Attorney Mitchell Wood — Thousands of Cases. Every Court in Shelby County.
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Memphis Suspended License Attorney
Every day, in Memphis, thousands of people drive without a license or with a suspended license. It's a problem that can't easily be fixed and despite tougher laws making driving on a suspended license punishable with up to a year in jail, in Shelby County General Sessions courts very little actually happens. The problem with an unlicensed driver is when they have an accident and don't have insurance — it's impossible to get car insurance without a valid driver's license.
Charged with driving on a suspended license? You could be facing up to 11 months and 29 days in jail each time you get caught. Don't throw away good money without knowing the facts. Attorney Mitch Wood can help — he's handled thousands of driving on suspended license cases.
It's a well-known fact that driving on a suspended license is the most charged crime in Memphis. It's literally charged so much that Memphis police often won't make an arrest even though they are required to do so. What people don't know, however, is that depending on where you're charged, the consequences can vary dramatically — the difference between jail time, probation, a fine, or simple compliance in getting your driver's license back. Mitch knows exactly what consequences you'll face if you're charged in Memphis, Bartlett, Collierville, or Germantown.
Your Attorney
Attorney · Tennessee Bar · Practicing Since 2012
Attorney Mitch Wood has handled thousands of suspended license cases across every court in Shelby County — Memphis City courts, General Sessions, Bartlett Municipal Court, Germantown, and Collierville. He knows how each court treats these cases, what prosecutors will and won't accept, and exactly what it takes to get a case dismissed or resolved without jail time.
Suspended license is the most charged crime in Memphis, and the consequences vary dramatically depending on where you're charged. What gets dismissed in Memphis City Court can mean jail time in Bartlett. Mitch knows the difference — and has been navigating these courts for over 15 years.
Common Questions
The Department of Safety will have requirements that you must meet in order to have your license reinstated. There are many reasons why your license may be suspended. Call Mitch Wood and he can find out what those requirements are and help formulate the best plan for getting your license reinstated.
A first offense for driving on a suspended license is a Class B Misdemeanor punishable by up to 6 months in jail. Second and subsequent offenses are Class A misdemeanors and are punishable by up to 11 months and 29 days in jail. If your license was suspended due to a DUI, reckless driving, or one of many other offenses, it may count against you in being considered a habitual motor vehicle offender. Most courts will show leniency if you will take the necessary steps to have your license reinstated.
The first court date is the date for booking and processing. On this date, you must report to the jail and have your mugshot and fingerprints taken. The second date is your actual court date for arraignment.
Even though you have gotten your license, the offense took place at the time you were stopped. If your license was invalid on that date, a criminal offense took place. While some courts will be more lenient because you have your license, chances are you still need an attorney. You will most definitely need an attorney if an accident or some other violation is on the citation.
Often, you may be able to have the child support hold released by submitting a "purge payment" with the court and making arrangements with juvenile court to bring the arrearages current.
It depends on the court where your case is being heard. Some judges and prosecutors won't dismiss a driving on suspended license case unless an attorney negotiates the settlement.
Tennessee law only permits you to remain out of custody on one citation. The law orders that if you have a citation pending, the citing officer must arrest you on the second citation. In jurisdictions such as Memphis, the police are usually not going to take the time to research whether you currently have another citation pending. Instead, when you arrive to court, the judge will order you to go into custody and set a bond. The other option is to dispose of your cases on that court date by negotiating some sort of settlement.
There are two drive-while-you-pay programs: Memphis City and Shelby County.
Memphis City: If your license is suspended due to nonpayment of Memphis tickets, you are eligible if you owe a balance of more than $200 and the tickets on the suspension are 4 years or older. You must have all other reinstatement requirements satisfied before you can begin the program. If your balance is $500 or less, you must pay $50 per month. If greater than $500, you must pay $100 per month.
Shelby County: Tennessee law prohibits suspension of a driver's license so long as a payment plan on the fines and costs is made and kept current. If you have become delinquent, call Mitch Wood to get you back into a payment plan and the hold on your license released.
If the Tennessee Department of Safety determines that circumstances exist which would suspend your driving privileges, that agency will assign you a driver's license number and then suspend it.
Have you noticed those little cameras on top of police cars? That machine hooks up to a computer in the car which reads license plates and puts a report on the screen. Officers can tell if the last time they pulled that car over the driver had a suspended license. Now they just need probable cause to make the stop — a window tint violation, speeding, or a broken tail light.
Mostly, with an arrest, you will go straight to jail. A citation is issued for some crimes in lieu of arrest. All of the court proceedings remain the same.
No. A ticket is not a criminal charge. A ticket can only be punishable by up to a $50 fine and no jail time. Most citation offenses are punishable by jail time. Driving on a suspended license is a citation — a criminal charge — not a traffic ticket.
That is a blessing. Mitch can usually have a driving on suspended license case dismissed if you will get your license. It is the officer's prerogative as to whether to issue you a citation or a ticket.
In our professional opinion, Bartlett handles these cases unconstitutionally. Generally, that court will offer you to enter a conditional guilty plea and reset the case for about 45 days for sentencing. If you return with your license, they will dismiss the case. If you do not have your license, you must serve a jail sentence. This is unconstitutional because the court permits defendants to enter guilty pleas without the benefit of an attorney. Unless you voluntarily waive your right to counsel, this guilty plea is invalid. The best thing to do is to have a Bartlett suspended license attorney before your first court date.
Tennessee law requires you to if you live in Tennessee. However, if your suspension is from another state, it is unlikely that the local prosecutor is going to go through the effort of bringing the necessary witnesses to court to prove that your license is suspended from that state. That said, if your license is suspended from another state, Tennessee will have a hold on issuing you a license. You will need to cure the suspension before Tennessee will issue you one.
Tennessee law mandates a 48-hour jail sentence for a first offense for driving on a suspended license that was revoked subject to a DUI. Subsequent offenses are punished even more harshly. If you have received a citation and your license was never reinstated from the DUI, you will need an attorney to handle your case.
That depends on why your license is suspended. If it is suspended for a DUI, then you can get a restricted driver's license. If it is suspended for nonpayment of fines, you cannot. To get a restricted driver's license, you must present an order to a Tennessee judge for signature. Once signed, you can complete the remaining requirements — such as installation of the ignition interlock device — and turn it into the Department of Safety. This signed order is only good for 10 days, so once it is signed, you must act quickly. Mitch Wood can help you navigate this process.
Now you surely need an attorney if you have not already hired one. If Mitch acts quickly, he can have the warrant recalled so you will not have to go to jail.
Yes. The U.S. Constitution gives you the right to a jury trial for any offense which carries jail time or a fine greater than $50. Driving on a suspended license qualifies. After your case is indicted by a grand jury, you may request a jury trial.
Common reasons include:
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