If your driver's license is currently suspended and law enforcement stops you while driving, be aware that they may arrest you on a criminal charge. Many people don't associate traffic violations as criminal acts, but the reality is that you can face a severe penalty for driving with a suspended license. If you find yourself in this situation, contact a criminal traffic lawyer in Florida as soon as possible.
Do you rely on your vehicle to get to work or school? Do you drive your kids to and from activities? Are you currently having problems fulfilling obligations or completing everyday activities because you don't have a driver's license? You can't risk having these problems exacerbated by a conviction for driving with a suspended license. Talk to a criminal traffic defense lawyer before your first court date.
Contact Weinstein Legal Team for a free case evaluation. A charge under Florida Statute 322.34 can carry jail time, a longer suspension and fines, so the sooner a lawyer sees the paperwork behind the suspension, the more options you have.
The Penalty for Driving with a Suspended License
If you know that you have a suspended license and find yourself facing criminal charges following an arrest, you are probably asking what the penalties for driving with a suspended license are.
In Florida, a first conviction for knowingly driving while your license is suspended is a second-degree misdemeanor under Florida Statute 322.34(2)(a), punishable by up to 60 days in jail and a $500 fine. Knowledge is an element of that offense. If you did not know about the suspension, Florida Statute 322.34(1) makes the same conduct a noncriminal moving violation rather than a crime.
Multiple Offenses
A second or subsequent conviction is a first-degree misdemeanor under Florida Statute 322.34(2)(b)1., punishable by up to a year in jail and a $1,000 fine. A third or subsequent conviction carries a mandatory minimum of 10 days in jail under Florida Statute 322.34(2)(b)2. It becomes a third-degree felony, punishable by up to five years in prison, only where the current violation or the most recent prior one traces back to a suspension for driving under the influence, refusing a breath, blood or urine test, a traffic offense causing death or serious bodily injury, or fleeing and eluding, under Florida Statute 322.34(2)(c).
Three or more convictions within a five-year period for driving under suspension, DUI, or a mix of the offenses listed in Florida Statute 322.264(1) make you a habitual traffic offender. That designation revokes your license for at least five years under Florida Statute 322.27(5)(a), and driving during the revocation is a third-degree felony under Florida Statute 322.34(5).
The Result
These are steep consequences. The penalty for driving with a suspended license can cost you your freedom, cause you to lose your job, affect your ability to gain employment in the future, and so much more. For this reason, you must have an aggressive legal team fighting on your behalf. There is too much at stake to take your chances in court alone.
Additionally, whether it is your first or second offense, it is likely that the length of your original suspension will be extended, leaving you without the ability to drive for even longer. This alone can cause a significant disruption to your daily life.
When asking yourself, "What are the penalties for driving with a suspended license?" it is important to consider the ramifications that a conviction can have on your future. A criminal defense lawyer can help protect your rights and help you gain a positive outcome.
Reasons Your License May be Suspended
Sometimes, individuals face criminal charges when they are unaware that their driver's license has been suspended in the first place. There are a variety of reasons that your license may be suspended. Many think that it can only happen as the result of a DUI, but Florida outlines many scenarios that may result in the loss of your driver's license.
These include:
- Having too many points on your driving record
- Failure to pay child support
- Failure to pay court fines
- Failure to appear in court on an unrelated charge
- Failure to renew or continue your motor vehicle insurance
- Probation conditions that revoke your license
If you are unaware of your driver's license suspension at the time of your arrest, this will greatly help your case. While the state of Florida must notify you of a license suspension, either in person during a court hearing or via mail, miscommunications do happen. Mail gets lost or fails to be delivered. An experienced attorney can argue these facts in court.
If you are unsure if your license is currently suspended, visit the Florida Highway Safety and Motor Vehicles' official website to check.
Can the Charge be Reduced?
If you are facing a penalty for driving with a suspended license, the best way to get your charge reduced to a lesser offense is to hire a lawyer. They will form a criminal defense, communicate with the prosecutor, and attempt to negotiate a plea deal.
Defenses for Driving with a Suspended License
The courts may even dismiss your case entirely if your lawyer presents an excellent defense.
Possible defenses against a penalty for driving with a suspended license include:
- The traffic stop was illegal
- You were not driving on a public roadway, but perhaps on your property, in your driveway, or otherwise
- You were not aware your license was suspended
- Your license is reinstated before your court date
Getting a Charge Reduced
Additionally, a lawyer may be able to negotiate lesser charges, such as reducing the charge to driving without a valid driver license under Florida Statute 322.03, the offense usually written up as "No Valid Florida Driver's License."
A reduction can keep jail time, higher fines and a longer suspension off the table. Which defense fits depends on the paperwork behind the suspension and on what the state can prove about your knowledge of it, which is the part a defense lawyer works on first.
How to Get Your License Reinstated
Another common misconception is that once your period of license suspension is over you are automatically permitted to drive again legally. Unfortunately, this is not the case and can result in an arrest you had no way to anticipate.
Where to Go
In Florida, a suspension does not lift by itself when the time runs out. You have to apply for reinstatement, and you have to clear whatever caused the suspension first. Many reinstatements can now be completed online through the Florida Highway Safety and Motor Vehicles MyDMV Portal, though some still require a visit to a driver license service center or tax collector office.
The Cost of Reinstating Your License
The reinstatement service fee under Florida Statute 322.21(8) is $45 after a suspension and $75 after a revocation, charged on top of the fee for the license itself. Any outstanding court fees or traffic tickets have to be paid before the reinstatement goes through.
Stipulations and Requirements
You may also have to participate in a state-approved traffic school. Additionally, if your license is suspended due to a term of probation, DUI, or drug offense you may need to take a drug and alcohol class, complete community service hours, or successfully complete probation.
Contacting an Attorney
If you are facing criminal charges for driving with a suspended license, contact Weinstein Legal Team. Our criminal defense attorneys handle criminal traffic cases across South Florida, and the first thing we do is pull the record behind the suspension to see whether the state can prove you knew about it. You do not have to accept the penalty printed on the citation.
Contact us today for a free case evaluation at 954-845-0505. We are here any time you need us, day or night, 365 days a year. There will never be a time when you cannot communicate with our legal team.
