Rockwall Criminal Lawyers
Driving While License Invalid
214-321-4105
Beltz Law Firm
Driving While License Invalid charges in Rockwall County are not a light matter. The officers in this area of Texas have been trained very well and understand that this charge can be filed as a class “b” misdemeanor under the right circumstances. This article is intended to help those who are faced with a driving while license invalid charge understand the law as it currently stands. If you would like to discuss your case with an experienced attorney after reading this article, then feel free to contact our office at your earliest convenience.
Driving While License Invalid Law
The law on driving while license invalid is divided into two main categories. Those cases that can be filed as a class “c” misdemeanor and those that can be filed as a class “b” misdemeanor. Either way, neither are good. The difference between the two and how they are filed is based on code sections contained in the Texas Transportation Code. The specific code sections are as follows:
- § 521.457. DRIVING WHILE LICENSE INVALID. (a) A person commits an offense if the person operates a motor vehicle on a highway: (1) after the person’s driver’s license has been canceled under this chapter if the person does not have a license that was subsequently issued under this chapter; (2) during a period that the person’s driver’s license or privilege is suspended or revoked under any law of this state; (3) while the person’s driver’s license is expired if the license expired during a period of suspension; or (4) after renewal of the person’s driver’s license has been denied under any law of this state, if the person does not have a driver’s license subsequently issued under this chapter. (b) A person commits an offense if the person is the subject of an order issued under any law of this state that prohibits the person from obtaining a driver’s license and the person operates a motor vehicle on a highway. (c) It is not a defense to prosecution under this section that the person did not receive actual notice of a suspension imposed as a result of a conviction for an offense under Section 521.341. (d) Except as provided by Subsection (c), it is an affirmative defense to prosecution of an offense, other than an offense under Section 521.341, that the person did not receive actual notice of a cancellation, suspension, revocation, or prohibition order relating to the person’s license. For purposes of this section, actual notice is presumed if the notice was mailed in accordance with law. (e) Except as provided by Subsection (f), an offense under this section is a misdemeanor punishable by: (1) a fine of not less than $100 or more than $500; and (2) confinement in county jail for a term of not less than 72 hours or more than six months. (f) If it is shown on the trial of an offense under this section that the person has previously been convicted of an offense under this section or an offense under Section 601.371(a), as that law existed before September 1, 2003, the offense is a Class A misdemeanor. (g) For purposes of this section, a conviction for an offense that involves operation of a motor vehicle after August 31, 1987, is a final conviction, regardless of whether the sentence for the conviction is probated.
As one can see from the current state of the law, a person can either be charged with a class “b” misdemeanor pretty easily. In Rockwall County, the case is almost always filed as a class “b” and not as a simple traffic ticket. There are a few ways to defend these cases. The most common and least financially burdensome way to defend the case is to do the following:
- Fix the suspension or invalidity problem either by (1) working with DPS to get your license back in good standing or (2) obtaining an occupational license establishing your ability to drive legally.
If a defendant is able to complete one of these two tasks, your lawyer can normally get the charge dropped completely or get unsupervised probation. If you would like to discuss your case with an experienced Rockwall attorney call our office today.
