Keeping Your Driver's License
The suspension of a driver’s license is a common consequence when you're convicted for certain driving offenses. Losing your license can disrupt your daily life, affecting your ability to work, attend school, or fulfill family obligations. Our criminal defense attorney at the Law Offices of James Crosby understands how critical it is to keep your driver’s license, regardless of what you’re being accused of.
Fortunately, there may be a way to save your driving privileges and get back on the road as soon as possible. Interested to know how? Our attorney can help. Call our office and schedule a free consultation to get personalized guidance.
When Can You Lose Your Driver’s License in Pennsylvania?
Generally, the Pennsylvania Vehicle Code requires suspension of the driver’s license for committing offenses related to the use of a motor vehicle. However, not all driving-related offenses automatically result in the loss of driving privileges. The list of violations that may cause you to have your driving privileges suspended include, but are not limited to:
Felony involving a vehicle
Causing death or serious injury with a vehicle
Accident while driving without a valid license
Felony involving a vehicle
Driving a stolen vehicle
Reckless driving
Careless driving
Highway racing
Evading arrest
Driving under suspension
Under certain circumstances, you may be able to keep your driving privileges if you know what steps to take and you act quickly. An experienced attorney can help.
Criminal Court Proceedings vs. Administrative Hearing with the DMV
When you receive a traffic violation in Pennsylvania, you may face two types of proceedings: criminal court proceedings or an administrative hearing with the DMV.
Criminal court proceedings: Criminal court proceedings occur when the legal system addresses the charges against you. You will appear before a judge who will determine your guilt or innocence based on the evidence presented. These proceedings can result in fines, penalties, or even jail time, depending on the severity of the violation.
Administrative hearing: An administrative hearing with the Department of Motor Vehicles (DMV) is separate from the criminal court proceedings. This hearing focuses solely on your driving privileges. The DMV reviews the circumstances of your violation and decides whether to suspend or revoke your license.
When it comes to keeping your driver’s license, administrative hearings play a considerable role. There are two possible outcomes of this hearing: (1) you get to keep your driver’s license if you successfully argue that the suspension or revocation isn't warranted based on the evidence or (2) the hearing officer suspends or revokes your license.
Strategies to Keep Your Driver's License at an Administrative Hearing
Implementing effective strategies can increase your chances of retaining your driver's license at the administrative hearing. Some possible strategies include:
Challenging the evidence: One of the most effective ways to defend your license is to challenge the evidence against you. Examine the details of the traffic stop or incident leading to the violation. Look for discrepancies or procedural errors that could weaken the DMV's case.
Presenting mitigating circumstances: Demonstrate any mitigating circumstances that may have contributed to the violation. For example, if you were speeding due to a medical emergency, provide medical records or a doctor's note. Demonstrating that the violation was an isolated incident can work in your favor.
Showing rehabilitation efforts: Show that you have taken steps to improve your driving habits. This could include completing a defensive driving course or attending traffic school. Evidence of rehabilitation can demonstrate your commitment to becoming a safer driver.
Highlighting the hardship of losing your license: Explain the personal and professional hardship you would face if your license were suspended or revoked. Provide details about how losing your license would affect your job, education, or family responsibilities. A compelling argument can highlight the broader impact of the decision.
Everyone’s situation is unique, which is why what might work for one person may not work for another. That is why you may benefit from having a skilled attorney review your specific circumstances and advise you on the strategies that could help you keep your driver’s license.
How Can an Attorney Help?
When your driving privileges are at risk, having an attorney by your side can make a positive difference in the outcome of your administrative hearing. At the Law Offices of James Crosby, some of the ways our attorney can help include:
Preparing you for the administrative hearing: Our attorney’s knowledge of traffic law allows them to help you identify the strengths and weaknesses of your case. They can anticipate the DMV's arguments and help you prepare effective counterarguments to protect your driving privileges.
Crafting a personalized defense strategy: Our attorney will strive to help you develop a personalized defense strategy tailored to your specific situation. By understanding the unique aspects of your case, they can help present the most compelling defense possible.
Provide representation at the hearing: Our attorney will advocate on your behalf at the hearing, present evidence to convince the hearing officer to keep your driver’s license, challenge the opposing side’s evidence, and make legal arguments to support your case.
Offer emotional support and guidance: The risk of losing your driving privilege can be a stressful time. Our attorney will strive to support you emotionally throughout the process so that this whole situation is less of a hassle for you.
Attending the hearing without legal counsel can put you at a disadvantage. If you truly care about keeping your driver’s license, don't leave your future to chance.
Don’t Want to Lose Your Driver’s License? We Can Help
Losing driving privileges can weigh heavily on any driver. You may no longer imagine your life without the ability to drive. How would you commute to and from work, drive your kids to school, or simply get around without a car? Well, that would certainly become problematic.
Fortunately, there may be a chance to keep your driver’s license and our attorney at Law Offices of James Crosby can explain the options that may be available in your specific case.
Our law firm is located in Murrysville, Pennsylvania, but we serve clients in the surrounding area, including Greensburg, Harrison City, Latrobe, and throughout Westmoreland County. Get in touch today to schedule your free consultation.