunities for employment, housing, and even travel. It's crucial to seek legal representation immediately to understand your options and protect your rights.
What should I do if I am Pulled Over for Driving on a Revoked License in Missouri?
If pulled over while driving on a revoked license, remain calm and polite. Do not admit guilt or argue with the officer. Exercise your right to remain silent and request to speak with an attorney before answering any questions.
How long is my license revoked for a felony driving on a revoked license in Missouri?
The length of license revocation for a felony driving on a revoked license in Missouri varies depending on several factors, including the specifics of the case and the judge's discretion. It can range from several years to a lifetime revocation. The court will often order a period of suspension followed by a process of reinstatement that might involve various requirements such as completing driver improvement classes or installing an ignition interlock device.
What are the differences between driving on a suspended license and a revoked license in Missouri?
The key difference lies in the severity of the infraction leading to the license action. A suspended license is typically a temporary measure for lesser offenses, while a revoked license signifies more serious violations and often indicates a pattern of irresponsible driving behavior. Driving on a revoked license usually carries harsher penalties compared to driving on a suspended license. A revoked license means that driving privileges are completely taken away, whereas a suspended license indicates a temporary loss of driving privileges.
This information is for educational purposes only and should not be considered legal advice. If you are facing charges for driving on a revoked license in Missouri, it is imperative to seek the advice of a qualified attorney. They can help you navigate the legal complexities and protect your rights.