Arrest, Search, Seizure, Warrant First time arrested, Suspended License

Status
Not open for further replies.

djk1

New Member
Hi, I've been searching the forums looking for similar cases. It seems that driving with a suspended license is not a minor and can be sentenced relatively harshly.

The background of my arrest is as follows: I was pulled over for not wearing a seatbelt last month and upon checking my license it came back as suspended. I was arrested on the spot but the police were nice enough to park my car for me, I was just moving it down the block for alternate side of the street parking. Between the holding cell at the local precinct and the hub holding facility and finally the night in central booking, I ended up spending about 24 hours in jail from the time of my arrest till the time I saw a judge. A public defender was assigned to my case and I was in front of the judge for about 5 minutes total. I was charged with Aggravated Unlicensed Operation(I believe in the 3rd degree). The prosecutor asked for a $500 fine and 7 days in jail, I was told by the public defender that I would need to retain my own attorney. A court date was set 6 weeks from then and I was let out the front door.

I have no criminal record and this is my first time being arrested. Apparently my license was suspended for failure to pay more than one summons, none of which were moving violations, I believe it was two seatbelt summons and one cell phone summons on two dates. My only possible defense is that I had been moving to the city the past month and in all the packing chaos the tickets just got buried in shipping boxes. If I had known that my license was suspended I would have never been driving. I have read that ignorance of the law is not a valid argument, and I'm expected to know that failure to pay the summons in time would have resulted in a suspended license. Had I received a notice in the mail notifying me definitively that my license was suspended I would have never been driving.

My main question is about the jail time. I'm quite sure that I'll be found guilty of the charge, I was in fact driving with a suspended license even though I was never formally notified about the suspension. Considering my clean record, how likely is it that I'll need to return to jail for 6 more days? Is probation more likely? Do I have any chance at all not to get a misdemeanor conviction out of this arrest?

I'm in the process of looking for a reasonably priced attorney in Manhattan, if anyone can recommend one I'd appreciate it. I was also wondering if its possible to take this case to court earlier than the court date given me. If I absolutely need to serve days in jail, it would be far better to do so as soon as possible.

Any help or advice regarding this situation would be greatly appreciated, Thanks in advance.
 
Status
Not open for further replies.
Back
Top