Annapolis DUI While Driving Without A License
In Annapolis, a case will be significantly impacted if you are charged with a DUI that took place while driving without a license. Traffic incidents can have multiple citations. Most DUIs usually carry a minimum of three or four. When someone is driving without a license, they can be charged with driving without a license in addition to the DUI charges. It is not something a person wants to put in front of a judge, because that gives the judge a reason to put him or her in jail. If you are in this situation, and because the odds will be against you in court, it is important to have an Annapolis DUI attorney by your side as you build a defense and work together toward the best resolution possible.
Impact on Charges
Driving without a license is a very serious aggravating factor in a DUI case when it comes to sentencing. In court, it is possible to face a prosecuting attorney who is unwilling to soften the charges by dropping either the DUI charge or the driving without a license. In that case, the judge has the ability to keep the defendant jailed up to a year for a DUI and up to 60 days for driving without a license.
There are a number of other aggravating factors which, though similar to driving without a license, are in fact separate charges. These include but are not limited to:
- DUI while driving on a suspended license
- DUI while driving on a revoked license
- DUI while driving uninsured
- Hit and Run
Any one of these additional factors can carry up to one year in jail if the defendant is found guilty. The defendant is free to contest each charge in court. If the prosecuting attorney is able to prove any or all of the applicable aggravating factors, then the defendant must answer to them.
Noah’s Law
A person driving on a suspended license who already had a prior driving and driving conviction is the basis for Maryland’s recent incorporation of Noah’s Law, a piece of legislation designed to reduce the number of impaired drivers on the road. It requires the installation of an Ignition Interlock System into the car of drivers with previous DUI convictions. Ultimately, the law is designed to reduce the number of fatalities and accidents relating to drinking and driving.
Sentencing
A judge does not always grant someone Probation Before Judgment (PBJ) if they are accused of both charges. If granted, however, Probation Before Judgment serves to keep points off the license when the person eventually does qualify and apply for a driver’s license. The judge may also use it as a way to motivate someone to get their license. As part of the defense, and as a way to demonstrate to the court that the defendant is less of a threat to others’ safety as their actions may indicate, an attorney can show a judge that their client is going to get their license and has already begun the process. In that case, the defendant may receive a sentence of Probation Before Judgment.
How An Attorney Can Help
When facing charges for a DUI which took place while driving without a license, the defendant can easily find themselves on the receiving end of a barrage of attacks. While well intentioned, these attacks can sometimes be misdirected and overzealous. If you find yourself faced with this situation, having a qualified attorney by your side will be invaluable as you build the strongest defense possible.