The Penalties For Driving On A Suspended License In Florida Are: Your first conviction may be a second-degree misdemeanor, punishable by a maximum fine of $500 and a maximum of 60 days in jail. Except as provided in subsection (2), any person whose drivers license or driving privilege has been canceled, suspended, or revoked, except a habitual traffic offender as defined in s. Any person whose drivers license or driving privilege has been canceled, suspended, or revoked as provided by law, except persons defined in s. A first conviction is guilty of a misdemeanor of the second degree, punishable as provided in s. A second conviction is guilty of a misdemeanor of the first degree, punishable as provided in s. A third or subsequent conviction is guilty of a felony of the third degree, punishable as provided in s. In any proceeding for a violation of this section, a court may consider evidence, other than that specified in subsection (2), that the person knowingly violated this section. In some cases, the accused have paid the speeding tickets cited as the reason for the suspension. Call (954) 765-6585 today. It may be the most common type of case in county (misdemeanor) court in Florida. The attorneys at the Sammis Law Firm represent clients on driving while license suspended with knowledge throughout Hillsborough County, FL, including at the courthouse in Tampa and Plant City. A criminal DWLS is when someone is driving with a suspended license with knowledge. 95-202; s. 1, ch. Your lawyer will want to take a look at your license suspension notice, charge information and any other citation or relevant documents to your case. Because Florida law requires that inmates serve 85 percent of their sentences, with credit for time already served, the earliest Smith could be released is in 48 years. APP. Prosecutors and judges handle a lot of DWLS cases. If you meet their qualification requirements, your attorney may petition the court to observe the clerk rule in your case. Your second conviction may be a first-degree misdemeanor, punishable by a maximum $1,000 fine and a maximum of one year in jail. Learn more about the attorney's qualifications and experience in fighting criminal cases. Second, it will depend on the severity of your offense; and finally, it will depend on whether or not your state allows for insurance increases after a single moving violation. 2009-206; s. 4, ch. 99-248; s. 85, ch. The element of knowledge is satisfied if the person has been previously cited as provided in subsection (1); or the person admits to knowledge of the cancellation, suspension, or revocation, or suspension or revocation equivalent status; or the person received notice as provided in subsection (4). Many continue to drive and face stiff penalties. Appellate courts have further added that "[p]robation may be revoked only upon a showing that the probationer deliberately and willfully violated one or more . You may think that this charge isnt as serious as it sounds. Subsequent convictions have a minimum sentence of 180 days in jail. Home Driving / Traffic Offenses Driving with a Suspended License With Knowledge. Schedule. A second or subsequent charge for driving while license suspended or revoked with knowledge in Florida is a first-degree misdemeanor punishable by twelve (12) months in the county jail and a one thousand ($1,000) dollar fine. If the arresting officer finds in the affirmative as to all of the criteria in paragraph (a), the officer shall immediately impound or immobilize the vehicle. We update the information on this website periodically, but the information on this site should not be used as legal advice for your personal problem. Notwithstanding any other provision of this section, if a person does not have a prior forcible felony conviction as defined in s. Failing to pay child support as provided in s. Failing to pay any other financial obligation as provided in s. Failing to comply with a civil penalty required in s. Failing to maintain vehicular financial responsibility as required by chapter 324; Failing to comply with attendance or other requirements for minors as set forth in s. Having been designated a habitual traffic offender under s. 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. 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. A person who does not hold a commercial drivers license and who is cited for an offense of knowingly driving while his or her license is suspended, revoked, or canceled for any of the underlying violations listed in paragraph (10)(a) may, in lieu of payment of fine or court appearance, elect to enter a plea of nolo contendere and provide proof of compliance to the clerk of the court, designated official, or authorized operator of a traffic violations bureau. The use of the Internet for communication with the firm or any individual member of the firm does not establish an attorney-client relationship. DWLS charges can be either criminal or civil in nature. Most drug possession crimes in Florida are third degree felonies. 6-Point Infractions The statute provides the court with the ability to withhold adjudication after the imposition of a probation sentence without imposing upon the defendant a conviction . Publications, Help Searching Because it prevents the authorities from using your offense to designate you as a Habitual Traffic Offender. On the other hand, a withhold of adjudication on a civil traffic citation for DWLS without knowledge does not count toward the three strikes that trigger the 5 year HTO revocation. If the vehicle is a rental vehicle subject to a written contract, the charges may be separately charged to the renter, in addition to the rental rate, along with other separate fees, charges, and recoupments disclosed on the rental agreement. First-time offenders usually do not receive a jail or probation sentence. We offer a free case evaluation and some advice on your situation, before you even have to make a decision to hire us. Whether the suspension, revocation, or suspension or revocation equivalent status was made under s. Whether the driver is the registered owner or co-owner of the vehicle. 95-202; s. 1, ch. You should not rely on this information when making decisions about your case. If lights and sirens are active and you are driving at a high speed or recklessly, it is a second-degree felony. There is a little known election available through the Clerk of Court that allows a person charged with civil or criminal DWLS to resolve their case without appearing before a judge or being convicted. - Privacy Policy - Lawyer Website Design by: INTERNET LAVA, driving with a suspended or revoked driver license, any prior convictions for a forcible felony under Florida Statute Section 776.08; and. Knowingly driving on a suspended or revoked drivers license is a criminal offense that comes with criminal penalties. If adjudication is withheld under paragraph (a), such action is not a conviction. Whether the suspension or revocation was made under s. 316.646 or s. 627.733, relating to failure to maintain required security, or under s. 322.264, relating to habitual traffic . Raulerson v. State, 763 So. [3], Importantly, a DWLS resolved with the Clerk of Court election does not count as a conviction for enhancement purposes and cannot be used by the Florida DHSMV as a predicate offense towards a five-year Habitual Traffic Offender driver license revocation. There shall be a rebuttable presumption that the knowledge requirement is satisfied if a judgment or order as provided in subsection (4) appears in the departments records for any case except for one involving a suspension by the department for failure to pay a traffic fine or for a financial responsibility violation. 8135(60); s. 46, ch. The attorneys at Sammis Law Firm are experienced in representing clients charged with driving while license suspended or revoked. Joint Administrative Procedures Committee (JAPC), Joint Committee on Public Counsel Oversight(JCPO), Joint Legislative Auditing Committee (JLAC), Joint Legislative Budget Commission (JLBC), Joint Select Committee on Collective Bargaining (JSCB), Office of Program Policy Analysis & Government Accountability (OPPAGA), Florida Legislative Committee on Intergovernmental Relations (LCIR), Joint Legislative Committee on Everglades Oversight (JCEO), Joint Legislative Sunset Committee (JCSC), Copyright 1995-2023 The Florida Legislature . A third or subsequent charge of driving with a suspended or revoked drivers license can be charged as a first-degree misdemeanor, or under certain circumstances as a third-degree felony, which is punishable by five years in Florida State Prison and a $5,000 fine. If you qualify for the Clerk of Court election, a valid, renewed, or reinstated driver license, must be presented to the Clerk of Court who is then authorized to dispose of the case outside of the normal channel of prosecution by accepting a written plea of nolo contendere and imposing minimal court costs. 2010-107; s. 39, ch. The driver received a court order, judgment, or administrative order containing a notice that the persons driver license was being suspended, canceled, or revoked. But, license suspensions due to reasons such as failure to pay fines, court fees, and even child support are more common than you may think. 257.904 Operating vehicle if license, registration certificate, or vehicle group designation suspended, revoked, or denied; penalty; extending period of suspension or revocation; enhanced sentence; furnishing record to court; applicability. 2016-179; s. 10, ch. 625 ILCS 5/6-303. 99-13; s. 1, ch. The maximum sentence and penalties for a DWLSR charge depend on the way the crime is charged including: A first offense of driving while license revoked or suspended with knowledge in Florida is a second-degree misdemeanor punishable by up to sixty (60) days in the county jail or six months of probation. Fax: 813.276.1600, Sammis Law Firm You may have heard this term used interchangeably with driving while license revoked. Therefore, many offenders dont even hear about their suspension until theyre pulled over for a traffic offense. Driving while license suspended, revoked, canceled, or disqualified. Either the arresting agency or the towing service, whichever is in possession of the vehicle, shall determine whether any vehicle impounded or immobilized under this section has been leased or rented or if there are any persons of record with a lien upon the vehicle. Can be either criminal or civil in nature drug possession crimes in Florida are third degree.... 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