PENALTIES, DEFENSES, AND STRATEGIES In Florida, Driving with a Suspended or Revoked Driver’s License is a serious criminal offense. Too often, unrepresented Florida drivers plead to Suspended License charges without being fully aware of the long-term negative consequences for their driving privileges and criminal record. Show
Penalties for Driving with a Suspended LicenseUnder Section 322.34, Florida Statutes, a first offense for driving with a suspended license (with knowledge of the suspension, revocation, or cancellation) can result in 60 days jail and a fine of up to $500.00. A second offense may be charged as a first degree misdemeanor, which carries a maximum penalty of 1 year in jail. A third offense in Florida may result in felony charges, with up to 5 years in prison and maximum fine of $5,000. If this third offense and two previous offenses occur within a five year period, you will be labeled by the Department of Highway Safety and Motor Vehicles (Department of Motor Vehicles) as a Habitual Traffic Offender. Habitual Traffic Offender (HTO) status in Jacksonville results in a five-year driver’s license revocation. A person classified as a Habitual Traffic Offender cannot even obtain a hardship license until a full year has elapsed from their most recent conviction. For additional information about Habitual Traffic Offender status in Florida, visit our Florida Habitual Traffic Offender web page. Reasons for a License SuspensionThere are a number of reasons for the Department of Highway Safety and Motor Vehicles to suspend a Florida driver’s license. Common examples can include the following:
An experienced Jacksonville criminal defense lawyer is an invaluable resource for explaining the reasons for the suspension or revocation and opening options to have the suspension / revocation lifted. If your Florida license is suspended, call us today to find out why. Defenses to Driving With Suspended LicenseThere are many defenses and strategies available to defeat a suspended license charge or to minimize potential penalties. Common examples include:
Where there are no viable defenses available, we seek to negotiate with the prosecution to have the charge amended to No Valid Florida Driver’s License or, in some cases, to a civil citation (failure to display). This most often occurs in cases where there is a minimal driving record, or where the individual obtains a valid Florida driver’s license prior to entering a plea or going to trial. An amendment of the charge dramatically lessens the penalties and driver’s license consequences a person would have faced had he or she been convicted of driving with a suspended license. Where amendment is not a possibility, we seek to minimize the penalties so as to avoid jail, probation, and debilitating fines. If you have been accused of driving on a suspended, canceled, or revoked license, you may have defenses available to contest the charge or to minimize potential penalties. Contact our Jacksonville Driver’s License Attorneys today for a free consultation. DWLS & No Valid Driver’s LicenseDriving While License Suspended (DWLS) and No Valid Driver’s License (NVDL) are common traffic offenses, yet their consequences are often underestimated and misunderstood. NVDLThe charge of No Valid Driver’s License refers to driving without a proper license. A valid license does not necessarily have to be issued by the state in which you receive the citation. If you meet certain requirements, a driver’s license from another state or another country may be valid as well. Some people are surprised to learn that NVDL is actually a criminal offense, so being charged with this offense can lead to a permanent criminal record. DWLSDriving with License Suspended is generally a more serious charge. In Florida, a driver’s license may be suspended for a variety of reasons, such as:
You can be charged with DWLS either with knowledge, or without knowledge/h2>DWLS Without KnowledgeIf you are found driving with a suspended license without your knowledge, then your charge of DWLS is only a traffic infraction and you must pay a fine; it is not a criminal charge. Nevertheless, DWLS without knowledge can still have serious consequences because it can contribute to your designation as a “Habitual Traffic Offender,” which we will cover below. DWLS With KnowledgeA person driving with a suspended license with knowledge of the suspension can be charged with a criminal offense. A first offense will result in a second degree misdemeanor, with a maximum penalty of 60 days in jail and a fine of $500. Subsequent offenses may result in a first degree misdemeanor, or even a third degree felony in some cases. DWLS with knowledge can also lead to a designation of a “Habitual Traffic Offender.” HABITUAL TRAFFIC OFFENDERAn individual who receives three convictions (or “three strikes”) of certain offenses within any five year period may be designated by the Florida Department of Highway Safety and Motor Vehicles (DHSMV) as a Habitual Traffic Offender. These offenses include:
You can also be labeled a Habitual Traffic Offender if you receive traffic points for fifteen moving traffic offenses within a five-year period. If you are designated a Habitual Traffic Offender, then your license will be suspended for five years, with the ability to apply for a hardship license after the first year. This is why defense lawyers will often try to reduce your sentence from Driving with License Suspended to No Valid Driver’s License. Even though NVDL is a criminal offense, it will not count toward Habitual Traffic Offender status. However, even DWLS without knowledge (which is a civil offense, not criminal) can count as a “strike” against you. Contesting HTOIf you are labeled a Habitual Traffic Offender, a skilled lawyer can help you contest this charge:
PENALTIES FOR DWLS AND NVDLThe penalty for driving with No Valid Driver’s License is a second degree misdemeanor, punishable by up to 60 days in jail and a $500 fine. Driving with License Suspended without knowledge is a traffic infraction. Because it is not criminal, you will only be penalized with a fine. DWLS with knowledge, however, is a criminal offense:
Getting three convictions of any DWLS charge (among other eligible offenses) in a five year period can result in your designation as a Habitual Traffic Offender, with a license suspension of 5 years. GETTING YOUR LICENSE REINSTATEDIf your license is suspended, there may be steps you can take to reinstate your license and be able to drive again. However, these only apply if you are not considered a Habitual Traffic Offender. What’s Suspending My License?Go to the DMV and ask for a printout of your Suspensions or go to the DMV’s website at https://services.flhsmv.gov/DLCheck/ and enter in your Driver’s License Number for a list of the Suspensions. Outstanding Tickets SuspensionYou will need to pay the outstanding tickets and an additional $60.00 D-6 reinstatement fee for each ticket:
Insurance SuspensionsMake sure that your insurance is current and valid. Then take proof of insurance to your closest DMV Office or call (850) 617-2000 and use the automated system to update your insurance. If you no longer own the vehicle, surrender the Florida tags and registration immediately upon canceling the Florida insurance. Child Support SuspensionYou will need to obtain an affidavit from the Department of Revenue, Child Support Enforcement (1-800-622-5437) and pay a $60.00 reinstatement fee to clear each suspension of this type. Take the affidavit to the DMV; it must be dated within 30 days of reinstatement and state:
For all other suspensions, visit http://www.flhsmv.gov/ddl/faqsuspend.html or call the DMV Customer Service Center at (850) 617-2000 Monday through Friday 7am – 5pm, EST. DEFENSE FOR DWLS AND NVDLThere are a number of defenses a skilled attorney can employ to help your case if you are charged with Driving with License Suspended or No Valid Driver’s License. Lack of Reasonable Suspicion or Probable CauseLaw enforcement must have reasonable suspicion that you were committing crime, or probable cause that you were committing a traffic infraction, before they can pull you over. If not, then your constitutional rights were violated and your charge of DWLS or NVDL may be dismissed. Lack of Knowledge of License SuspensionUnless you admit you had knowledge of the suspension of your driver’s license or sign a notice from the DHSMV of your suspension, it can be difficult for the prosecutor to prove that you were Driving with License Suspended with knowledge. If the prosecutor fails to do so, then your charge turns into a civil infraction and it will not go on your criminal record. Valid Driver’s LicenseIf you are charged with DWLS but your license was supposed to be reinstated, then either the court or a State made a mistake in the reinstatement of your license. If your lawyer can show that your license was actually valid when you were pulled over, then you should not be convicted of Driving with License Suspended. A lawyer can also contest a charge of No Valid Driver’s License by showing you had a valid license. For example, an officer might have mistaken a foreign license to be invalid, but if the license is shown to be lawful then the charge of NVDL may be dropped. Read more about how to beat your DUI ticket here. Can you go to jail for driving with a suspended license in Florida?Penalties for Driving with a Suspended License
Under Section 322.34, Florida Statutes, a first offense for driving with a suspended license (with knowledge of the suspension, revocation, or cancellation) can result in 60 days jail and a fine of up to $500.00.
Is driving on a suspended license a felony in Florida?Penalties for Felony Driving While Driver's License Is Suspended. Florida Statute § 322.34(2)(c) establishes that knowingly driving while a license is suspended, revoked, canceled, or disqualified is a third-degree felony if the alleged crime is the alleged offender's third or subsequent conviction.
What happens if you get caught driving without a license in Florida?If you are convicted of driving without a valid driver's license in the state of Florida, you face a second-degree misdemeanor that could result in a fine as large as $500 and up to 60 days in jail, although if you have no prior criminal record, it is unlikely you will be sentenced to jail.
What happens if you drive around with a suspended license?If you get caught driving with a suspended license, it could lead to penalties including fines and imprisonment, depending on what type of violation led to the suspension. The sentence would be more severe for repeat offenders.
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