Suspended license defense

The charge is operating a motor vehicle while the license is refused, suspended or revoked, under General Statutes section 14-215. For a first offense under the general provision, the fine is $150 to $200, or up to three months in jail, or both; for a later offense the fine is $200 to $600 or up to a year. Prior violations add more.

When the suspension came from a DUI or a chemical-test suspension, a different part of the statute applies, and it is much more serious. A first offense carries a fine of $500 to $1,000 and up to a year in jail, with 30 consecutive days that cannot be suspended unless the court finds mitigating circumstances and states them in writing. A second offense carries up to two years and 120 days; a third or later, up to three years and a year that cannot be suspended. Many of these arrests come from a driver who did not know the license was suspended, did not get the notice, or believed a hearing had stopped the suspension. Whether the State can prove the driver knew is often the question.

What the office handles

• Operating under suspension, first offenseA fine of $150 to $200 or up to three months in jail, or both, under the general provision of section 14-215.
• Suspension from a DUI or a test refusalA first offense carries $500 to $1,000 and up to a year, with 30 days that cannot be suspended absent stated mitigating circumstances. Repeat offenses are heavier.
• Driving without a licenseDifferent from driving under suspension, and handled under section 14-36. A first offense is an infraction.
• The DMV suspension itselfA first DUI-related administrative suspension is 45 days, and restoring the license requires an ignition interlock device. The hearing to contest it must be requested within seven days of the date the notice was mailed.
• Ignition interlockA device that keeps the engine from starting if the driver's alcohol level is above a set limit. Driving without a required device is charged as driving under suspension.
• A DUI and the suspension case togetherThe criminal DUI and the DMV suspension run on separate tracks. The DUI page explains both.

How a case starts

1. Call(203) 853-2700. Say whether the charge is a first one, when the court date is and whether the suspension came from a DUI.
2. Free consultationThe first 30 minutes are free, in the office on Mott Avenue or by phone, by appointment. Bring the summons, any DMV notices and your driving record if you have it.
3. The fileThe police report, the DMV record of the suspension and the notices that were mailed. Attorney Saraceni reviews whether the State can prove the license was suspended and that you knew.
4. Court and the DMVHe appears with you in Stamford, Bridgeport, Danbury, Torrington or New Haven Superior Court, and handles the DMV side where there is one.

Questions people ask first

See also the published case results, what clients have said, questions about fees and courts and what happens after an arrest in Norwalk.

Prior results do not guarantee a similar outcome. Every case turns on its own facts. Nothing on this site is legal advice, and contacting the office does not create an attorney-client relationship.