DWLS

Driving While License Suspended

If a driver is arrested for driving on a suspended license they may immediately be arrested and have to serve time in jail as well as have to pay large fines.

There is an abundance of reasons as to why a person’s license becomes suspended, but no matter the reason a person is not allowed to legally operate a motor vehicle if their license is suspended. If a driver is caught driving with a suspended license they will be charged with a misdemeanor unless the driver has multiple offenses then the driver will be charged with a felony.

The penalties for an individual driving on a suspended license in Florida are:

First or Second Offense

Misdemeanor
Fine up to $500
Imprisonment up to 60 days

Third time Offense

Felony
Fine up to $5000
Imprisonment up to 5 years

Reasons for License Suspension

A person’s license may be suspended for numerous reasons. Some of the most common reasons are, driving under the influence, not paying a traffic ticket, not paying insurance, driving without insurance, refusing to take a breathalyzer test, or providing fraudulent information on a driver’s license application.In Florida, there is a point system in place which will cause a person’s license to be suspended if they acquire too many points on their license in a particular period of time.

According to Florida’s Point System:

“A person’s license is suspended respectively for either not more than 30 days, not more than 3 months, or not more than 1 year if they accumulate 12 points within 12 months, 18 points within 18 months, or 24 points within 36 months.”

Defenses for Driving on a Suspended License

It is important to know that in order for a person to be charged with driving on a suspended license the driver must KNOW that their license is suspended and the charging officer must be able to prove that the driver was aware that their license was suspended. If an officer cannot prove that the accused individual knew that their license was suspended, then there was no crime committed.

In cases such as, driving under the influence, refusal to take a breathalyzer test, and fraudulent information on an application, a driver, is no doubt, aware that their license is suspended. However, in other cases, such as, not paying a ticket, not paying insurance or accumulating too many points on their license, the accused driver may not be aware that their license is suspended.

A common mistake that happens is when people move they forget to notify the DMV of their new address. In Florida, red light camera violation or toll violations are mailed to the address the DMV has on file for the driver. If a person never receives the ticket and does not pay the fine their license will be suspended, but the problem is that the person never knew they had a ticket in the first place.

Another common mistake is when people forget to pay their car insurance the insurance company notifies the DMV and the DMV will put in a request for a license suspension. The DMV then mails the person a notification of their license being suspended. If the DMV does not have the correct address on file the individual will not receive the letter and not be aware of their license being suspended.

An accused individual should not suffer the consequences of committing a crime that they had no knowledge about.

Having a suspended license can drastically affect a person’s life and can cause problems to occur such as the loss of a job or hardship of finding a job. Being charged with driving on a suspended license is a criminal offense that many people are unjustly charged with.

Learn more about your Case byContacting us Today

If you would like to learn more about your charge and are in need of some assistance contact us here at Finebloom, Haenel& Higgins. We have decades of experience fighting criminal traffic violations, such as driving on a suspended license, and we would like to work with you on getting your charges reduced or dismissed. We have the knowledge and experience it takes to get you the best results possible. There is always a defense strategy to every case, and we will find yours and provide you with the best outcome possible. We are available 24/7 to assist and answer all of your questions. Call us today at 1-800-FIGHT-IT (1-800-344-4848).