Driving While License Suspended, Canceled, or Revoked in Florida
In Florida the offense of driving while license suspended or revoked is very common. As you know living in Florida without a driver’s license is extremely difficult. If your license is suspended and you decide to drive, a quick trip to the grocery store can end with you being taken to the county jail.
Florida Statute § 322.34(2), makes it a crime to drive a vehicle while your driver’s license is canceled, suspended, or revoked. In order to convict you the government must prove the following three facts beyond a reasonable doubt:
- You drove a motor vehicle.
- At the time your driver’s license was suspended, revoked, or canceled.
- At the time, the driver knew that his/her license was suspended, revoked, or canceled.
Defenses to Driving While License Suspended, Canceled or Revoked in Florida
The crime of driving while license suspended or revoked is often straightforward. You either were driving or you weren’t driving. Also, your license was either suspended or it wasn’t suspended.
However, proving that you had “knowledge” of your license’s suspension, revocation, or cancelation might be more difficult. In some cases the government for one reason or another may have insufficient evidence that you had “knowledge” that your driver’s license was suspended.
The Power of Getting a Valid License:
Typically, the crime of driving while license suspended is minor. Further, the State of Florida has an interest in people having valid driver’s licenses. Therefore, it may help your case if you are able to get your driver’s license while the case is pending in court.
Once you have your driver’s license the government might be inclined to reduce your criminal traffic charge to the lesser criminal charge of No Valid Driver’s License or possibly the non-criminal charge of failure to exhibit. While you don’t have a right to a reduction here, obtaining a valid driver’s license may demonstrate to the prosecutor that you learned from your mistake and deserve leniency.
Potential Penalties for Driving While License Suspended, Canceled or Revoked in Florida
If convicted the crime of driving while license suspended or revoked carries the following sentence depending on the number of suspended license convictions you have.
First Offense
If this is your first Driving While License Suspended charge then the crime is classified as a second degree misdemeanor, which carries a maximum $500 fine and maximum 60 days in jail. § 322.34(2)(a), Florida Statutes.
Second Conviction
If this is your second conviction the crime of Driving while license suspended is classified as a first degree misdemeanor, which carries a maximum $1000 fine and maximum 1 year in the county jail. § 322.34(2)(b), Florida Statutes.
Third (or more) Convictions
If this is your third (or more) conviction for the crime of Driving while license suspended it may be classified as a third degree felony, which carries a maximum of 5 years in prison and a $5000 fine. § 322.34(2)(c), Florida Statutes.
Criminal Defense Attorney
At The Law Offices of Scott J. Kalish we have the experience defend you in your misdemeanor or felony suspended license case. We represent people throughout South Florida, specifically Broward, Palm Beach, Miami-Dade, Martin, and St. Lucie Counties.
With our main office conveniently located in Coral Springs, and other office locations throughout South Florida we are never far. If you have a question about your drug offense, or any other matter, reach out to us today for help.
