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Possible Penalties and Defenses for Driving With a Suspended License

Possible Penalties and Defenses for Driving With a Suspended License

Possible Penalties and Defenses for Driving With a Suspended License 150 150 Leppard Law - Top Rated Orlando DUI Lawyers & DUI Attorneys in Orlando

In Florida, a driver’s license may be suspended for a variety of reasons, including, but not limited to:

  • Failure to pay a traffic fine.
  • Failure to pay child support.
  • Failure to maintain insurance.
  • Reckless driving.
  • Driving Under the Influence (DUI).
  • Accumulation of traffic points.

There are a number of driving related offenses that someone could get in trouble for, such as driving without insurance. One of the biggest problems is people driving without a valid license. A person who is caught driving with a suspended license may face serious consequences. A person driving under a suspended license with knowledge of the suspension can be charged with a criminal offense. Under Section 322.34, Florida Statutes, a first offense for driving with a suspended license (with knowledge of it being suspended, canceled or revoked) can result in 60 days jail and a fine of up to $500.00.

A person driving under a suspended license without knowledge of the suspension can receive a civil citation, where they must pay a fine.

Driving with a suspended license—either with or without knowledge—also counts as one of the “Three Strikes” toward being labeled a “Habitual Traffic Offender.” If an individual receives three convictions within five years for, among others charges: Driving with License Suspended (even if you are not arrested) Driving Under the Influence (DUI), Fleeing and Eluding that individual will be labeled a “Habitual Traffic Offender” and lose their license for five years. If charged with a subsequent Driving with License Suspended offense while a Habitual Traffic Offender, this offense is a Third Degree Felony punishable by up to 5 years in prison, 5 years probation and a $5,000 fine.

Contact an Orlando experienced criminal defense attorney for a free consultation if you have been accused of driving on a suspended, canceled, or revoked license. You may be able to contest the charge or minimize penalties.

Some possible defenses include:

  • Challenging the validity of the traffic stop.
  • The accused was not aware that his license was suspended (in which case, under Florida law, the charge must be reduced to a non-criminal traffic violation).
  • The accused’s Florida driver’s license had been reinstated or adequate reason existed to believe it had been reinstated.