Millions of people rely on motor vehicles every day, but for those who choose to drive on a suspended or revoked license, the consequences for doing so will be swift and severe. If you have been charged with driving on a suspended or revoked license, contact Adam Stout, a criminal defense attorney located in Gainesville, Florida, for your free consultation today.
Reasons for License Suspension
Under Florida Statute 322.27, a driver’s license can be suspended if someone does any one of the following things:
- Driving Under the Influence;
- Refusing to Submit to Blood Alcohol Content Testing;
- Possessing and/or Sells a Controlled Substance;
- Fails to Maintain Automobile Insurance;
- Fails to Pay Court-Ordered Fines and/or Fees;
- Amasses 12 points on a State-Maintained Driving Record for Driving Violations;
- Commits Petit Theft; or
- Engages in Street or Highway Racing.
Habitual Traffic Offender
Under Florida Statute 322.264, a person can qualify as a habitual traffic offender if he or she has been convicted of one or more of the following offenses within a five-year period:
- Voluntary or Involuntary Vehicular Manslaughter;
- Driving Under the Influence;
- Using a Motor Vehicle During the Commission of a Felony;
- Driving on a Suspended or Revoked License;
- Failing to Stop and Provide Aid (as required by law) After a Motor Vehicle Accident;
- Unlawfully Operating a Commercial Vehicle; and/or
- Amassing 15 or More Moving Traffic Violations.
The Difference Between License Suspension & Revocation
A driver’s license suspension is not permanent. In some instances, a suspension will be imposed for a period of time, e.g. 12 months. In other cases, all you have to do to reinstate your driving privileges is take certain action. This most commonly occurs when you let your automobile insurance lapse. If this should happen, you may be permitted to reinstate your driving privileges if you provide proof to the DMV that you now have sufficient automobile insurance coverage.
In contrast, a driver’s license revocation can be permanent. If your driving privileges have been revoked, you must apply to the DMV for full or partial reinstatement of driving privileges. This would involve an investigation conducted by the DMV.
Penalties for Driving With a Suspended or Revoked License
The penalties for driving with a suspended or revoked license are as follows:
- First Conviction: If this is the first time you’ve been arrested for driving with a suspended or revoked license, the State can charge you with a second-degree misdemeanor punishable by up to 60 days in jail and up to a $500 fine. For more information, see Florida Statute 322.34(2)(a).
- Second Conviction: If you are arrested for driving with a suspended or revoked license, and have been previously convicted of the same offense, the State can charge you with a first-degree misdemeanor punishable by up to 1 year in jail and up to a $1,000 fine. For more information, see Florida Statute 322.34(2)(b).
- Third Conviction: If you have been convicted of driving on a suspended or revoked license twice before, and are arrested again for the same offense, the State can charge you with a third-degree felony punishable by up to 5 years in state prison and up to a $5,000 fine. Moreover, you could be designated as a Habitual Traffic Offender. For more information, see Florida Statute 322.34(2)(c).
If you have been caught driving with a suspended or revoked license, it is very important to contact Adam Stout, an experienced criminal defense attorney, for a free consultation to discuss your case. Adam’s prior experience as a prosecutor gives him the inside track in understanding how the State may approach your case should you be charged with a crime. Don’t let a driving with a suspended or revoked license charge derail your future, call today!