WHAT ARE THE ELEMENTS OF DRIVING WHILE LICENSE SUSPENDED IN FLORIDA?
Under Section 322.34, Florida Statutes, Driving While License Suspended is committed in Florida when you drive on the streets or highways of the state while your driver’s license is canceled, suspended, or revoked.
The severity of the charge depends on whether you knew of the license suspension at the time—it is a non-criminal traffic infraction if you did not know of the suspension, but it is a criminal offense if you did have knowledge.
WHAT ARE THE PENALTIES FOR DRIVING WHILE LICENSE SUSPENDED IN FLORIDA?
The penalties for Driving While License Suspended depend on whether you knew of the license suspension, as well as whether you have been previously convicted of the same offense.
Penalties for Driving While License Suspended Without Knowledge
Driving While License Suspended is a non-criminal traffic infraction in Florida if you did not know of the license suspension, punishable by a fine.
Penalties for Driving While License Suspended with Knowledge – First Offense
Driving While License Suspended is a second-degree misdemeanor if you knew of the license suspension and it is your first conviction, punishable by up to 60 days of jail or 6 months of probation, and a $500 fine.
Penalties for Driving While License Suspended with Knowledge – Second Offense
Driving While License Suspended is a first-degree misdemeanor if you knew of the license suspension and it is your second conviction, punishable by up to 1 year of jail or probation, and a $1,000 fine.
Penalties for Driving While License Suspended with Knowledge – Third or Subsequent Offense
Driving While License Suspended is also a first-degree misdemeanor if you knew of the license suspension and it is your third or subsequent conviction, punishable by up to 1 year of jail or probation, and a $1,000 fine.
However, the law also imposes a minimum sentence of 10 days in jail. Therefore, the judge is required to impose a sentence of anywhere between 10 days and 1 year of jail time.
HOW CAN I FIGHT A CHARGE OF DRIVING WHILE LICENSE SUSPENDED?
Here are just a few of the strategies we can use to challenge the State’s case or prove your innocence:
- Moving to throw out evidence that was obtained in violation of your constitutional rights
- Show that there is no evidence supporting the charge
- Show that you have an alibi
CONTACT A SKILLED DEFENSE LAWYER FOR YOUR CASE
Joe Easton was a prominent DUI lawyer in Wisconsin for over 13 years, where he was renowned for his fearless advocacy and unique approaches to DUI cases. His novel DUI trial strategies earned him success at every stage, including DMV hearings, obtaining full acquittals at trial and getting courts to grant his clients new trials on appeals. Joe Easton has extensive experience in handling suspended license cases.
If you or someone you know has been arrested for Driving While License Suspended, Revoked, or cancelled in Central Florida, contact Leppard Law: Florida DUI Lawyers & Criminal Defense Attorneys PLLC today at 407-584-9186. Attorney Joe Easton has the right knowledge, skills, and experience to get you through this extremely stressful process all while getting the best possible result.