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Articles Posted in Traffic offenses

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Felony driving while license suspended is a criminal charge that is taken seriously by prosecutors in Broward County. A person charged with driving with a suspended license may benefit greatly by hiring a skillful Broward County criminal defense attorney. In a recent Florida appellate decision, the court considered a conviction for felony driving while license suspended. The case arose when the defendant was charged with a violation of Florida Statute section 322.34(5). Under this law, habitual traffic offenders who drive with a license revoked under section 322.264 face a third-degree felony penalty.

The defendant filed a sworn motion to dismiss. He argued he hadn’t possessed a Florida driver’s license and so he couldn’t be convicted under section 322.34(5). The lower court granted the defendant’s motion and reduced the charge to driving without a valid driver’s license. The government appealed.

The Third District affirmed the lower court’s order on the grounds that possessing a driver’s license is a prerequisite for a section 322.23(5) offense. The Florida Supreme Court affirmed the Third District. It explained that under Florida Statute section 322.34(5) anybody whose driver’s license was revoked due to her being a habitual offender under section 322.264 and who drives a motor vehicle upon roads of Florida while the license is revoked is guilty of a third-degree felony. Habitual traffic offenders are people who have accumulated several criminal convictions for specified offenses.

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