Driving While License Suspended
The crime of driving while license suspended, revoked, canceled, or disqualified in Florida can involve different consequences, depending on whether the alleged offender had knowledge of the suspension, revocation, cancellation, or disqualification.
When a person did NOT know his or her license was suspended, revoked, canceled, or disqualified, the criminal offense is civil offense and moving violation.
If the alleged offender was aware of the suspension, revocation, cancellation, or disqualification, such knowledge may result in misdemeanor or felony charges depending on the number of prior convictions.
Lawyer for Driving While License Suspended in Florida
If you were recently arrested in South Florida for allegedly driving while your license was suspended, revoked, canceled, or disqualified, it is in your best interest to immediately retain legal counsel.
Meltzer & Bell, P.A. aggressively defends clients accused of various moving violations in Fort Lauderdale, West Palm Beach, and several surrounding areas of South Florida.
The traffic ticket attorneys in Fort Lauderdale at Meltzer & Bell, P.A. can fight to possibly get your criminal charges reduced or dismissed. Our attorneys can review your case and discuss all of your legal options when you call (561) 500-5000 to receive a free initial consultation.
Florida Driving While License Suspended Information Center
- Why do driver's licenses get suspended?
- What are the consequences of being convicted of driving while a license is suspended, revoked, canceled, or disqualified?
- Where can I learn more about driving while license suspended in Broward County?
A person may have his or her driver's license suspended, revoked, canceled, or disqualified for any one of a number of reasons, but one of the most common reasons that the Florida Department of Highway Safety and Motor Vehicles (FLHSMV) suspends licenses is an individual accumulating too many points on his or her driving record.
Driver’s licenses will be suspended for 30 days when motorists accumulate 12 points within 12 months, three months for 18 points within 18 months, or one year for 24 points within 36 months. Some of the other reasons licenses may be suspended include, but are not limited to:
- Being designated as an habitual traffic offender (HTO);
- Failure to appear in court;
- Failure to pay child support;
- Convictions for driving under the influence (DUI);
- Refusal to submit to DUI chemical test;
- Convictions for certain drug and theft offenses;
- Convictions for other certain criminal traffic offenses;
- Non-DUI traffic violation resulting in death or serious bodily injury; or
- 15 unexcused school absences in 90 days;
- Failing driving tests;
- Failure to complete court-ordered school;
- Failure to comply with traffic summons;
- Failure to maintain automobile insurance;
- Failure to pay civil judgment, court costs, or fines;
- Failure to pay traffic tickets;
- Failure to submit a vision report (Inadequate/Field of Vision); or
- Having certain medical conditions.
It is important to understand that while driving while license suspended, revoked, canceled, or disqualified without knowledge of the suspension is considered a moving violation, punishable by fine only in Florida, paying the fine is the same as pleading guilty.
The conviction can still count against the alleged offender for the purposes of an HTO designation later on.
People who have already paid such tickets may still be able to file a motion for a rehearing within 30 days, a motion to withdraw a plea within 60 days, or a motion to vacate a judgment within two years.
The State can prove an alleged offender’s had knowledge of a suspension, revocation, cancellation, or disqualification if:
- The alleged offender was previously cited for driving while license suspended, revoked, canceled, or disqualified;
- The alleged offender admitted to knowledge of the cancellation, suspension, or revocation; or
- The alleged offender received notice of any judgment or court order canceling, suspending, or revoking the license.
If a person had knowledge of the suspension, revocation, cancellation, or disqualification, the criminal offense becomes punishable as follows:
- First Offense — Second-degree misdemeanor punishable by up to 60 days in jail and a fine of up to $500;
- Second Conviction — First-degree misdemeanor punishable by up to one year in jail and a fine of up to $1,000; and
- Third or Subsequent Conviction — Third-degree felony punishable by up to five years in prison and a fine of up to $5,000.
When an alleged offender was designated as an HTO, any driving while license suspended, revoked, canceled, or disqualified offense is a third-degree felony.
Driver License Suspensions and Revocations | Florida Highway Safety and Motor Vehicles (FLHSMV) — On this section of the FLHSMV website, you can find information about driver's license suspensions and revocations in Florida. Learn more about suspensions for failure to comply with or appear at a traffic summons, failure to pay a fine, and failure to complete driver improvement school. The website also has information about such factors as inadequate vision and traffic tickets received in other states.
Find a Driving While License Suspended Attorney in Florida
Were you arrested for allegedly driving while your license was suspended, revoked, canceled, or disqualified in South Florida? Do not say anything to authorities until you have first contacted Meltzer & Bell, P.A..
are experienced traffic ticket lawyers in Fort Lauderdale who represent individuals in communities all over Miami-Dade County, Palm Beach County, Broward County, and Martin County.
Call (561) 500-5000 or fill out an online contact form to have our attorneys provide a complete evaluation of your case during a free initial consultation.