Driving With a Suspended License

Many Florida residents get their driver’s license at age 16, but some people get their licenses suspended at some point for various reasons. For example, driving under the influence of alcohol or drugs leads to automatic suspension. Excessive traffic violations can be a cause. So can driving without insurance, failure to appear in court,  and having certain medical conditions.

When you have a suspended license, you are not supposed to drive. If you get caught driving, you could face criminal charges. However, there are differences based on whether a person knowingly and unknowingly drives with a suspended license.

What the Law Says

Under Florida Statutes 322.34, any person whose driver license has been canceled, suspended, or revoked, and is caught driving a vehicle on Florida’s roadways is guilty of a moving violation. The law distinguishes between unknowing and knowing suspension.

If you were unaware of the suspension, it is considered a non-criminal traffic violation. The penalties include a fine and possible points on your driving record.

However, if you knowingly drive with a suspended license, it’s a criminal offense. A first offense is a second-degree misdemeanor, punishable by a $500 fine and up to 60 days in jail. A second offense is a first-degree misdemeanor, punishable by a $1,000 fine and up to one year in jail. A third offense bumps up the charge to a third-degree felony. While this is the least severe felony, it is still punishable by a $5,000 fine and up to five years in prison. At this point, a person may also face possible habitual traffic offender status, causing their driver’s license to be revoked for five years.

Common Defenses

Have you been accused of driving with a suspended license? If so, here are some defenses that may be used:

• Lack of knowledge. Florida law requires proof that you knew your license was suspended. If the state cannot prove you received a suspension notice, you may have a valid defense.
• Invalid suspension. If the suspension was due to an administrative error (such as incorrect records), you can challenge the charge.
• Necessity defense. If you were driving due to an emergency, such as a life-threatening situation, you might argue necessity as a defense.
• No actual physical control. If you were in a parked car but not driving, the prosecution must prove you were actually operating the vehicle.
• Mistaken identity. If you were wrongly identified as the driver or someone else used your identity, you can dispute the charge.
• Unlawful traffic stop. If the officer had no valid reason to pull you over (lack of reasonable suspicion), any evidence from the stop may be inadmissible in court.

Contact Us Today

Driving with a suspended license is never a good idea. While it is typically a misdemeanor, it can be a felony in some situations.

Don’t fight these charges alone. A Florida criminal defense lawyer from Linkhorst Law Firm can provide you with a solid defense. Schedule a consultation today by calling 561-626-8880 or filling out the online form.

Source:

leg.state.fl.us/statutes/index.cfm?App_mode=Display_Statute&URL=0300-0399/0322/Sections/0322.34.html