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Driving While License Suspended

Driving on a Suspended Driver License (DWLS) is one of the most common criminal charges in Florida’s court system. Please take note that if you are convicted of DWLS multiple times, the Florida Department of Highway Safety and Motor Vehicles (DHSMV) could revoke your driving privileges under the Habitual Traffic Offender Statute for five years or you could be charged with a Felony.

When analyzing a DWLS defense, the validity of the suspension must be examined. The Florida Department of Highway Safety and Motor Vehicles makes mistakes and often shows a valid driver’s license as being suspended. If the license is valid a motion to dismiss the case should be filed. One of the most litigated issues surrounding a DWLS charge is the driver’s actual knowledge that his or her license was suspended. The State must prove that the driver received actual notice that the license was suspended unless the driver admitted to knowledge of the suspension. It is virtually impossible for the State to prove knowledge of the suspension unless the notice is in writing and the driver signed the notice. Finally, even if the driver knew his or her license was suspended and admitted to the knowledge, the State must also prove that the driver was driving on a Florida Highway. And while uncommon, there are certain roadways and areas that are not consider part of Florida's highways. Areas such as construction zones, gated communities, or private land are not Florida highways and a motion to dismiss should be argued.

Driving with a suspended license – Overview

Have your license completely changes the way a person is able to live their life. Instead of relying on yourself to get where you need to be, you are now dependent upon family, friends, and public transportation. Not only that, people who may have depended on you for a means of transport, your spouse or children, members of your family, or friends, are also left to find other means of getting around. It can be very tempting to drive on a suspended license and simply get behind the wheel, hoping you don’t get pulled over.

In Florida there are a number of ways you can end up with a suspended license. Examples include, but are not limited to, arrest or conviction of DUI, failure to submit to a breathalyzer or blood alcohol test during a stop for suspected DUI, failing to pay fines, and other things. If you are caught driving on a suspended license, the consequences will depend on the circumstances of discovery. You could end up being charged with a misdemeanor or even a felony. In the event of a charge, you need to contact a defense attorney who understands the legalities.

An experienced defense attorney can help you lower the costs of fines and the potential penalties for driving with a suspended license. Depending on the reasoning for your failure to comply with your suspension, whether it was to get yourself to work, go to the doctor, or help a friend or family member, a good attorney can speak on your behalf in a way you may not be able to when standing before a judge. If you were found to have caused an accident, or you were found with drugs in your possession while driving, the right attorney can help lighten your sentence, depending on severity.

Another good time to speak with an attorney is when you want to obtain a restricted license or reinstate your license at the end of your suspension. If you need to drive to maintain your employment or to have access to medical help, an attorney can help you with the advice on legalities and procedures. To reinstate your license, it will depend on why your license was suspended and how many points you’ve accrued. The best thing for you to do is to never drive with a suspended license and speak with an attorney before attempting to solve legal issues yourself. While it may seem like a great loss temporarily, you don’t want to lose your license permanently.

If you have been arrested for DWLS, contact Marc A. Joseph, P.A. so that we can discuss your possible defenses.