Connecticut Operation Under Suspension Lawyer

(203) 518-8010

Driving on a Suspended License | Operation Under Suspension

(Connecticut General Statutes C.G.S ┬ž 14-215(c))

Operation Under Suspension Lawyers
Sorrentino Legal | Driving with a Suspended License Attorneys

In Connecticut, the crime of driving on a suspended license is defined as any person who operates any motor vehicle during the period such person's operator's license or right to operate a motor vehicle in this state is under suspension or revocation.

Your license can be suspended for a number of reasons: DUI, reckless driving, too many points on your license, or other serious traffic offense in Connecticut.

However, there may be other times where you didn't know your license was suspended. Can you punished for Operation Under Suspicion (OUS) even if you know it was suspended? Not if the state or DMV failed to give you adequate notice.

There are circumstances where you may not have known, including moving, or the DMV failing to give you notice. Your driver's license could have been suspended for several reasons.

  • A previous DUI in Connecticut;
  • Reckless driving in Connecticut;
  • Too many points on your license;
  • Caught driving with a suspended license before;
  • Failure to appear to Connecticut traffic court;
  • Failure to pay speeding tickets.

Prosecution of Operation Under Suspension (OUS)

In order to be convicted of this crime, the state must prove the following:

  • (1) Your license was suspended;
  • (2) Proof that you were notified of the suspension; and
  • (3) Probable cause of being pulled over

Punishment and Sentencing for Driving with a Suspended License

If you are convicted of Driving with a Suspended License the penalties can be rather severe. Connecticut has different penalties depending on the circumstances and the number of previous offenses you have.

First Offense

  • Fine equal to five hundred dollars ($500) or more than one thousand dollars ($1,000)
  • Imprisoned no more than one year and, in the absence of any circumstances considered by the court to lessen the penalty, thirty consecutive days of the sentence may not be suspended or reduced in any manner.

Second Offense

  • Fine equal to five hundred dollars ($500) or more than one thousand dollars ($1,000)
  • Imprisoned not more than two years and, in the absence of any circumstances considered by the court to lessen the penalty, one hundred twenty consecutive days of the sentence imposed may not be suspended or reduced in any manner.

Third Offense

  • Fine equal to five hundred dollars ($500) or more than one thousand dollars ($1,000)
  • Imprisoned not more than three (3) years and, in the absence of any circumstances considered by the court to lessen the penalty, one (1) year of the sentence imposed may not be suspended or reduced in any manner.

Operation Under Suspension Following a DUI Conviction

It is important to note that there is a mandatory minimum sentence of thirty (30) days in jail that may not be suspended.

Courts are very strict when it comes to OUS following DUI, and although, there may be some discretion in sentencing OUS following DUI in Connecticut, it is more likely than not, that some period of incarceration is probable without a good defense to OUS.

Legal Defenses for Driving with a suspended license

Yes, there are legal defenses for driving with a suspended license.

  • 4th Amendment Violation: Why were you stopped?
  • Violation of Due Process: Did the DMV make an error?
  • Erroneous Suspension: Was your license not supposed to be suspended to begin with?
  • Were you permitted to drive to work or school?

In some circumstances judges are willing to give probation instead of imposing a jail sentence. Those circumstances will include professional considerations, or family/childcare considerations. For first time offenders courts may consider the accelerated rehabilitation program.

If you or a loved has been arrested for driving with a suspended driver's license in New Haven, Bridgeport, Hartford, New London, or anywhere in Connecticut, contact a lawyer at Sorrentino Legal today at (203) 518-8010 for a free consultation.

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