Despite how you might want to contest or plead a charge, it is within your interests to consult a Maryland DUI without a license lawyer first. The court’s leniency only extends so far, and because of this, it is important to present yourself in a favorable light. Mistakes happen, an attorney could help show the court that this mistake was a one-off and that you are intent on never letting it happen again.
If someone is charged with driving under the influence and is charged with driving without a license, it would affect the case in a couple of different ways. It is most likely going to increase the restrictions (the pretrial supervision conditions) on a person as they await trial and it would likely lead to a higher bail. It is considered a more serious situation. Since there is no specific statute for DUI without a license, the person would still be charged under the regular DUI law. If the person ends up getting convicted of the DUI and it is proven that they actually were not licensed at the time, that would likely be a factor at sentencing and likely lead to a more severe sentence.
A DUI while driving without a license would be an additional traffic charge. The person would get a citation for driving under the influence and a citation for driving without a license. There are no specific DUI laws for a DUI without a license. A DUI with alcohol or DUI with drugs is two different statutes.
Driving without a license and the DUI charge are heard together at the same time. In Maryland, if someone gets pulled over and is issued several traffic tickets (of which some may be jailable offenses like a DUI and some may be relatively minor, such as the driver or a passenger not having a seatbelt on), all those violations would likely be heard together. If a person goes to trial to challenge the DUI (unless they plea to the other charges), all the traffic violations will be heard at the same time.
Driving without a license does not have a specific statute that lists aggravating factors that automatically enhance the penalties or the severity of the offense, but it is a factor that the court and the prosecutor consider which could increase the penalties. The prosecution would consider all factors when offering a plea deal. It is considered a more serious infraction of traffic laws to be driving under the influence and to not be a licensed driver, and it is going to impact any pretrial conditions or bail for supervised release, and would certainly increase any penalty at the sentencing phase.
Generally speaking, a case involving a person driving on a suspended license or a case of an unlicensed driver is handled in a similar way: a DUI would be prosecuted along with any other traffic citation that was issued. This could include:
In Maryland, driving with a suspended license is a more serious offense than driving without a license. The maximum penalty for driving while suspended is actually equivalent to the maximum penalty for driving under the influence. It is for one year. A person could actually go to jail for a year for driving on a suspended license. That does not happen often, but that is what the law allows. Driving without a license is a maximum 60-day offense.
The cases would likely be handled similarly, but if the person is charged with driving with a suspended license, it is generally considered a more significant aggravating factor than just driving without a license because the license was suspended for a reason, usually for some sort of infraction or violation. The offense of driving without a license has no evidence that the person may have committed any other sort of infraction and while still being an aggravating factor, it is less of an aggravating factor than having a suspended license.
If a person is cited for driving on a suspended license due to a previous DUI, that is going to certainly raise the court’s concern. If the person was convicted for a DUI, had their license suspended for a period of time as a result, and then commits another DUI infraction, the court is going to be exceptionally concerned. This would significantly aggravate and increase any penalty for the new DUI and increase the restrictions on the person when they are out on pretrial release. It would likely lead to a person having a higher bail on the new charge which would be a significant factor and could certainly aggravate the severity of the new DUI in the eyes of the prosecution and the court.
While mistakes happen, it is the little decisions you make that could add up in your favor or detriment. When you mistakenly drive while inebriated and forget your license, the courts take the compounded offenses seriously. When this happens, alleged offenders need to team up with a respected Maryland DUI without a license lawyer who could defend you in court. Call today for a confidential case evaluation.
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