Service Areas include:
Domestic Violence
Violation of Probation
Driving Under the Influence (DUI)
Driving while license suspended
Drug Crimes
Burglary
Theft Crimes
Weapons Charges
Seal or Expunge Criminal Records
Criminal Defense Services
Marc A. Joseph, P.A.
Tampa Criminal Defense AttorneyYour Best Criminal Defense!
Navigation
- DUI and DWI Part 1 - Booking, Arrest, and Bail An "arrest" in strict legal terms occurs when a person has been placed under police custody
- Trying to Find Public Arrest Records? Here is How to Easily Find Public Records From Home
- Drug Possession Charges Three Tips For Getting the Best Defense.
- Drunk Driving 3 Myths About Alcohol and Impaired Driving
- Domestic Violence Charge? Help Your Domestic Violence Attorney Build a Solid Case
- DUI Charge? Keys to Beating an Aggravated DUI Charge
DWLS
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.
If you have been arrested for DWLS, contact Marc A. Joseph, P.A. so that we can discuss your possible defenses.