1005 N. Marion St.
Tampa, FL 33602
813.250.0500

Driving While License Suspended Attorney in Tampa

WARNING!
If you received a ticket for DWLS
you may be eligible for a special procedure known as a
"Clerk's Withhold." 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 knowledge 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 many cases, we save our client money in the short term and the long term.

A first offense for driving while license suspended with knowledge is charged as "TRAF6075 (MS) DRIVING WHILE LICENSE CANC SUSP OR REVOKED" under Florida Statute Section 322.34(2)(a) as a second degree misdemeanor.

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.


Filing A Post-Conviction Motions in Vacate DWLS Convictions

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 such as no valid driver's license. 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. If we can't help you, we can discuss your option to obtain a hardship driver license after a certain period of time. Call now for a free consultation to discuss the particular facts of your case.


An Overview of DWLS Laws:

· 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?

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).

Definitions of terms used under Florida Statute Section 322.34 -

  • Conviction - an act by a judge or jury that declares the guilt of a party upon which sentence or judgment is founded.
  • Revocation - the termination of a driving privilege.
  • Suspension - the temporary withdrawal of a driving privilege.
  • Disqualification - applies to commercial driver license (CDL) holders when privileges to operate a commercial motor vehicle (CMV) is taken away after convictions of certain traffic violations.
  • Cancellation - the act of declaring a driving privilege void and terminated.
  • Adjudication - judgment.
  • Adjudication withheld - the act wherein a judge or clerk of court chooses to refrain from adjudicating a case.
  • Citation - another name for a ticket issued by a law enforcement officer.
  • Withdrawl - applies to commercial drivers in Florida only when the term is used in place of suspension or revocation by indicating the CDL driver had his or her privilege withdrawn in another state.

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Florida's DWLS 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 cause a Habitual Traffic Offender (HTO) suspension.

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 would cause 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.

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DWLS 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 constructive knowledge by showing that the DMV mailed a letter to notify the driver of the suspension, canceled, 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 canceled 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)

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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.

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Did you received Notice of a Suspension from the Florida DHSMV?

If you have a failure to pay or a failure to appear after receiving certain traffic tickets, citations, or infractions, the Court can issue a Florida 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

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Suspension for Accumulating Too Many Points

Your driver's license 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

Points Assigned Length of Suspension
  ·12 points within a one-year period   30 Days
  ·18 points within a one and a half year period   90 Days
  ·24 points within a three year period   1 Year

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.  Unfortunately, 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. 

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Failure to Pay Child Support

If you fail to pay child support then your driver's license can be suspended indefinitely until you present an affidavit from the clerk of court or child support agency 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 allotted 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.

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Did you received Notice of a Revocation from the Florida DHSMV?

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.

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Did you received Notice of a Cancellation from the Florida DHSMV?

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.

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The 2017 MVR Access and Decoder Digest

2017 DHSMV Revocation Codes

01    Perjury/False Affid/Oath - I.D. Applic
06    Viol Chapter 893 Controlled Substance
07    Re-Imposed -- Reinstatement Rescinded
08    Inadequate    Vision-Out-State Residen
09    Manslaughter/DUI/Dubal/Veh    Hom    
10    Manslaughter/DUI/Dubal/DUI    Manslaughter    
11    Driving Under the Influence
12    DUI Phy Ctl - Narc, Barb, Stim
13    Dui/Act Phy Ctl - Narc, Barn, Stim
14    Habitual    Traffic    Offender    
15    Driv W/An Unlaw Blood Alchl Lev
16    Ordered By Circuit Ct, Juvenile Div
17    Conv Viol - Court Recommended Revoc
18    Ordered By Court As Term of Probation
19    Reinstatement    Rescinded - Revocation Reimposed
20    Vehicular    Homicide
21 Using MV in Connection With Felony
22 Felony - Poss of Controlled Substance
23 DUI Serious Bodily Injury
24 DUI - Property Damage/Personal Injury
25 Juvenile Traffic Violation
26 Metro Juvenile Traffic Violation
27 Theft of MTR VH/Parts/Components
28 Viol - Ignition Interlock Device
29 Inadequate Vision - Medical
30 Inadequate Field of Vision
31 Fail Stop, Rend Aid Involving Inj/Death
32 Fleeing or Att Elude Police Officer
37 Poss/Sell/Traf/Consprcy - Contrld Sub
38 Provide Alcohol to Minor
40 Murder Involving A Motor Vehicle
41 Manslaughter
42 DUI Manslaughter
43 4 or more DUIs (hardship consideration after five years from revocation. Manslaughter is NOT included)
44 DUI/Manslaughter/DUI-no hardship license
46 Directed By CT. Contempt (Juvenile)
47 Vio 790. 22(3) - Unlawful Poss Firearm
48 Vio 790. 22(9) - Com Off/Use/Pos F. Arm
51 Perjury/False Affid/Oath - DL Applic
60 Rev. Extended - Contempt (Juvenile)
61 Three Conv Rd Committed in 12 Mos
63 CT Dir Posses of Tobacco/Minor
64 CT Dir Misrepes/Age - Tobacco/Minor
68 Fraudulent Insurance Claims
69 Theft - Vio 812.0155
70 Rev Amend/Extended for Theft - Vio 812.0155
71 Immoral Act Involving MTR Vehicle
72 Immoral Act Involving MTR Vehicle Passenger
74 CT Directed Rev/Sus - Vio 569.11(5)
75 CT Directed Rev/Sus - Extend - Vio 569.11(5)
76 Court Directed Revocation
78 Incapable Operate Motor Vehicle Safely - Medical
79 Rev Extended For Viol of 806.13
80 Reinstatement Rescinded - Susp Imposed
81 Reinstatement Rescinded - Viol Restr
82 Incapable Op MV - Blackouts
83 Requested By Fla Parole Commission
84 Conv Viol - Court Directed Revoc
85 Rev Amend/Extend For Vio 562.11(2)
86 Rev Amend/Extend For Vio 562.111
87 Rev Amend/Extend For Vio Chapt 893
88 Rev Amend/Extend Vio Contrld Sub
89 Rev. Extended For Viol of 790.22(3)
90 Rev Extended For Viol of 790.22(9)
91 Reinstate Rescinded - Conv Mand Viol
92 Rev Extended 3 Mos - Conv Driv W/Rev
93 Failure to Surrender Driver Lic
94 Fail to Submit Vision Report As Req
95 Inadequate Vision
96 Incapable Operating MV Safely
97 Incapable OP MV - Subject to Seizures
98 Fail to Submit Med Report As Req
99 Racing on Public Traffic Way
100 Msrp/age obtain Alchl vio S.562.11(2)
101 Posses Alchl bev/minor S. 562.111

2017 DHSMV Suspension Codes

06 Incapable OP MV Safely - Failed Exam
07 Adj. Mental/Physical Incapacitated
09 DRV W/Unlaw Bal (.08% Or Above)
10 DRV W/Unlaw Bal (.10% Or Above)
14 Juvenile Traffic Violation
15 Metro Juvenile Traffic Violation
16 Ordered By Circuit CT. Juvenile Div
17 Failure to Pass - Driving Test Only
18 Failure to Report - Driving Test Only
19 Fail Pass DL Exam-Out-State Resid
20 Fail Report DL Exam-Out-State Resid
21 Violation of Restriction
22 Drive W/Unlaw Bal .02 (Under 21)
23 Refuse Sub Breath Test (Under 21)
24 Unlawful BAL (under 21) .05 or Higher
25 FTR for Re-Exam Investigation
26 Manslaughter
27 Using MV in Connection With Felony
28 Perjury/False Affid/Oath - DL Applic
29 MV Used - Immoral Act
30 Three Conv RD Committed in 12 Months
31 Comm Offense - Revoc Required If Conv
32 Viol Resulting Death/Pers Injury
33 Comm Out-State Viol - Ground Rev/Susp
34 Out-State Conv Grounds Rev - Susp
35 Driv/Act Phy Control While Intox
36 Conv/Viol - Court Recommended Susp
38 DWI/Act Phy Ctl - Narc, Barb, Stim
39 DWI/Act Phy Ctl - Narc, Barb, Stim
40 Driv W/An Unlaw Blood Alchl Lev
41 Permitting Unlawful Use of License
42 Conspiracy/Misrep Ident/Fact OBT DL
43 Display/Represent DL Not Ones Own
44 Display Alt/Fict/Rev/Susp/Canc DL
45 Obtaining A License By Fraud
46 Directed By CT.-Contempt (Juvenile)
47 Driving While License Suspended
48 Provide Alcohol to Minor- 562.11(1)(a)
49 Reinstatement Rescinded - Susp Imposed
50 Reinstatement Rescinded - Viol Restr
51 Adjudged Incompetent
52 Inadequate Vision
53 Incapable OP MV - Subject to Seizures
54 Incapable OP MV - Habitual Drunkard
55 Incapable OP MV - Addict/Hab Use Narc
56 Incapable OP MV - Blackouts
57 Failed D/L Exam 5 Times
58 Incapable Operating MV Safely
59 Vio 322.058 F.S. Child Support Delq
60 Susp. Extended - Contempt (Juvenile)
61 Failure to Report For Req D/L Exam
62 Failure to Pass Req D/L Exam
63 CT Dir Posses of Tobacco/Minor
64 CT Dir Misrepresents Age - Tobacco/Minor
65 Reinstate Rescinded - Conv Mand Viol
66 Refuse Sub Breath/Urine/Blood Test
67 Requested By Fla Parole Commission
68 Involved in Acc - Death Resulting
69 Involved in Acc - Per Inj Resulting
70 Fail to Submit Report of Vision Ex
71 Susp Extended 3 Mo - Conv Driv W/ Susp
72 Failure to Surrender Driver Lic
73 Conv Viol-Court Directed Susp
74 Court Directed Rev/Sus - Vio 569.11 (S)
75 Court Directed Rev/Susp Ext - Vio 569.11 (S)
76 Court Directed Suspension
77 Non-Compliance School Attendance
78 Education Non-Compliance S.322.091
79 Susp Extended For Viol of 806.13
80 Passing Stopped School Bus
81 Failure to Stop For School Bus
82 Unauthorized interlock removal
84 Vio resulting death/ser bodily inj
85 Sus Amend/Extend For Vio 562.11(2)
86 Sus Amend/Extend For Vio 562.111
87 Sus Amend/Extend For Vio Chapt 893
88 Sus Amend/Extend Vio Contrld Sub
89 Susp Extended For Viol of 790.22(3)
90 Susp Extended For Viol of 790.22(9)
91 Obtaining An I.D. Card By Fraud
92 Petit Theft for Gas
93 Refused to Submit to BAL Test (BUI)
94 Operating a Vessel BAL .02 (Under 21)
95 Failed to Appear - Worthless Check
96 Load Dropping/Shifting/Escaping
97 Theft Vio 812.0155
98 Susp Amend/Extended for Theft 812.0155
99 Failure secure load serious inj/death
100 Load drop/shft/esc & fail sec inj/death
101 Is incompetent to drive a motor veh
103 Vio. 322.36 Permit Unauth OP to Drive
107 Fail to Pay CT Financial Obligation
108 MSRP/Age Obtain Alchl Vio S. 562.11(2)
109 Posses of Alchl Bev/Minor S. 562.111
110 Viol Chapter 893 controlled substance
110 Non-Compliance Genetic Testing

2017 DHSMV D6 Suspension Codes

01 Failed to Appear on Traffic Summon
02 Failed to Complete CT Ordered Sch
03 School Elected When Not Eligible
04 Fail to Comply Traf Summons
05 Failed to Pay Traffic Fine (Penalty)
06 Criminal Fail to Pay
07 Criminal Fail to Appear
08 Sch Election Made Failed to Attend

2017 DHSMV Point Suspension Codes

11 12 Points Within 12 Months
12 18 Points Within 18 Months
13 24 Points Within 36 Months


Choosing a DWLS or DWLSR Attorney in Tampa, FL

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. We can help you fight to avoid the serious penalties in a Driving While License Suspended or Revoked case.

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. We fight criminal driving and traffic offenses.


This article was last updated on Friday, April 21, 2017.


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