Can I avoid a mandatory driver license suspension for a drug
conviction?
Under Utah law, a conviction for drug or drug related offenses can
result in having your driver's license suspended. Common
charges
that can result in an automatic suspension of your driver's license
include
possession
of a controlled substance (drug possession),
possession
of drug paraphernalia,
distribution
of a controlled
substance, and
possession
of a controlled substance with the intent to
distribute. But it is sometimes possible to avoid a
mandatory
driver license suspension when you are charged with a drug-related
crime in Utah. To understand how a criminal conviction for a
drug charge may affect you, it is best to consult with an experienced
Utah
criminal defense lawyer.
For most drug charges, the license suspension is based on a conviction
for the charge. So anything that avoids a conviction should
also avoid the suspension. A successful
motion
to suppress
that results in a dismissal or getting a not guilty verdict at trial
are options for avoiding a conviction. But an honest
attorney will admit that it is not possible to guarantee a win at trial
or to guarantee that a motion to suppress may be successful.
An alternative way to achieve a dismissal of your case is to
negotiate
a
plea
in abeyance. Entering a plea in abeyance agreement
allows you the opportunity to guarantee a dismissal of your case by
your own compliance with the terms of probation ordered by the judge.
Upon successful completion of the conditions of the plea in
abeyance, your case may be dismissed.
Under prior Utah law, a conviction was automatically reported to the
Utah Driver License Division. Upon receipt of that notice,
your license was automatically suspended. Changes in the law
have been made that allow a judge to decline to report the conviction
to the Driver License Division. This may allow you to avoid
the license suspension.
Other options for avoiding a mandatory driver license suspension
include having the conviction entered
nunc pro tunc.
This process can have the effect of allowing the suspension
period to begin even before the conviction is actually entered.
Thus, by the time the conviction is entered, the suspension
period has already expired.
Keeping your driver license can be critical to maintaining employment
and fulfilling other obligations you may have. As an
experienced criminal defense lawyer in Utah, Stephen Howard has helped
many clients find solutions to their legal problems. His
track record includes not guilty verdicts or dismissals in drug-related
cases including drug possession,
prescription
fraud, distribution of a
controlled substance, and more. He also has extensive
experience working inside
Utah's
felony drug court system.
Based in
Salt
Lake City, criminal defense attorney Stephen Howard offers
legal services to clients throughout Utah. For help with your
legal case,
contact
us now to
schedule an initial
consultation.

A Utah criminal prosecution can result in a lifetime of consequences. Beyond jail and prison, a conviction can affect many areas of life, including employment, housing, finances, family, and much more. Never plead guilty without first consulting with an experienced criminal attorney. Understanding what is at stake is the first step....
Consequences
»

Being charged with a crime is not the same as being convicted. But just being charged can affect more than you may have imagined - jail, job, family, bills, rent or mortgage. It can feel like everything has gone wrong, and may you wonder if anything can go right. But facing criminal prosecution does not mean giving up hope....
Reasons to Hope
»