Driving While License is Suspended
Motorists who drive motor vehicles in Florida when they knows that their driver’s licenses have been suspended or revoked can face criminal charges that may result in possible jail or prison sentences as well as significant fines. Many people, however, may have been completely unaware that their driving privileges had been canceled, suspended, or revoked.
While driving on a suspended license becomes only a moving violation when an alleged offender did not know of the loss of his or her driving privileges, paying the resulting ticket can still have profound consequences. Driving while license suspended, revoked, canceled, or disqualified convictions are offenses that can lead to a motorist being classified as a habitual traffic offender (HTO), a designation that involves that person’s license being revoked for five years and making him or her ineligible to even request a hardship license for one year.Lawyer for Driving While License is Suspended in Broward County, FL
If you were arrested or cited for allegedly driving while your license was suspended, revoked, canceled, or disqualified in Florida, it is in your best interest to immediately retain legal counsel for help achieving the most favorable outcome to your case. The Hoffman Firm aggressively defends clients all over Broward County, including Miramar, Plantation, Hallandale Beach, Margate, Hollywood, and many other nearby communities.
As a former Assistant State Attorney for the Broward County State Attorney’s Office, Fort Lauderdale criminal defense attorney Evan A. Hoffman has experience handling these types of cases on both sides of the aisle. He can provide a full evaluation of your case as soon as you call (954) 524-4474 to schedule a free initial consultation.
Fort Lauderdale Driving With Suspended License Information Center
- Why do driver’s licenses usually get suspended?
- What are the consequences of being convicted of this offense?
- Where can I find more information about driving while a license is suspended in Broward County?
Reasons Why Driver’s Licenses Get Suspended in Florida
The Florida Department of Highway Safety and Motor Vehicles (DHSMV) can suspend the driver’s licenses of motorists who accumulate too many points on their driving records. People can have their licenses suspended for 30 days if they accumulate 12 points within 12 months, three months if they accumulate 18 points within 18 months, or one year if they accumulate 24 points within 36 months.
Some of the other reasons that alleged offenders might have their licenses suspended include, but are not limited to:
- Refusal to submit to DUI chemical test;
- Being designated as an HTO;
- Failure to pay traffic tickets;
- Non-DUI traffic violation resulting in death or serious bodily injury;
- Failure to appear in court;
- Convictions for driving under the influence (DUI);
- Failure to complete court-ordered school;
- 15 unexcused school absences in 90 days;
- Failure to maintain automobile insurance;
- Convictions for certain criminal traffic offenses;
- Failure to pay civil judgment, court costs, or fines;
- Convictions for certain drug and theft offenses;
- Failure to submit a vision report (Inadequate/Field of Vision);
- Failing driving tests;
- Failure to comply with traffic summons;
- Having certain medical conditions; or
- Failure to pay child support.
Driving While License is Suspended Penalties in Broward County
When a motorist drives a vehicle in Florida while his or her driver’s license or privilege is canceled, suspended, or revoked, the offense is considered a moving violation under Florida Statute § 322.34 if the alleged offender did not know that his or her license was canceled, suspended, or revoked. The state can prove an alleged offender’s knowledge of the cancellation, suspension, or revocation 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.
When an alleged offender knew that his or her license was canceled, suspended, or revoked, driving while license suspended, revoked, canceled, or disqualified becomes a criminal traffic offense that is punishable as follows:
- First Offense — Second-degree misdemeanor punishable by a maximum sentence of 60 days in jail and/or a maximum fine of $500;
- Second Conviction — First-degree misdemeanor punishable by a maximum sentence of one year in jail and/or a maximum fine of $1,000; and
- Third or Subsequent Conviction — Third-degree felony punishable by a maximum sentence of five years in prison and/or a maximum fine of $5,000.
Any driving while license suspended, revoked, canceled, or disqualified offense is classified as a third-degree felony when an alleged offender has been designated as an HTO. Under Florida Statute § 322.264, an HTO is defined as any motorist who, within a five-year period, accumulate 15 convictions for moving traffic offenses for which points may be assessed or three or more convictions of any combination of the following offenses arising out of separate acts:
- Any DUI violation;
- Any felony in the commission of which a motor vehicle is used;
- Driving a motor vehicle while his or her license is suspended or revoked;
- Driving a commercial motor vehicle while his or her privilege is disqualified.
- Failing to stop and render aid as required under the laws of this state in the event of a motor vehicle crash resulting in the death or personal injury of another; or
- Voluntary or involuntary manslaughter resulting from the operation of a motor vehicle.
Florida Driving While License is Suspended Resources
Driver Licenses and D6 Suspensions | Broward County Clerk of Court — Visit this section of the Broward County Clerk of Court’s website to find answers to many frequently asked questions about drivers licenses and suspensions. Learn more about the cost of a driver license reinstatement, the requirements for paying a citation that has caused a license suspension, and driver licenses searches. You can also find information about reinstatement through the Clerk of Courts website.
Clerk of the Courts
201 S.E. 6th Street
Fort Lauderdale, FL 33301
Driver License Check | Florida Department of Highway Safety and Motor Vehicles (DHSMV) — On this website you can check the status of your Florida driver’s license. Simply enter your driver license and a CAPTCHA answer to access your driving record. If the check shows "VALID," it indicates that the DHSMV has already received information and cleared your record.
Were you recently ticketed or arrested for allegedly driving while your license was suspended, revoked, canceled, or disqualified in Florida? You should avoid saying anything to authorities until you have first contacted The Hoffman Firm.
Evan A. Hoffman is an experienced criminal defense attorney in Fort Lauderdale who represents clients in Pembroke Pines, Davie, Lauderhill, Cooper City, Pompano Beach, and several surrounding areas of Broward County. Call (954) 524-4474 or complete an online contact form today to have our lawyer review your case and answer all of your legal questions during a free, confidential consultation.