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No Valid Driver's License

Florida Statute § 322.03 makes it a crime to drive in the State of Florida without a valid driver's license. The criminal offense of "no valid driver's license" is a second-degree misdemeanor punishable by a maximum of 60 days in the county jail and a $500 fine.

Gainesville Defense Lawyer for No Valid Driver's License Charges

If you were charged with "no valid driver's license" under Florida Statute Section 322.03, then contact an experienced criminal defense attorney at the Galigani Law Firm. Dean Galigani represents clients charged with criminal traffic crimes. The goal in many of these cases is to avoid any criminal record, especially for the so-called "first time offender" with no prior criminal record.

Call Dean Galigani to discuss your "no valid driver's license" case in Gainesville, Florida for Alachua County or the surrounding areas of Starke in Bradford County, Lake Butler in Union County, Ocala in Marion County, Trenton in Gilchrist County, Macclenny in Baker County, and Lake City in Columbia County, Florida.

Elements of Florida's No Valid Driver's License Statute

The elements of the crime include:

  • The Defendant drove a motor vehicle upon a highway in the state of Florida; and
  • At the time, he or she did not have a valid driver’s license recognized by the Florida Department of Highway Safety and Motor Vehicles (DHSMV).

Legal Definition of "No Valid Driver's License" in Florida

The term “valid driver’s license” means a driver’s license recognized by the Florida Department of Highway Safety and Motor Vehicles (DHSMV) which has not expired, been suspended, revoked or canceled.

In determining whether the driver's license was valid or not valid, Florida law defines the following terms:

  • “Canceled” means that a license has been declared void and terminated.
  • “Revoked” means the privilege to drive a motor vehicle has been terminated
  • “Suspended” means the privilege to drive a motor vehicle has been temporarily withdrawn.
  • “Expired” means the license was not renewed on or before the expiration date.

Definitions under Florida's No Valid Driver's License Statute

Under § 322.01(26), Fla. Stat., the term “motor vehicle” is defined to mean "any vehicle which is self-propelled, including a “moped,” but not any vehicle moved solely by human power, motorized wheelchair or motorized bicycle."

Florida Statute § 322.01(15), defines the term “drive” to mean "to operate or be in actual physical control of a motor vehicle in any place open to the general public for purposes of vehicular traffic." The term “actual physical control” of a motor vehicle is defined to mean that the "defendant must be physically in or on the vehicle and have the capability to operate the vehicle, regardless of whether he or she is actually operating the vehicle at the time."

Florida Statute § 322.01)(38) defines the term “street or highway” to mean the entire width between the boundary lines of every way or place if any part thereof is open to the use of the public for purposes of vehicular traffic.

Standard Criminal Jury Instructions for No Valid Driver's License

Click here to read Florida's standard criminal jury instructions under 28.9 for No Valid Driver's License were adopted by the Florida Supreme Court in 1981. The standard jury instructions for this offense were amended in 2007.

Finding an Experienced Criminal Defense Attorney for Charges of No Valid Driver's License

If you were arrested for no valid driver's license or issued a "notice to appear" citation for the offense then contact a criminal defense attorney at the Galigani Law Firm. Dean Galigani represents clients charged with "no valid driver's license" under Florida law in Gainesville, Florida for Alachua County or the surrounding areas of Lake Butler in Union County, Starke in Bradford County, Trenton in Gilchrist County, Ocala in Marion County, Lake City in Columbia County, and Macclenny in Baker County, Florida.