Attorney’s Guide to Unlawful Use of Driver License in Florida
Under Section 322.32, Florida Statutes, the elements of Unlawful Use of Driver License in Florida are that a person:
- Displayed or possessed a driver license the person knew to be canceled, revoked, suspended, or disqualified;
- Lent his or her driver license to another or knowingly permitted another to use the driver license;
- Displayed a driver license, or claimed to properly own a driver license, when the license had not been issued to him or her;
- Failed or refused to surrender a driver license after it is canceled, revoked, suspended, or disqualified;
- Permitted his or her driver license to be unlawfully used; OR
- Applied for, obtained, or caused to be issued to him or her multiple photographic driver licenses under different names.
Penalties for Unlawful Use of Driver License in Florida
|Maximum Jail Time
|Unlawful Use of Driver License in Florida
How to Fight a Charge of Unlawful Use of Driver License in Florida
Being charged with the unlawful use of a driver’s license in Florida can be a daunting experience. However, there are several defense strategies that can be employed to challenge the State’s case or prove your innocence. Here are just a few:
- Motion to Suppress: This involves moving to throw out evidence that was obtained in violation of your constitutional rights. For instance, if the police conducted an illegal search of your vehicle and found a suspended license, this evidence could potentially be suppressed.
- Alibi Defense: This defense involves showing that you were somewhere else at the time the alleged offense occurred. For instance, if you can prove that you were at work when the police claim you were driving with a suspended license, this could be a strong defense.
- Lack of Knowledge: One of the most common defense strategies for unlawful use of a driver’s license is that you didn’t know you had the suspended, canceled, revoked, or disqualified license in your possession. Under this defense, you would need to convince the court that you were unaware of the status of your license.
- Procedural Errors: If the police made legal or procedural errors during your arrest or the gathering of evidence, this could potentially lead to the charges being dismissed. For instance, if the police failed to read you your rights or conducted an unlawful search, this could be used in your defense.
- Invalid Stop: If the police stopped you without a valid reason or probable cause, any evidence obtained during the stop, including the discovery of the unlawful use of a driver’s license, could be suppressed.
- License Validity: If you can provide evidence that your license was actually valid at the time of the alleged offense, this could serve as a strong defense.
- Identification Issues: If the police are unable to positively identify you as the driver, this could potentially lead to the charges being dismissed.
- Public Road or Highway: If you were not driving on a public road or highway at the time of the alleged offense, this could serve as a defense. For instance, if you were driving on private property, the unlawful use of driver license statute may not apply.
- Foreign License: If you possessed a valid foreign license at the time of the alleged offense, this could potentially serve as a defense.
Frequently Asked Questions
1. What does it mean for a driver’s license to be “disqualified” in Florida?
In Florida, a driver’s license can be disqualified for a variety of reasons, including serious traffic violations, repeat offenses, or driving under the influence. A disqualified license means the driver is temporarily or permanently prohibited from driving.
2. Can I get my driver’s license back after it has been suspended or revoked in Florida?
Yes, it’s possible to reinstate your driver’s license after a suspension or revocation in Florida, but the process depends on the reason for the suspension or revocation. You may need to complete a course, pay a fee, or meet other requirements set by the Florida Department of Highway Safety and Motor Vehicles.
3. What should I do if I’m pulled over and I know my license is suspended, revoked, or disqualified?
If you’re pulled over and you know your license is not in good standing, it’s important to remain calm and cooperative. Do not provide false information to the officer. After the encounter, contact a criminal defense attorney as soon as possible to discuss your situation and potential defenses.
4. What’s the difference between a motion to suppress and an alibi defense?
A motion to suppress is a request to exclude evidence obtained in violation of your constitutional rights, such as evidence obtained during an illegal search. An alibi defense, on the other hand, involves proving that you were somewhere else at the time the alleged offense occurred.
5. Can a charge of Unlawful Use of Driver License in Florida impact my employment opportunities?
Yes, a conviction for Unlawful Use of Driver License can potentially impact your employment opportunities. Some employers may view this charge negatively, particularly if the job involves driving. It’s important to fight these charges to protect your record and future opportunities.
Innocent people are accused of the criminal offense of traffic violation in Florida every single day. No matter what the charges, be aware that you’re presumed innocent by the eyes of law until you are proven guilty.
If you or someone close to you has been accused of any traffic offense It is crucial that you remain innocent. You are entitled to remain silent and you must exercise this right only after you’ve met with a criminal defense attorney. Contact an attorney for traffic violations whenever you can. Leppard Law: Florida DUI Lawyers & Criminal Defense Attorneys PLLC are available to vigorously defend your rights and freedom.