In the state of Florida, the sentence for conviction of the crime of driving with a suspended license, canceled license, or revoked license depends upon whether the offense is the first, second, or third offense.
A first offense is penalized as a second-degree misdemeanor. Under Florida law, a second-degree misdemeanor is punishable by jail time of up to 60 days. A second-degree misdemeanor is also punishable by payment of a fine of up to $500.00.
To obtain a conviction, the prosecution must prove that the person knew their driver’s license had been suspended, canceled, or revoked at the time the person was driving. Drivers typically are given notice of license suspension or revocation by mail from the Florida Department of Highway Safety and Motor Vehicles (DHSMV).
A second offense of driving without a license is punishable as a first-degree misdemeanor. The punishment for a first-degree misdemeanor is a maximum of a year in jail and/or payment of a fine of up to $1,000. To obtain a conviction, the prosecution must prove that the person knew their license had been suspended, canceled, or revoked at the time the person was driving.
A third conviction for the offense of driving without a license constitutes a third-degree felony. The punishment for a third-degree felony in Florida is a term of a maximum of 5 years in prison and/or payment of a fine of up to $5,000. Again, to obtain a conviction, the prosecution must prove that the person knew their driver’s license had been suspended, canceled, or revoked at the time the person was driving.
A local Florida lawyer would be able to explain the Florida system of criminal offenses.
How Do I Know if My Drivers License is Suspended?
Florida drivers are given notice of license suspension or revocation by mail from the DHSMV. If the notice is not given notice, or If the driver does not otherwise know of the suspension, the person may assert lack of knowledge as a defense.
It is important to keep in mind that a person also loses their license if they refuse a breath or blood test after being arrested for driving under the influence (DUI). For a first refusal, the driver loses their license for 18 months.
How Do I Know How Many Points Are On My License?
Florida assigns “points” to specific traffic law violations. Individuals who receive a certain number of points within a given time frame are subject to license suspension. The DHSMV website provides information on the point values assigned to specific traffic offenses.
An individual may determine the number of points on their license by calling or going to their local DHSMV office. If the person gives their driver’s license number, the office informs them of the number of points on their record.
How Long Does a License Suspension Last?
In Florida, if a person accumulates 12 points within 12 months, they receive a 30-day suspension. If a person accumulates 18 points within 18 months, they receive a 3-month suspension. Accumulating 24 points within 36 months results in a 1-year suspension.
A person’s driver’s license may be suspended for a variety of reasons, including the following:
- Failure to pay a traffic fine puts points on a person’s record;
- Failure to meet minimum vision standards adds points;
- Driving under the influence (DUI) may result in a suspension;
- Causing an accident that results in serious bodily injury or death.
The length of time of the suspension depends on the specific reason for it. As noted above, suspension for a first refusal to submit to a breath or blood test after being arrested for DUI brings a suspension of 18 months. The suspension lasts longer for a second or subsequent refusal.
If a person is at risk of suspension because they are charged with a criminal offense, they would want to consult a Florida criminal defense attorney.
What Can Cause Points to Be Added to My Drivers License?
Some traffic offenses and their associated point values are as follows:
- Reckless driving: 4 points;
- Motor vehicle crash in which an individual leaves the scene: 6 points;
- Careless driving: 3 points;
- Speeding: 3 points.
Multiple infractions of the same law result in the accumulation of increased point values. For example, a speeding ticket carries a point value of 3 points. Two speeding tickets, therefore, carry a value of 6 points.
How Can I Reduce the Points on My Drivers License?
People who attend and complete a basic driver improvement class are eligible for a point reduction. People must register for classes, pay any required class fees, and present a certificate of class completion to the state.
How Do I Get My License Back After Suspension?
In order to reinstate a suspended driver’s license, a person must report to a Florida DHSMV and pay the required fee to reinstate a driver’s license. A person may have to pay more depending on the reason for the suspension.
A person’s suspension might have been the result of a traffic or criminal offense. If this is the case, they may also need to submit additional documents or satisfy additional DHSMV requirements.
In some situations, a person may be able to qualify for a hardship license, which a person can use until their suspended Florida driver’s license is reinstated.
A driver’s best bet would be to report to a Florida DHSMV office a few weeks before their suspension is due to end and get reliable and accurate information about exactly what they must do to reinstate their license when the time arrives.
How Long Does It Take To Get My License Back After It Has Been Suspended in Florida?
First of all, it is important to note that if a person delays turning in their license, this results in an extended period of suspension. A suspension does not even begin until the driver turns in their driver’s license. It is reinstated when the suspension period ends. The length of the suspension depends on several factors, as noted above.
How long it takes a driver to get their license back depends in part on the driver. As noted above, the driver must report to a Florida DHSMV office and pay the reinstatement fee. The driver may owe additional fees depending on the reason for which their license was suspended.
The driver may also be required to present additional documents or satisfy other requirements, again, depending on the reason for which their license was suspended.
Only when a driver has satisfied all the requirements for reinstatement is their license restored.
Do I Need a Lawyer for Help With My Driver’s License Suspension?
Observing Florida traffic laws and attending to financial obligations, such as child support payments, is the best way to avoid a costly license suspension. Under Florida law, a valid suspension of a driver’s license results in loss of driving privileges. You should consult a Florida traffic violation attorney if your license has been suspended.
LegalMatch.com can connect you to an attorney who can assist you with obtaining a hardship license or license reinstatement.
If you are charged with driving with a suspended license, you should contact a Florida criminal defense attorney. An experienced Florida criminal defense attorney can explain your rights and options and can represent you in court. LegalMatch.com can connect you to a criminal defense attorney who can protect your rights.
