Legal advice.....help anyone?

My husband has had his license suspended for over 5 years. We finally paid the reinstatement fee a couple weeks ago. This last Saturday he was pulled over for his windows supposedly being too heavily tinted, even though the arresting officer never checked the actual amount of tint. He only saw that my husband didn't have a valid license & arrested him. I understand that its still illegal, but shouldn't his charge be for driving without a license instead of driving under suspended license. I ask because there is a considerable difference in the fine amount and punishment between the two charges. We have a letter from the state stating that on March 21, 2011 his driving privileges were reinstated. He had not yet retested for his license though.