How your license is suspended
The relevant statute, MCL 257.904(1), requires that the secretary of state have notified defendant of the license suspension in one of two ways: personal delivery or first-class U.S. mail. The trial judge erred in finding defendant guilty of DWLS because there was insufficient evidence that defendant had been notified of his suspension in the required manner. Unless the prosecutor can prove beyond a reasonable doubt that defendant was properly notified by personal delivery or first-class U.S mail, the trial court must find him or her NOT GUILTY. This outcome is required even if the prosecutor can prove that the defendant actually knew he was suspended.
Michigan Driving While License Suspended Defense Lawyer
If you are charged with DWLS, you need an attorney who has extensive experience handling these cases. Many people believe that judges will just issue a fine for DWLS and that it is just a civil infraction. Neither of these two beliefs are accurate. DWLS is a misdemeanor that is punishable by jail and probation and a conviction for this offense is for life (it can never be expunged). There are many judges who regularly order extensive probation and some judges who frequently order jail time…especially for repeat offenders.
The criminal defense attorneys with LEWIS & DICKSTEIN, P.L.L.C. have broad experience handling all misdemeanor and felony criminal offenses including hundreds of DWLS charges. If you need a fearless, effective defense attorney to help you, please call us for a free consultation at (248) 263-6800.