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Understanding Driver’s License Suspension & Revocation
Facing driver’s license suspension and revocation can be daunting and complex. These penalties are often the result of serious infractions such as driving under the influence (DUI) or accumulating excessive traffic violations. The impact of losing your driving privileges extends beyond just a personal inconvenience—it can affect your employment, family responsibilities, and overall quality of life. That’s why understanding the nuances of a license suspension and revocation is critical.
The road to reinstating a driver’s license can be more complex, though. After a DUI, the consequences are particularly severe, with a suspension period and mandatory revocation being a common repercussion. A suspended license is not permanently lost but requires definite steps for reinstatement. Each situation demands a clear strategy to restore your driving rights and manage the underlying charges effectively.
We at the Benjamin Law Firm, LLC understand that daunting paperwork and complex legal procedures should be the least of your worries. Our experience lies in guiding clients through these troubled waters with confidence and professionalism. Whether it’s a suspension for unpaid traffic tickets or a revocation due to more serious offenses, we stand ready to defend your rights and aim for the best outcome, driven by our exceptional training at the Trial Lawyers College (TLC) and decades of hands-on experience.
Common Causes of License Suspension and Revocation
At the Benjamin Law Firm, LLC, we understand the complexities of driving laws and the severe consequences that can arise from violating them. Here, we outline the main reasons licenses are suspended or revoked:
- DUI/DWI Offenses: Driving under the influence (DUI) or driving while intoxicated (DWI) are leading causes of license suspension and revocation. In Missouri, the laws surrounding DUI/DWI are stringent, and the penalties can be harsh.
- Traffic Violations and Accumulation of Points: Missouri employs a point system to monitor traffic violations, where points are accrued on one’s driving record for offenses or violations committed, such as speeding, running a red light, and failure to yield. An accumulation of a certain number of points within a specific period can lead to license suspension.
- Refusing a Breathalyzer Test: Under the Implied Consent law, Missouri drivers are presumed to have consented to testing. When you refuse to take a test when requested by a law officer, your license will be suspended for 12 months in what’s known as “Chemical Revocation.”
- Non-Driving Related Reasons: There are non-driving related actions that can result in license suspensions and penalties. This includes failure to pay child support, failure to appear in court, underage drinking, and out-of-state convictions.
At every stage, our law firm stands steadfast in defending the rights and driving freedoms of our clients with the full weight of our collective experience behind every case.
The Impact of License Suspension and Revocation
When facing the suspension or revocation of a driver’s license, people often find their daily lives significantly disrupted. We at Benjamin Law Firm, LLC understand that the ability to drive is not just a convenience, but a necessity for many—aspects of everyday living, such as commuting to work, taking kids to school, and attending important medical appointments are compromised by a suspended driver’s license.
A suspended or revoked license directly affects employment. Many jobs require a valid driver’s license, not just for commuting but also for the execution of job duties. As experienced defense attorneys, we’ve seen the ripple effect of this loss: from missed work opportunities to strained personal relationships.
Long-term consequences can be just as daunting. Increased auto insurance premiums and a tarnished driving record can follow individuals for years, placing financial strain well beyond the immediate impact.
Our approach is to make sure our clients never have to face these repercussions. Our experience strategically positions us to defend their freedom and livelihood with the utmost determination and proficiency. As your advocates, we are primed to contest your license suspension with the full force of our collective experience and training. We know that while driving is a privilege, receiving justice is an absolute right.
Understanding Your Rights and Options
If you’re facing the daunting reality of a driver’s license suspension or revocation, it’s crucial to understand that you have rights and options.
After your license has been either suspended or revoked, you’re entitled to due process, which includes receiving notice and often a hearing before any action is finalized. The hearing is your opportunity to challenge the suspension or revocation of a license, and with our experienced attorneys by your side, you can ensure your voice is heard.
You are also entitled to retain legal representation to handle your license suspension case. Dealing with the complexity of motor vehicle laws can be overwhelming. It’s essential to have a tenacious legal team that is well-versed in this area of the law. Our team combines in-depth knowledge with extensive experience, equipping us to fight effectively for your driving privileges.
Should your license get suspended or revoked, you have the right to seek reinstatement when you become eligible. You can reinstate your license by:
- Paying a reinstatement fee: Costs can vary considerably.
- Submitting proof of insurance: Certain forms may be required, like the SR-22 after a DUI.
Each scenario requires a unique approach, and having us by your side means navigating the path toward Missouri license reinstatement with clarity and precision. Remember, we are trained with the best, so you can rest assured that we’re prepared for anything the defense of your rights might require.
Steps to Challenge Suspension or Revocation
If you’re facing a driver’s license suspension or revocation, you may be wondering, “How do I get my license back?“
The first step is to understand the reason behind the action. You should have received a notice explaining the grounds for the suspension or the administrative license revocation already. You should also find the steps you can take to challenge the decision of the Department of Revenue (DOR) to suspend your license.
The next steps to follow depend on the reasons for your license suspension. Generally, you will be able to request a hearing by the DOR to challenge an administrative suspension. However, for a chemical suspension, you can only appeal the suspension decision by filing a petition for review with the county’s circuit or associate circuit court.
To request a hearing, you must complete and file the “Request for Administrative Hearing” form with the DOR within 15 days of receiving the suspension notice. The hearing can be in-person or by telephone, a choice you must indicate on your request form.
In the hearing, the DOR must prove the following three elements:
- You were placed under arrest,
- The arresting officer had probable cause to believe you were intoxicated while driving, and
- Your blood or breath test yielded a BAC of .08% or higher.
The DOR does not have to prove any elements of criminal activity to suspend your license. These issues will be addressed in a separate criminal case.
If you receive an adverse decision or you want to challenge a chemical revocation, you can proceed with an appeal with a circuit court.
At the Benjamin Law Firm, LLC, we bring our formidable experience to assist in navigating your hearing or appeal effectively. With decades of experience representing clients across Missouri, we are prepared to advocate tenaciously on your behalf.
Here’s how we can help you:
Representation at Hearings
We offer committed representation at hearings, ensuring that your arguments are articulated compellingly and backed by robust evidence and legal strategies tailored to your situation.
Building a Strong Defense
Our approach involves meticulously building a defense to bolster your chance of a favorable outcome, drawing from our vast knowledge of DWI defense and driver’s license hearings.
Appeal Assistance
Should the hearing result in a decision to sustain the suspension or revocation, we can guide you through the appeal process.
By following these steps and with our adept legal support, you may be able to reclaim your driving privileges and restore your peace of mind.
Reinstating Your Driver’s License
In Missouri, when your driving privileges are suspended or your license revoked, navigating the path to reinstatement can be daunting. We understand the importance of having a valid driver’s license, and we’re here to help you through the process, providing a strong defense when necessary.
General Requirements for Reinstatement:
- Serve the suspension/revocation period: You must wait out the full term of your suspension before applying for reinstatement.
- Complete the Substance Abuse Traffic Offender Program (SATOP): This requirement applies if your license was suspended due to chemical test refusal, accumulated points, DUI, DWI, and other alcohol-related offenses.
- Retake the driving exam: If your license was revoked, i.e., driving privileges were lost for a year or more, you must retake the entire driving exam to reinstate your license.
- File and maintain liability insurance proof for the specified period: Depending on the grounds for suspension, you may need to file form SR-22 and maintain proof for two or three years from the date on which your license was suspended or revoked.
- Proof of Ignition Interlock Device installment: in all alcohol-related suspensions or revocations, you must install an IID and provide proof of installment.
- Payment of reinstatement fees: Reinstatement fees vary by the reason for suspension or revocation but generally range from $20 to $65.
You must file the required forms and fees with the Driver License Bureau either in person or by mail. However, if your case involves a five or ten-year denial, you must seek the reinstatement of your driver’s license at the circuit court first. Once you obtain an Order of Reinstatement from the court, you can file with the Driver License Bureau. Similar, but the same, driver’s license reinstatement requirements may apply.
With cases that involve more serious offenses and long-term suspensions, we’re prepared to craft a strategy that addresses your unique situation. We have a successful track record of advocating for clients facing five or ten-year denials and are committed to fighting for your right to get back on the road. We possess the skills and knowledge required to tackle the nuances of complex cases.
Whether your case is with the DOR or a circuit court, we are experienced in Missouri driver’s license revocation hearings and appeals and can ensure that every avenue for restoration is thoroughly explored.
DWI Criminal Law Center: Your Ally in Missouri Driver’s License Suspension Issues
Facing a license suspension or revocation as a result of a DUI or DWI can have serious implications on daily life, affecting your ability to work, care for your family, and maintain independence. At the Benjamin Law Firm, LLC, we understand these challenges and are here to advocate for your driving privileges.
Each of our Kansas City criminal defense attorneys is extensively trained, ensuring we’re thoroughly prepared to handle even the most complex cases involving suspended or revoked licenses. With hundreds of successful cases under our belt, we bring unparalleled experience to your defense.
We assist clients with navigating Missouri driver’s license hearings, guiding them through the complexities of the legal system. We represent you at these hearings with the goal of maintaining your driving privileges or obtaining restricted driving rights until full reinstatement is possible.
If you’re battling against driving with a license suspension or revocation, allow us to shoulder the burden. Don’t leave your right to drive to chance; schedule your free consultation with award-winning attorneys today.
