The Kaigle Law Firm Arrested? Contact Us Now!

Contact Us Now For Free Consultation!

Fields marked with * are required


In Florida, Driving While License Suspended law is pretty straightforward and is defined as the operation of a motor vehicle while a person’s license is suspended. Further, it is necessary to show that the person knew their license was suspended at the time they were driving.
 
Proof that you knew your license was suspended can be shown in many ways including that notice of the suspension was sent to you in the mail, that you were adjudicated guilty of a crime that resulted in your driving privileges being suspended, or that you admitted to the police officer that pulled you over that your license was suspended.

Penalties for a Driving While License Suspended Charge

For a first offense, Florida Driving While License Suspended is classified as a second degree misdemeanor punishable by up to:
  1. Sixy days in the county jail;
  2. Six months of supervised probation;
  3. A $500 fine
For a second offense, Florida Driving While License Suspended is classified as a first degree misdemeanor punishable by up to:
  1. One year in the county jail;
  2. One year of supervised probation;
  3. A $1,000 fine
For a thrid or subsequent offense; Florida Driving While License Suspended is classified as a third degree felony punishable by up to:
  1. Five years in state prison;
  2. Five years of supervised probation;
  3. A $5,000 fine
It is also very important to understand taht for purposes of your Florida driving record, a conviction will result in a "strike" being added to your record. If you get three "strikes" on your Florida driving record within a five year period, you will lose your driver's license for five years and be classified as a Habitual Traffic Offender.

A Driving While License Suspended charge counts as a "strike" regardless of adjudication.

Defenses to a Driving While License Suspended Charge

In addition to factual defenses that would be raised at trial to show reasonable doubt as to the crime alleged, some common defenses to a Driving While License Suspended charge in Florida include:

You were not in "actual physical control" of the vehicle
The law defines “actual physical control” as being physically in or on the vehicle with the capability to operate the vehicle. You do not have to be actually operating the vehicle at the time in order to be in actual physical control of it.

If you were not driving or in actual physical control of the vehicle, then you will have an affirmative defense to the Florida Driving While License Suspended charge.

You were not operating the vehicle on a "highway" as defined under Florida law
The Florida definition of “highway” or “street” means the entire width between the boundary lines of every way or place if any part thereof is open for public use for vehicular traffic.
 
In order for you to be in violation of the Florida Driving While License Suspended law, you must have been operating or in actual physical control of the vehicle while on a “street” or “highway” as those terms are defined under Florida law.
 
If you were not on a road or in an area that is not open for vehicle traffic to the public, then you may have a viable defense to the Florida Driving While License Suspended charge.

You didn't know your driver's license was suspended
To be guilty of Driving While License Suspended in Florida, it must be proven that you knew your license was suspended.

The jury will ultimately decide whether you knew your license was suspended or revoked. The state may try to prove you “knew” about the suspension or revocation in many ways.

Some of the common ways the state uses in an attempt to show you knew your license was suspended is by showing that:
  • Your driving record reflects an entry that you had been notified of the suspension via personal delivery or U.S. Mail delivery;
  • You had previously been cited for driving on a suspended license; or
  • You made statements at the time you were pulled over admitting that you knew your license was suspended.
If it cannot be proven that you knew your license was suspended or revoked, you will have a viable defense to a Florida Driving While License Suspended charge.

Contact Orlando Criminal Defense Attorney Chris Kaigle if you’ve been charged with DUI in Florida!
(407) 545-6416