License Suspension

License Suspension. For many people, a driver’s license is liberating. The freedom to go where you want, whenever you want, is exciting for many teenagers who get their license for the first time. However, driver’s licenses also come with great legal responsibility. The articles below explain the general process for obtaining a license, as well as the requirements licensed drivers must follow. The articles below also cover the consequences for failing to fulfill these legal requirements.

Your state’s department of motor vehicles can suspend a driver’s license for a variety of reasons, including driving under the influence (DUI/DWI/OUI), driving without insurance, receiving too many moving violations, tickets or points, failure to pay child support and failure to pay a court-ordered fine. There may be ways to avoid having your driver’s license suspended or to get it reinstated once it’s been suspended or revoked. A criminal defense attorney who has experience representing clients in driver’s license suspension cases can explain your legal options. The Law Offices of Baker, Reck & Associates, P.A. can advocate on your behalf in court, working to keep your license from being suspended or advocating for a brief suspension.

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Is it a crime to drive with a suspended or revoked license in Florida?

Yes, in Florida it is a criminal offense to drive with a suspended or revoked license. Depending on the reasons for suspension and whether repeat violations are involved, the charge may either be a misdemeanor or a felony.
 
A person’s driver’s license may be suspended for many reasons, including driving while intoxicated, refusing to take a breathalyzer test, driving without insurance, ignoring traffic ticket payments, and supplying fraudulent information on a driver’s license application.

What are the consequences of driving with an invalid license in Florida?

The penalties for driving with revoked or suspended license in Florida depend on the degree of seriousness of the offense. Details of the offense are laid out in Section 322.34 of the Florida Motor Vehicle Statutes, where it is entitled, “Driving while license suspended, revoked, canceled, or disqualified”.
 
According to the statutes, multiple or repeat offenses will result in severe consequences:
  • First and second time offenses are considered to be misdemeanors, punishable by an imprisonment term not to exceed 60 days, and/or fines not to exceed $500
  • Third time offenses are classified as a felony punishable by a prison term not to exceed 5 years and/or fines of up to $5,000
It should be noted that the prosecutor would need to prove that the person knew that their license was suspended or revoked when they drove. This may be proven by documentation, for example, letters or records from the Department of Motor Vehicles notifying the person of the suspension. Also, driving with a suspended license is a distinct crime from the less serious charge of driving without a license. 
Baker Reck Law Offices. All rights reserved, 2016. TERMS OF USE: This web site is designed for general information only. No representations are made as to the current status of any law, statute, rule, procedure or form, or whether any of the same described herein are up to date, complete and current. Persons accessing this site are encouraged to seek independent counsel for advice regarding their individual legal issues. The information presented at this site is not to be construed as formal legal advice to you nor the formation of a lawyer/client relationship. The hiring of a lawyer is an important decision. Before you hire the lawyer to whom you are referred, please be sure to request information regarding the lawyer's qualifications and experience.
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