In South Carolina, driving under suspension is more than just a ticket. Any conviction will automatically add additional suspension time onto your driver’s license. In most cases, that additional suspension is six months. Even if you were close to being eligible to reinstate your license, a conviction can push that date far into the future. If you are convicted the court or police officer has no control over the license penalties which will be automatically imposed by the DMV.
The Law Office of James R. Snell, Jr., LLC, has over 20 years of experience in representing clients charged with driving under suspension or other violations in area courts, including the City of Columbia Municipal Court, or the Lexington County Traffic Court. We are able to assist clients with misdemeanor or felony criminal defense throughout South Carolina.
How Driving Under Suspension Penalties Escalate
One of the most dangerous aspects of driving under suspension charges is how quickly penalties escalate with repeat violations. Court penalties increase with each conviction. A first offense can carry a fine or up to 30 days in jail. A second offense can involve a higher fine and up to 60 days in jail. A third or subsequent offense can involve an even higher fine and up to 90 days in jail.
Beyond the court sentence, the impact on your license status can be severe. Three convictions for driving under suspension within a three year period will result in a habitual offender designation. This designation suspends your license for several years at a minimum and can make future restoration far more complicated.
It is also important to understand that convictions for other serious traffic offenses can count toward that three conviction threshold. DUI, hit and run, failure to stop for a blue light, and reckless driving can all be counted when determining habitual offender status.
Habitual Offender Charges Can Be a Felony
If someone is charged as a habitual offender, the consequences become even more serious. Habitual offender violations are felony charges in South Carolina and carry a potential sentence of up to five years in prison. In some cases, a person can be charged with both driving under suspension and a habitual offender violation at the same time.
Penalties can also be significantly harsher if the underlying suspension was caused by a DUI conviction. These cases are treated more seriously by prosecutors and courts, and the risk of jail time is often much higher.
Why Having a Lawyer Often Makes Sense
In many driving under suspension cases, the prosecutor is not a lawyer from the solicitor’s office. Instead, it is often the police officer who wrote the ticket or made the arrest. In some situations, that officer may agree to dismiss the charge if the driver is able to reinstate their license before court.
A lawyer can help determine whether reinstatement is possible, how quickly it can be done, and whether there are defenses or negotiated outcomes available. This can include reviewing the reason for the suspension, identifying administrative errors, or working toward a resolution that avoids a conviction altogether.
Because a conviction automatically adds more suspension time and can move someone closer to habitual offender status, avoiding a conviction is often the most important goal. Even one additional conviction can dramatically change the timeline for getting back on the road.
Is a Lawyer Required?
You are not legally required to hire a lawyer for a driving under suspension ticket. However, in most situations, retaining a lawyer is a smart decision. The long term consequences of a conviction often outweigh the short term cost of legal representation. What seems like a small case today can create years of license problems or even expose someone to felony charges down the road.
Final Thoughts
Driving under suspension cases are often more serious than they appear at first glance. The penalties escalate quickly, license consequences are automatic, and repeat offenses can lead to jail time or felony charges. Having a lawyer review the situation and explore possible defenses or negotiated outcomes can make a significant difference in protecting your ability to drive in the future.
All cases are unique. Prior results obtained by an attorney in one matter do not indicate similar results can be obtained for other clients in other matters.
If you are facing a driving under suspension charge in South Carolina and want to understand your options, call (803) 359-3301. Same day appointments are typically available.