Will I Face Charges for Driving with a Suspended License in Florida?

You might think driving with a suspended license in Florida isn't a big deal—until a faulty tail light or minor traffic violation brings it all crashing down. Just recently, a Florida driver was arrested after a simple tail light issue led a deputy to discover his suspended license.

What seemed like a small oversight can quickly escalate into an ordeal involving fines, jail time, and long-lasting repercussions like skyrocketing car insurance rates.

In this blog post, we’ll delve into the serious legal consequences of driving with a suspended license in Florida, the types of charges you may face, and the steps you can take to navigate this complicated legal issue.

Why Licenses Get Suspended

Your driving license can be suspended for a multitude of reasons. In Florida, some of the common causes are:

• DUI Convictions: A DUI arrest can lead to an immediate administrative suspension.
• Points Accumulation: If you accrue too many points for traffic violations within a certain timeframe, your license can be suspended.
• Unpaid Traffic Tickets: Failing to pay traffic fines can result in an automatic suspension.
• Failure to Appear in Court: If you are summoned to court for a traffic violation and fail to appear, your license may be suspended.

Understanding the reason for your suspension is critical, as it may affect the severity of the charges and the potential defenses available to you.

Florida Laws on Driving with a Suspended License

In Florida, driving with a suspended license is a serious offense regulated by Florida Statutes Section 322.34.

Depending on your history and the particulars of the situation, it can be classified as either a civil or a criminal offense.

Potential Criminal Charges

• First-time Offenders: A first-time offense is usually treated as a second-degree misdemeanor in Florida.
• Repeat Offenders: If you have been caught more than once, the charges escalate. A second offense can be a first-degree misdemeanor. A third or subsequent offense could be classified as a third-degree felony.

The level of the charge affects both the potential fines and jail time you could face, making this a situation you must handle with the utmost caution.

Legal Consequences

• First-time Offense: A conviction may lead to up to 60 days in jail and a fine of up to $500.
• Second Offense: The stakes are higher with up to one year in jail.
• Third or Subsequent Offenses: At this point, you are looking at up to five years in prison and a fine of up to $5,000, depending on the judge’s discretion and the circumstances of the offense.

Defenses and Legal Options

Even in what seems like a bleak situation, you do have legal options. Some defenses include:

• Lack of Knowledge: If you can prove that you were not aware of the suspension, this can sometimes be a valid defense.
• Improper Stop: Questioning the legality of the traffic stop that led to the charge can also be an avenue of defense.
• Emergency Situation: In some rare cases, driving due to an absolute emergency might be a defense, though this is risky and highly situational.

The Importance of Legal Representation

Driving with a suspended license is a charge that should not be taken lightly. Legal guidance is essential for navigating the complex Florida legal system. A license lawyer can help you understand your rights, examine the evidence, and present the strongest possible defense.

How a Conviction Affects Your Record

Being convicted for driving with a suspended license doesn't merely result in immediate penalties like fines or even jail time; it also has long-lasting implications for your driving and criminal record. In Florida, these convictions can accumulate and may escalate the charges you face for future offenses.

A tainted record can impact various facets of your life. Employers, especially those in the transportation sector, may hesitate to hire someone with such a conviction. Likewise, a criminal record may make it difficult to secure housing or even affect child custody arrangements.

Implications for Your Insurance

Your auto insurance provider will likely consider you a high-risk driver after a conviction, leading to increased premiums. In some cases, insurance companies may refuse to cover you altogether, making it legally impossible for you to drive even if your license is reinstated.

Future Legal Complications

Repeated offenses can escalate the severity of charges you may face in the future. For example, as mentioned earlier in the blog, while a first-time offense may be considered a misdemeanor, subsequent offenses could be classified as felonies, carrying more severe penalties and further complicating any future legal matters you may encounter.

Potential for Expungement

In some cases, you might be eligible for expungement, a legal process that can remove the conviction from your public record. However, eligibility criteria are stringent, and you should consult a legal professional to explore this option.

Getting Your License Back

Having a suspended license can be a crippling experience, affecting your daily life in ways that extend far beyond your ability to drive. Therefore, understanding the process for reinstating your license becomes a high priority.

Regaining your driving privileges in Florida is a process that demands careful attention to detail and adherence to the procedures set forth by the Florida Department of Highway Safety and Motor Vehicles (FLHSMV).

Reinstatement Requirements

Depending on the reason for your suspension, specific steps may need to be taken to fulfill reinstatement requirements. This could range from:

• Completing mandatory driving courses
• Paying unpaid fines or completing community service
• Clearing up any pending legal issues

Contact the FLHSMV or a qualified Florida drivers license attorney to understand the exact requirements for your unique situation.

Fees and Financial Obligations

Reinstating your license is not a free service; there are various fees that you must pay, which can vary based on the reason for your suspension.

Ensure that you are aware of all the costs involved so that you can adequately prepare financially. Failure to pay these fees can further delay the reinstatement process.

Eligibility for Hardship License

In certain cases, you may be eligible for a hardship license that allows limited driving privileges (like driving to work or school) during the suspension period.

However, acquiring a hardship license typically involves a separate set of requirements, such as completing a mandatory Advanced Driver Improvement (ADI) course.

Timing is Everything

One of the most overlooked factors in getting your license back is the timing. There is often a waiting period before you can apply for reinstatement. Missing deadlines or jumping the gun can result in delays or legal ramifications.

Consult an Attorney

Consulting a Florida drivers license attorney can be invaluable. They can provide personalized advice, ensuring you're taking all the correct steps for a successful reinstatement.

Charged with Driving with a Suspended License in Florida?

Facing charges for driving with a suspended license in Florida is a serious matter with long-lasting repercussions. With legal complexities to navigate and a future that could be dramatically altered by a conviction, you need a dedicated advocate on your side.

West Palm Beach criminal attorney Ronald Chapman has over 34 years experience defending clients in situations like yours and helping them regain their driving privileges.

To discuss your case and explore your options, contact us today at (561) 832-4348 to schedule a meeting. We are committed to helping you understand the charges against you and crafting a defense strategy tailored to your unique circumstances.

Don't leave your future to chance; act now to safeguard your rights and your record. Remember, your defense starts now.

Copyright © 2023. Ronald S. Chapman, P.A. All rights reserved.

The information in this blog post (“post”) is provided for general informational purposes only and may not reflect the current law in your jurisdiction. No information in this post should be construed as legal advice from the individual author or the law firm, nor is it intended to be a substitute for legal counsel on any subject matter. No reader of this post should act or refrain from acting based on any information included in or accessible through this post without seeking the appropriate legal or other professional advice on the particular facts and circumstances at issue from a lawyer licensed in the recipient’s state, country, or other appropriate licensing jurisdiction.

Ronald S. Chapman, P.A.
400 Clematis St., Suite 206
West Palm Beach, FL 33401
(561) 832-4348
https://justiceflorida.com/