Driving While License Suspended

Driving While License Suspended

Tampa Suspended License Attorney

In Florida, it is a crime to drive while your license is suspended, revoked, or cancelled.

To convict an accused of Driving While License Suspended, Revoked, or Cancelled, the prosecutor must prove:

  1. The accused drove a motor vehicle upon a highway in this state.
  1. At the time, his or her license driving privilege was suspended, revoked, or cancelled.
  1. At the time accused drove a motor vehicle upon a highway in this state, the accused knew that his or her license or driving privilege was suspended, revoked, or canceled.

Maximum Penalties for Driving on a Suspended Driver’s License in Florida
A first conviction for Driving on a Suspended Driver’s License is a second-degree misdemeanor punishable by a maximum of:

60 days in jail
6 months of probation
$500 fine

A second conviction for Driving on a Suspended Driver’s License is a first-degree misdemeanor punishable by a maximum of:

One year of imprisonment
A $1,000.00 fine
12 months of probation

With a third or subsequent conviction for Driving on a Suspended Driver’s License, it gets complicated.

If the defendant has no prior convictions for a forcible felony (felonies which involve the use or threat of physical force) and the defendant’s driver’s license is suspended for certain reasons (e.g. failure to pay child support, failure to pay car insurance, failure to pay traffic tickets, failure to pay court fees, failure to comply with school attendance for minors) then a third or subsequent conviction for Driving on a Suspended Driver’s License is a first-degree misdemeanor.

Otherwise, a third or subsequent conviction for Driving on a Suspended Driver’s License is a third-degree felony punishable by a maximum of:

Five years of imprisonment
A $5,000.00 fine
5 years of probation

Possible Defenses to a Florida Driving While License Suspended, Cancelled or Revoked Charge

The Traffic Stop Was Unlawful
When a law enforcement officer stops a vehicle unlawfully, any evidence the officer obtains as a result of the stop will be inadmissible in court.

For example, suppose an officer stops a passenger vehicle because one of its three brake lights is broken, and during the stop, the officer discovers that the driver’s license is suspended.  Because Florida Law only requires passenger vehicles to have two working brake lights, the stop was unlawful.  Because the officer discovered that the driver was driving on a suspended license during the unlawful stop, an attorney could file a motion to suppress the evidence and the case might be dismissed.

Attacking Prior Convictions
People charged with Felony Driving While License Suspended, Cancelled or Revoked because it is their third offense might be able to get their driver’s license back by attacking the underlying offenses that caused the suspension.This often occurs when a person previously pled guilty to a Driving While License Suspended, Cancelled or Revoked charge without the benefit of an attorney.

Lack of Knowledge
In order to convict an accused of Driving While License Suspended, Cancelled or Revoked, the prosecutor must prove beyond a reasonable doubt that at the time the accused drove, the accused knew that his or her license was suspended, revoked, or canceled.  Depending on the facts of your case, this could be a defense.

Are you looking for the best Driving While License Suspended lawyer in Tampa Florida? Contact Attorney David C. Hardy.

Tampa Attorney David C. Hardy is a former prosecutor that now represents persons accused of Driving While License Suspended, Revoked, or Cancelled.  He is Board Certified by the Florida Bar and the National Board of Trial Advocacy as an Expert in Criminal Trial Law. As a prosecutor and defense attorney, he has extensive experience handling suspended license cases.

If you or a loved one has been arrested for Driving While License Suspended, Revoked, or Cancelled in Hillsborough County Florida, Pinellas County Florida, or Pasco County Florida, Attorney David C. Hardy has the knowledge, skills, and experience to guide you through this process and obtain the best possible results.