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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.
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.
The elements of the crime include:
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:
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.
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.
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.
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