Call us to schedule a time to talk with the attorneys in the office or over the phone.
Office: 813.250.0500 Fax: 813.276.1600
If you have received a ticket for Driving While License Suspended, Revoked or Canceled (either with knowledge or without knowledge) you should 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. The penalties for DWLSR depend on a variety of factors including whether you had knowledge of the suspension and the number of prior convictions.
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. A second offense is charged as a first-degree misdemeanor. A third offense can be charged as a third degree felony.
In many of these cases, we can use mitigating factors to convince the prosecutor to reduce the charges to a less serious offense, such as no valid license, thereby allowing you to avoid a conviction that might cause a revocation of your driving privileges.
Our initial consultation is free. Bring a recent copy of your most recent citation and driving record with you to the consultation. If you do not have a copy of your driving record, we can order your record for you in the office for $23.00.
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.
Contact us now for a free consultation to discuss the particular facts of your case. Call 813-250-0500.
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 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.
Until you get your license back, stop driving and contact an experienced Driving While License Suspended or Revoke attorney in Tampa, FL, to assist you today.
· 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
Florida Statutes Section 322.34 provides for two types of offenses for Driving While License Suspended or Revoked in Florida:
The legal definitions of terms used in Florida DWLS statute in Section 322.34 include:
What is the difference between a suspended or revoked driver's license? Because both revocations and suspensions functionally prohibit a person from driving, the terms are often used interchangeably in the Florida Statutes. The Department of Highway Safety and Motor Vehicles (DHSMV) can revoke or suspend a driver license or driving privilege for several driving-related and non-driving-related reasons.
Revocation means the driving privilege is terminated as provided in Section 322.01(36), F.S. On the other hand, suspension means the driving privilege is temporary withdrawn as provided in Section 322.01(40), F.S. Both revocations and suspensions can be indefinite or for a defined period of time, but only revocations in certain circumstances can be permanent.
The base fee for driver license reinstatement after revocation is $75, and the fee for reinstatement after suspension is $45.
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) revocation.
If you paid the ticket without requesting and obtaining a withhold of adjudication for the civil infraction, 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.
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:
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:
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 taxpayers 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:
(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.
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:
||Five Year Suspension|
||Six Months to Eighteen Months|
||Six Months to Lifetime|
||Six to Twelve Months|
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:
If you accumulate enough points, the DHSMV will send you a notification of the suspension that is imposed without a preliminary hearing:
|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.
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.
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.
You are allowed to attend traffic school only once a year with a maximum of five-lifetime opportunities.
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.
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:
Your driver's license can be canceled for any of the following reasons:
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
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
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
The standard operating procedures for the Florida Highway patrol in policy 17.06-5, govern the procedures troopers should use when a person is under investigation for driving while their license is suspended or revoked.
In these cases, a UTC should be issued, and if the violation is of a serious nature, a custodial arrest should be made. The trooper is required to consider the number and types of previous suspensions and revocations in determining whether a custodial arrest is appropriate.
The trooper will not allow any person whose driver license is not valid or who does not possess a driver license to operate a motor vehicle. The trooper will assist any such person in obtaining alternate transportation from the scene or locating a properly licensed driver to assume control of the motor vehicle.
In the event a trooper seizes a Florida driver license for any violation involving a confirmed suspension, revocation, or cancellation, the driver license will be destroyed by shredding unless such license is considered evidence in a criminal case and is entered into the appropriate evidence/property room per policy. At the conclusion of the case, the license will be shredded to adhere to this policy.
If driver license fraud is suspected, or the driver license is lost property or evidence, the driver license will be submitted into the evidence function according to the Evidence/Property Procedures Manual. Seized out-of-state driver licenses will be submitted by the seizing member to the Bureau of Motorist Compliance (MS 87) at GHQ.
Traffic Homicide Investigators with the Florida Highway Patrol (FHP) will follow the procedures outlined in the Traffic Homicide Investigations Manual concerning the disposition of driver licenses.
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.
Call 813-250-0500 today.
This article was last updated on Friday, October 17, 2018.
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Sammis Law Firm 1005 N. Marion St. Tampa, FL 33602
Meet Our Attorneys
Jason D. SammisTampa native with 15 years experience. University of Florida College of Law Graduate...Read more
Leslie M. SammisFocused on DUI Defense for more than 15 years. Former Assistant Public Defender...Read more
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