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Driving on Suspended Driver's License

Allegations of driving on a suspended or revoked driver's license can be charged in one of five different ways depending on how many prior offenses are on the person's driving record, and whether the offense occurred with or without knowledge of the suspension.

Gainesville Driving on a Suspended License Defense Lawyer

If you have been charged with driving on a suspended or revoked driver's license, then contact Dean Galigani to discuss your case in Gainesville, Alachua County, Florida, or the surrounding areas including: Columbia County, Gilchrist County, Levy County, Ocala in Marion County, or Union County.

Florida Statute Section 322.34 - DWLSR

Florida's statute on driving with a suspended or revoked driver's license under § 322.34 requires that the driver knew of the suspension or revocation of the driving privileges. Knowledge can be proven in a number of different ways. In many cases, the arresting officer will interrogate the person asking them questions in an attempt to get the driver to admit that he or she knew that the driver's license was suspended or revoked.

In other cases, the individuals driving record can be used to establish "constructive" knowledge when the court ordered the suspension or when the person failed to pay a criminal penalty in a prior case. Under most circumstances, the failure to pay a civil infraction or traffic ticket is not sufficient to establish "constructive" knowledge.

Additionally, if the person was pulled over previously and cited for the civil version of driving while license suspended without knowledge and never reinstated the driver's license, then the next time the person is stopped, knowledge can be proven even if the person does not admit knowledge.

Types of DWLSR Charges

Florida law provides for different types of charges. If the person drove without knowledge that the driving privileges were revoked or suspended, then the offense can only be charged as a civil infraction. If the offense occurred with knowledge of the suspension or revocation then the offense can be charged as follows:

• A first offense can be charged as a second-degree misdemeanor punishable by up to 60 days in jail or six months of probation and/or a $500 fine;
• A second offense can be charged as a first-degree misdemeanor punishable by up to 364 days in jail or twelve months probation and/or a $1,000 fine.
• Under certain circumstances, a third or subsequent offense can be charged as a third-degree felony punishable by up to five years in Florida State Prison and/or a $5,000 fine.
• Alternatively, if the person had been designated as a "habitual traffic offender" then the offense can be charged as a third-degree felony punishable by up to five years in Florida State Prison and/or a $5,000 fine.

Finding a Qualified Attorney for a DWLSR case in Gainesville, Alachua County, FL

If you were charged with a criminal offense for driving while license suspended or revoked with knowledge, then contact an experienced traffic crime attorney at the Galigani Law Firm. 

He works with his clients to clear up their driving record before negotiating the best possible result in the case. In many of these cases, the officer will accuse the person of driving with knowledge of the suspension when the evidence is insufficient to prove the knowledge element. By filing a motion to dismiss, the Court can review that part of the case before trial.

Alternatively, if the officer stopped the vehicle without probable cause that a traffic infraction or criminal offense had occurred, then a motion to suppress may result in all evidence being thrown out by the court.

Defenses available in your case will depend on the facts. Contact an experienced attorney today to discuss your charges for driving while license suspended in Gainesville, Alachua County or a surrounding area including: Starke in Bradford County, Macclenny in Baker County, Lake Butler in Union County, Ocala in Marion County, Trenton in Gilchrist County, Lake City in Columbia County, Florida.