Driving while License Suspended or Revoked Tampa Suspended License Lawyer

WARNING!
If you have received a ticket for DWLS
you may be eligible for a special procedure known as a
"Clerk's Withhold," but this procedure is only available
BEFORE your arraignment (or first court date).
Before you go to court, contact us to discuss your case.

If you have received a ticket for Driving While License Suspended, Revoked or Canceled (either with or without knowledge) you need to immediately contact an experienced Tampa criminal defense attorney to discuss the consequences this ticket might have on your driving history, insurance rates, and criminal record.

In many cases, valid defenses to this charge can result in the charges being dropped by the prosecutor or dismissed by the court. In other cases, we can use mitigating factors to convince the prosecutor to reduce the charges to a less serious offense, thereby allowing you to avoid a conviction or other disposition that might cause another suspension of your driver’s license.

Have Your Attorney File A Post-Conviction Appeal to Remove Other Tickets From Your Driving Record

Even people charged with Felony Driving While License Suspended or Revoked because it is their third offense or because they drove as a Habitual Traffic Offender (HTO) may be able to get their driver’s license back by collaterally attacking the underlying offenses that caused the suspension.

It is possible in many cases to petition the court to have an old charge taken off your record if you file a post-conviction motion. The post-conviction motion is similar to an appeal, except it is filed with the trial court instead of a higher appellate court. If you are successful in clearing old offenses off of your record, then you can reinstate your driver license. Once your driver license is valid, it is more likely that the prosecutor will drop the charges completely, or at least reduce the charges to an offense that will not cause another suspension. Stop driving, and contact an experienced Driving While License Suspended or Revoke attorney to assist you today.

Free Initial Consultation- Just Bring in a Copy of Your Driving Record

Our initial consultation is free. Bring a recent copy of your driving record with you to the consultation. If you do not have a copy of your driving record, obtain a copy of your driving record from the DHSMV, clerk of court or a third party company providing your driving record in real time and on-line with no delay.  From our initial free consultation, we can help you develop a strategy to best protect your privilege to drive. Call now for a free consultation to discuss the particular facts of your case.

An Overview:

· Two types of offenses for Driving While License Suspended or Revoked
   · Without Knowledge (a civil infraction)
   · With Knowledge (a criminal offense)
· New Legislation Passed in 2008 Concerning Suspended Driver License
· Types of License Suspensions Imposed
· The Point System
· Failure to Pay Child Support
· Failure to Attend Traffic School
· Found Incapable of Operating a Motor Vehicle
· Drivers License Revocation
· Drivers License Notice of Cancellation
· Conclusion

Did you receive a ticket for Driving While License Suspended (either with or without knowledge)?

Florida Statutes Section 322.34 provides for two types of offenses for Driving While License Suspended or Revoked in Florida:

1. Driving while License Suspended WITHOUT Knowledge (a civil infraction); or
2. Driving while License Suspended WITH Knowledge (a criminal offense).

Back to top

Florida's Driving while License Suspended WITHOUT Knowledge (a civil infraction):

Most people do not realize that even a civil infraction ticket for Driving while License Suspended Without Knowledge can count as one of the three offenses in Florida that causes a Habitual Traffic Offender (HTO) suspension if the person was adjudicated guilty of that offense.

If you paid the ticket without requesting and obtaining a withhold of adjudication, then you were convicted. On the other hand, if the person hired an attorney to go to court to obtain a withhold of adjudication or to have the infraction dismissed, then the civil infraction for Driving While License Suspended Without Knowledge does not count toward one of the three offenses that causes a Habitual Traffic Offender (HTO) suspension.

Even if you have already been adjudicated for the offense, an experienced attorney may be able to file a Motion for Rehearing within 30 days, a Motion to Withdraw the plea within 60 days or a Motion to Vacate within 2 years of when you went to court or paid the ticket.

Back to top

Driving while License Suspended WITH Knowledge (a criminal offense):

It is also possible to get criminal offenses for Driving While License Suspended with Knowledge reduced to another type of charge such as "no valid" driver's license. We may be able to help you lift the suspension or revocation by filing a motion to vacate a prior conviction. We can talk with you about ways you might be able to reinstate your driver's license. 

If you are able to obtain a valid driver’s license, we can often go back to court to resolve the case for a “no valid” driver’s license, or other offense that will not result in a suspension of your driver’s license. Even if you have already been adjudicated for the offense, an experienced attorney can file a Motion to Withdraw the plea within 60 days or a Motion to Vacate within 2 years of when you went to court or paid the ticket.

If the case goes to trial, the prosecutor must prove the following elements beyond all reasonable doubt: 

• The defendant drove a motor vehicle on a street or highway;
• The defendant knew that his Florida driver license was suspended, canceled or revoked; 
  • actual knowledge
    • usually proven when the defendant admits that he knew that his driver license was suspended, revoked or canceled.
    • actual knowledge can also be proven if the judge said in open court that the license was canceled, suspended or revoked;
    • actual knowledge can sometimes be proven if the drive received a previous ticket and never got the license reinstate after that ticket.
  • constructive knowledge
    • under certain circumstances, the prosecutor may attempt to prove contructive knowledge by showing that the DMV mailed a letter to notify the driver of the suspension, cancelled, or revoked, however this showing can never be made if the suspension was related to failing to pay a ticket, or failure to pay child support.

A criminal offense for Driving while License Suspended WITH Knowledge that your driver license is suspended, revoked or cancelled is a criminal offense. The degree of the crime is determined as follows:

• First offense - Misdemeanor of the second degree
• Second offense - Misdemeanor of the first degree
• Third offense- Misdemeanor of the first degree
• Third offense - Felony of the third degree (if previously convicted of a forcible felony)

Back to top

New Legislation passed in 2008 Concerning Florida Suspended Driver License Offenses

Senate Bill 1988 became effective on July 1, 2008. This new legislation, Florida Statute Section 322.34(10) prevents many third offenses for driving while license suspended or revoked from being prosecuted as felony offenses. Under this legislation, a third conviction can only be punished as a felony if the driver has a prior conviction for a forcible felony and the suspension is NOT based on financially related issues.

The change in the law resulted from the absurd result of having persons with little criminal history serving Florida State Prison sentences for a victimless crime. The new suspended license law became effective on July 1, 2008.

The push for the legislation came after the Florida Criminal Justice Impact Conference (CJIC) found that passage of the bill would cause 129 fewer prison sentences per year, saving Florida tax payers more than $1.3 million dollars each year. Although this 2008 legislation is a step in the right direction, it does not address other selectively enforced and overly harsh laws concerning the prosecution of suspended license cases throughout Florida.

Since Florida Statute Section 322.34(10) became effective, a person whose underlying license suspensions or revocations were for violations enumerated in section 322.34(10)(a) will no longer be subject to the third degree
felony penalty as otherwise provided by section 322.34(2)(c) for driving with a suspended license for a third or subsequent time, provided the person does not have a prior forcible felony conviction. Instead, under section 322.34(10)(b)(2), a second or subsequent conviction of driving while a license has been suspended or revoked for
violations enumerated in section 322.34(10)(a) is now a first-degree misdemeanor.

The New Section provides as follows:

(10)(a)  Notwithstanding any other provision of this section, if a person does not have a prior forcible felony conviction as defined in s. 776.08, the penalties provided in paragraph (b) apply if a person's driver's license or driving privilege is canceled, suspended, or revoked for:

1. Failing to pay child support as provided in s. 322.245 or s. 61.13016;
2. Failing to pay any other financial obligation as provided in s. 322.245 other than those specified in s. 322.245(1);
3. Failing to comply with a civil penalty required in s. 318.15;
4. Failing to maintain vehicular financial responsibility as required by chapter 324;
5. Failing to comply with attendance or other requirements for minors as set forth in s. 322.091; or
6. Having been designated a habitual traffic offender under s. 322.264(1)(d) as a result of suspensions of his or her driver's license or driver privilege for any underlying violation listed in subparagraphs 1.-5.

(b)1.  Upon a first conviction for knowingly driving while his or her license is suspended, revoked, or canceled for any of the underlying violations listed in subparagraphs (a)1.-6., a person commits a misdemeanor of the second degree, punishable as provided in s. 775.082 or s. 775.083.

2.  Upon a second or subsequent conviction for the same offense of knowingly driving while his or her license is suspended, revoked, or canceled for any of the underlying violations listed in subparagraphs (a)1.-6., a person commits a misdemeanor of the first degree, punishable as provided in s. 775.082 or s. 775.083.

Back to top

Have you received Notice of a Suspension from the Florida Department of Highway Safety and Motor Vehicles?

If you have a failure to pay or a failure to appear after receiving certain traffic tickets, citations, or infractions, the Court can issue aFlorida D-6 suspension of your Driver License. Additionally, other types of Suspensions Imposed by the Florida Department of Highway Safety and Motor Vehicles (DHSM) can including the following:

Habitual Traffic Offender ..................................	Five Year Suspension
Failure to Appear in Court ................................	Suspended Indefinitely
Failure to Pay Citation .....................................	Suspended Indefinitely
Failure to Pay Child Support .............................	Suspended Indefinitely
No Insurance .................................................	Suspended Indefinitely
DUI Arrest .....................................................	Six Months to Eighteen Months
DUI Conviction ...............................................	Six Months to Lifetime
Possession of a Controlled Substance ................	Two Years
Theft or Shoplifting .........................................	Six to Twelve Months
Fraudulently Obtaining a Driver License .............	One Year

Back to top

Suspension for Accumulating Too Many Point Within a Specified Period

Your driver's licence can be suspended if you accrue too many points within a specified period. Under Florida Law, a point system has been established where certain traffic infractions have certain points assigned for that infraction depending on the seriousness of the traffic offense. In determining the points and suspensions, the department of motor vehicles uses the conviction date for any particular infraction.

The best way to avoid the imposition of points is to request a court hearing to contest the ticket or to request a withhold of adjudication. If you simply pay the ticket or if you are adjudicated guilty by the court, then the following points will be assessed to your Florida driver license:

Points Assigned for Each Traffic Offense:

• 6 points --- Crash caused by speeding violation
• 6 points --- Leaving the scene of a crash with property damage greater than $50
• 4 points --- Crash caused by any other moving violation
• 4 points --- Reckless driving
• 4 points --- Running a red light
• 4 points --- Driving during restricted hours
• 4 points --- Passing a stopped school bus
• 4 points --- Unlawful speed more than 15 miles per hour over the speed limit
• 3 points --- Driver in possession of open container of alcohol
• 3 points --- Child restraint violation
• 3 points --- All other moving violations
• 3 points --- Parking on a highway outside the city limits
• 3 points --- Unlawful speed 15 miles per hour or less over the speed limit
• 3 points --- Toll Violations

One of the easiest ways to avoid points after receiving a ticket for a moving violation (and a possible suspension for excessive points) is by attending attend traffic school pursuant to Florida Statutes Section 318.14(9). The traffic school election can be made one a year. The traffic school election can only be made five (5) times within any ten (10) year period. You can attend traffic school either before or after paying the ticket, however, the ticket must be paid within thirty (30) days after you receive the citation. Before you pay the fine notify the clerk of court for the county in which you received the ticket of your intention to take the traffic school election. Many times the clerk of court will require you to fill out an affidavit showing that you elect to take traffic school and showing that you are eligible for such an election.  Unfortunely, the traffic school election to avoid the conviction and points is not available to anyone with a commercial drivers license. You can take the traffic school by attending a live class or by completing an on-line class.  

You are eligible for a hardship license after a point suspension if you take an examination, complete a twelve (12) hour Advanced Driving Improvement (ADI) Course, pay a fee for reinstatement, and pay additional fees for the hardship license.

If you have already received the points because you simply paid the ticket without receiving a withhold after the traffic school election, or by going to court to fight the ticket, then you may still be eligible to hire an attorney to file a motion to vacate or set aside the conviction. At the Sammis Law Firm, P.A., we have successfully helped clients vacate certain moving violations in order to remove the conviction and points. Once the conviction is vacated, then the driver license suspension or revocation for excessive points is lifted. 

Back to top

Failure to Pay Child Support

If you fail to pay child support your driver's license can be suspended indefinitely until you present an affidavit from the clerk of court or child support ageny demonstrating that you have come into compliance with your child support obligations and pay a reinstatement fee of $25.

Failure to Attend a Court Ordered Traffic School

If the court orders you to attend traffic school and you fail to do so within the time alloted by the court, then you must contact the court that issued the requirement, comply with the traffic summons, and show a certificate of successful completion of the traffic school course, and pay a reinstatement fee of $25. You are allowed to attend traffic school only once a year with a maximum of five lifetime opportunities.

Found Incapable of Operating a Motor Vehicle

If you are found incapable of operating a motor vehicle you will receive a 12 month suspension without any opportunity to apply for a hardship license. Once the one year hard suspension is completed, you can request a hearing and apply for reinstatement.

Back to top

Have you received Notice of a Revocation of your Driver's License from the Florida Department of Highway Safety and Motor Vehicles?

Your driver's license can be revoked for a period of six months to a lifetime revocation. A revocation can occur for any of the following reasons:

• Conviction for possession of a controlled substance;
• Conviction for vehicular manslaughter;
• Conviction for a felony in which a vehicle was used;
• Conviction for being involved in an act of prostitution in a motor vehicle or other lewd act;
• Conviction for leaving the scene of a crash when another person was injured or died;
• Conviction for perjury in a court of law;
• Conviction for a similar crime in another state;
• A court order of suspension for certain traffic offenses;
• Failure to meet minimum vision requirements; or
• Certain medical conditions until the medical condition improves.

Back to top

Have you received Notice of a Cancellation of your Driver's License from the Florida Department of Highway Safety and Motor Vehicles?

Your driver's license can be canceled for any of the following reasons:

• Supplying fraudulent information on a driver license application;
• Failing to comply with a court ordered requirement;
• Failure to comply with a DUI requirement; or
• Failure to complete a four hour traffic school course after being responsible for a crash involving serious injury of another.

Back to top

Conclusion

Any ticket for driving while license suspended, whether civil or criminal is serious. Order a copy of your driving record and contact an experienced Tampa criminal defense attorney. Whether you have received a ticket for driving while license suspended, revoked or canceled in Tampa, Hillsborough County, Pinellas County, Polk County, Pasco County, or any of the surrounding counties, contact a criminal defense attorney that is well-versed in the traffic laws of the state of Florida to assist you today.

Back to top