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Home > Habitual Offender > STATE v. J.W. pt. 2

STATE v. J.W. pt. 2

Charge:  Operating after Habitual Offender; Violating Conditions of Release

Mandatory Minimum Penalties:  30 day loss of license; $500 fine, none of which may be set aside by the court.

Maximum Penalties: 1.5 years jail time: $3000 fine

Summary: Client, who knew he was under suspension, found himself in a predicament one snowy evening.  The ride he is scheduled for his child to pick up from school and following through and there was no one else available to pick up the child.  Being a responsible, single father, he did what any responsible loving parent would do; he retrieved his child from school.  Unfortunately for my client, he was rear-ended by another car and the police were called due to the accident.  This unfortunate chain of events for my clients ability to drive in the future and provide for his family in real jeopardy.

Result:  As a result of skillful negotiation, we were able to convince the district attorney to place my client on deferred disposition.  The conditions of the deferred disposition were as follows: he had to do jail time up front; he had to remain crime free for a period of two years; and could only operate a car or another motor vehicle after being lawfully licensed.  My client agree to the terms, happily, and was eligible for immediate reinstatement of his driver’s license.  This is just one example of many clients who find themselves in trouble due to suspension and licensing issues.  Frankly, when you begin to slip down the rabbit hole, it’s difficult to get out, which is why you need a good attorney to advocate for you.

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