Driving While License Suspended or Revoked
(DWLSR)

OBTAIN A CONSULTATION BY A QUALIFIED LAWYER FOR ALL DWLSR TICKETS

DRIVING WHILE LICENSE SUSPENDED tickets are the most insidious an destructive citations that anyone can receive.  Always consult with an attorney every time you receive such a ticket.

The Big Worry about the "Driving While License Suspended or Revoked" Ticket

If you are found guilty of 3 "Driving While License Suspended or Revoked" tickets within 5 years the Department of Highway Safety and Motor Vehicles will label you a Habitual Traffic Offender (HTO) and your license will be suspended for 5 years.

There are two types of "Driving While License Suspended or Revoked" tickets.  Those "without knowledge" that are civil infractions, and those "with knowledge" that are criminal traffic offenses.  Both types can count towards an HTO 5 year suspension.

What does "WITH or WITHOUT" knowledge mean?

First, it does not mean that you had or did not have personal knowledge of the suspension.  When your driver's license is suspended the DMV sends notice in the form of a non-forwarding letter to the address listed on your driver's license.  An annotation is put on your driving record indicating that such notice was sent.  If it is annotated on your record then you "have knowledge" of the suspension and the law enforcement officer can arrest you and take you to jail for driving.

This "notice" as knowledge does not work for two types of driver's license suspensions.  These are suspensions for failing to pay for a ticket and financial responsibility suspensions (failing to maintain insurance coverage on your vehicle or failure to pay child support).  However, multiple "Driving While License Suspended or Revoked" tickets on the same suspension will infer that knowledge.

The Civil Infraction "without knowledge"

These are handed out like any other infraction and usually fool the driver by thinking it is just another ticket.  These are the types of "Driving While License Suspended or Revoked" tickets that the DMV sometimes counts towards the 3 within 5 years.  You obviously do not want DMV to count these as one of the 3 within 5 years.  A dismissal or withhold of the adjudication will keep this type "Driving While License Suspended or Revoked" (without knowledge) ticket from counting.  If you just pay the ticket then the Department of Highway Safety and Motor Vehicles will count this as one of three within five years that could designate you as a habitual traffic offender.

There is a way for you to avoid this, however, the option that section 318.14(10), Fla. Stat. provides is not well known and is hardly used.  It requires that the motorist and the clerk of court both understand the process - and this almost never happens. 

The Department of Highway Safety and Motor Vehicles, the same people that are so willing to suspend your license, report that in 2003 out of the 186,493 tickets issued for DWLSR only 0.003% (655) utilized their election under section 318.14(10), Fla. Stat.  In 2004, the number was 872 (or 0.004%).  In 2005, the number was 973 out of 209,411 tickets issued (0.004%).  For those same years a majority of motorists simply paid the ticket setting themselves up for the habitual traffic offender suspension (in 2003 over 45%, in 2004 over 45%, and in 2005 over 46%).  Do Not Just Pay This Ticket! (If you have already, click HERE)

The Criminal Infraction "with knowledge"

This is the criminal infraction.  This is the one that will land you in jail.  This is the one with a mandatory court appearance.  The only way to keep this from counting towards one of the 3 within 5 years that will Habitualize you is to have it dismissed or amended to something other than "Driving While License Suspended or Revoked" (with knowledge).  The good thing is that you are not fooled into believing that taking responsibility of it will resolve it like the "without knowledge" ticket.

Getting this type of charge amended or dismissed will not happen without the right attorney.  We have dealt with motorists that have hired attorneys only to be pled out to the offense when, upon close examination, it should have been dropped or amended.  Trying to do it without an attorney is problematic.  The prosecutors often feel a pro se defendant can be easily frightened into a plea.

The first thing a motorist needs to do when they receive either type of ticket (civil or criminal) is determine why their license is suspended, correct that situation, and then reinstate their license with the Department of Highway Safety and Motor Vehicles.  This applies whether you hire an attorney or not.

§322.34, Fla. Stat. (2005): Driving while license suspended, revoked, canceled, or disqualified.--

(1) Except as provided in subsection (2), any person whose driver's license or driving privilege has been canceled, suspended, or revoked, except a "habitual traffic offender" as defined in s. 322.264, who drives a vehicle upon the highways of this state while such license or privilege is canceled, suspended, or revoked is guilty of a moving violation, punishable as provided in chapter 318.

(2) Any person whose driver's license or driving privilege has been canceled, suspended, or revoked as provided by law, except persons defined in s. 322.264, who, knowing of such cancellation, suspension, or revocation, drives any motor vehicle upon the highways of this state while such license or privilege is canceled, suspended, or revoked, upon:

(a) A first conviction is guilty of a misdemeanor of the second degree, punishable as provided in s. 775.082 or s. 775.083. Maximum penalties are 60 days in jail and up to $500.00 fine.

(b) A second conviction is guilty of a misdemeanor of the first degree, punishable as provided in s. 775.082 or s. 775.083. Maximum penalties are 365 days in jail and up to $1,000.00 fine.

(c) A third or subsequent conviction is guilty of a felony of the third degree, punishable as provided in s. 775.082, s. 775.083, or s. 775.084. Maximum penalties are 5 years in prison and up to $5,000.00 fine.

The element of knowledge is satisfied if the person has been previously cited as provided in subsection (1); or the person admits to knowledge of the cancellation, suspension, or revocation; or the person received notice as provided in subsection (4). There shall be a rebuttable presumption that the knowledge requirement is satisfied if a judgment or order as provided in subsection (4) appears in the department's records for any case except for one involving a suspension by the department for failure to pay a traffic fine or for a financial responsibility violation.

The above highlighted section is key to your defense!

(3) In any proceeding for a violation of this section, a court may consider evidence, other than that specified in subsection (2), that the person knowingly violated this section.

(4) Any judgment or order rendered by a court or adjudicatory body or any uniform traffic citation that cancels, suspends, or revokes a person's driver's license must contain a provision notifying the person that his or her driver's license has been canceled, suspended, or revoked.

(5) Any person whose driver's license has been revoked pursuant to s. 322.264 (habitual offender) and who drives any motor vehicle upon the highways of this state while such license is revoked is guilty of a felony of the third degree, punishable as provided in s. 775.082, s. 775.083, or s. 775.084. Maximum penalties are 5 years in prison and up to $5,000.00 fine.

(6) Any person who operates a motor vehicle:

(a) Without having a driver's license as required under s. 322.03; or

(b) While his or her driver's license or driving privilege is canceled, suspended, or revoked pursuant to s. 316.655, s. 322.26(8), s. 322.27(2), or s. 322.28(2) or (4),

and who by careless or negligent operation of the motor vehicle causes the death of or serious bodily injury to another human being is guilty of a felony of the third degree, punishable as provided in s. 775.082 or s. 775.083. Maximum penalties are 5 years in prison and up to $5,000.00 fine.

(7) Any person whose driver's license or driving privilege has been canceled, suspended, revoked, or disqualified and who drives a commercial motor vehicle on the highways of this state while such license or privilege is canceled, suspended, revoked, or disqualified, upon:

(a) A first conviction is guilty of a misdemeanor of the first degree, punishable as provided in s. 775.082 or s. 775.083. Maximum penalties are 365 days in jail and up to $1,000.00 fine.

(b) A second or subsequent conviction is guilty of a felony of the third degree, punishable as provided in s. 775.082, s. 775.083, or s. 775.084. Maximum penalties are 5 years in prison and up to $5,000.00 fine.

(8)(a) Upon the arrest of a person for the offense of driving while the person's driver's license or driving privilege is suspended or revoked, the arresting officer shall determine:

1. Whether the person's driver's license is suspended or revoked.

2. Whether the person's driver's license has remained suspended or revoked since a conviction for the offense of driving with a suspended or revoked license.

3. Whether the suspension or revocation was made under s. 316.646 or s. 627.733, relating to failure to maintain required security, or under s. 322.264, relating to habitual traffic offenders.

4. Whether the driver is the registered owner or co-owner of the vehicle.

(b) If the arresting officer finds in the affirmative as to all of the criteria in paragraph (a), the officer shall immediately impound or immobilize the vehicle.

(c) Within 7 business days after the date the arresting agency impounds or immobilizes the vehicle, either the arresting agency or the towing service, whichever is in possession of the vehicle, shall send notice by certified mail, return receipt requested, to any co-registered owners of the vehicle other than the person arrested and to each person of record claiming a lien against the vehicle. All costs and fees for the impoundment or immobilization, including the cost of notification, must be paid by the owner of the vehicle or, if the vehicle is leased, by the person leasing the vehicle.

(d) Either the arresting agency or the towing service, whichever is in possession of the vehicle, shall determine whether any vehicle impounded or immobilized under this section has been leased or rented or if there are any persons of record with a lien upon the vehicle. Either the arresting agency or the towing service, whichever is in possession of the vehicle, shall notify by express courier service with receipt or certified mail, return receipt requested, within 7 business days after the date of the immobilization or impoundment of the vehicle, the registered owner and all persons having a recorded lien against the vehicle that the vehicle has been impounded or immobilized. A lessor, rental car company, or lienholder may then obtain the vehicle, upon payment of any lawful towing or storage charges. If the vehicle is a rental vehicle subject to a written contract, the charges may be separately charged to the renter, in addition to the rental rate, along with other separate fees, charges, and recoupments disclosed on the rental agreement. If the storage facility fails to provide timely notice to a lessor, rental car company, or lienholder as required by this paragraph, the storage facility shall be responsible for payment of any towing or storage charges necessary to release the vehicle to a lessor, rental car company, or lienholder that accrue after the notice period, which charges may then be assessed against the driver of the vehicle if the vehicle was lawfully impounded or immobilized.

(e) Except as provided in paragraph (d), the vehicle shall remain impounded or immobilized for any period imposed by the court until:

1. The owner presents proof of insurance to the arresting agency; or

2. The owner presents proof of sale of the vehicle to the arresting agency and the buyer presents proof of insurance to the arresting agency.

If proof is not presented within 35 days after the impoundment or immobilization, a lien shall be placed upon such vehicle pursuant to s. 713.78.

(f) The owner of a vehicle that is impounded or immobilized under this subsection may, within 10 days after the date the owner has knowledge of the location of the vehicle, file a complaint in the county in which the owner resides to determine whether the vehicle was wrongfully taken or withheld. Upon the filing of a complaint, the owner may have the vehicle released by posting with the court a bond or other adequate security equal to the amount of the costs and fees for impoundment or immobilization, including towing or storage, to ensure the payment of such costs and fees if the owner does not prevail. When the vehicle owner does not prevail on a complaint that the vehicle was wrongfully taken or withheld, he or she must pay the accrued charges for the immobilization or impoundment, including any towing and storage charges assessed against the vehicle. When the bond is posted and the fee is paid as set forth in s. 28.24, the clerk of the court shall issue a certificate releasing the vehicle. At the time of release, after reasonable inspection, the owner must give a receipt to the towing or storage company indicating any loss or damage to the vehicle or to the contents of the vehicle.

(9)(a) A motor vehicle that is driven by a person under the influence of alcohol or drugs in violation of s. 316.193 is subject to seizure and forfeiture under ss. 932.701-932.707 and is subject to liens for recovering, towing, or storing vehicles under s. 713.78 if, at the time of the offense, the person's driver's license is suspended, revoked, or canceled as a result of a prior conviction for driving under the influence.

(b) The law enforcement officer shall notify the Department of Highway Safety and Motor Vehicles of any impoundment or seizure for violation of paragraph (a) in accordance with procedures established by the department.

(c) Notwithstanding s. 932.703(1)(c) or s. 932.7055, when the seizing agency obtains a final judgment granting forfeiture of the motor vehicle under this section, 30 percent of the net proceeds from the sale of the motor vehicle shall be retained by the seizing law enforcement agency and 70 percent shall be deposited in the General Revenue Fund for use by regional workforce boards in providing transportation services for participants of the welfare transition program. In a forfeiture proceeding under this section, the court may consider the extent that the family of the owner has other public or private means of transportation.

Contact Our Office for Help

A single defense that produces one "withhold" of adjudication may be all it takes to keep a person from losing their license for 5 years.  We will discuss your situation regarding your license, liberty, and all possible defenses.  Consultations are free.  Call (407) 841-5555 to set up an appointment today or click HERE to email us.

(10)(a) Any person cited for an offense listed under this subsection may, in lieu of payment of fine or court appearance, elect to enter a plea of nolo contendere and provide proof of compliance to the clerk of the court or authorized operator of a traffic violations bureau. In such case, adjudication shall be withheld; however, no election shall be made under this subsection if such person has made an election under this subsection in the 12 months preceding election hereunder. No person may make more than three elections under this subsection. This subsection applies to the following offenses:

1. Operating a motor vehicle without a valid driver's license in violation of the provisions of s. 322.03, s. 322.065, or s. 322.15(1), or operating a motor vehicle with a license which has been suspended for failure to appear, failure to pay civil penalty, or failure to attend a driver improvement course pursuant to s. 322.291.

2. Operating a motor vehicle without a valid registration in violation of s. 320.0605, s. 320.07, or s. 320.131.

3. Operating a motor vehicle in violation of s. 316.646.

(b) Any person cited for an offense listed in this subsection shall present proof of compliance prior to the scheduled court appearance date. For the purposes of this subsection, proof of compliance shall consist of a valid, renewed, or reinstated driver's license or registration certificate and proper proof of maintenance of security as required by s. 316.646. Notwithstanding waiver of fine, any person establishing proof of compliance shall be assessed court costs of $22, except that a person charged with violation of s. 316.646(1)-(3) may be assessed court costs of $7. One dollar of such costs shall be remitted to the Department of Revenue for deposit into the Child Welfare Training Trust Fund of the Department of Children and Family Services. One dollar of such costs shall be distributed to the Department of Juvenile Justice for deposit into the Juvenile Justice Training Trust Fund. Twelve dollars of such costs shall be distributed to the municipality and $8 shall be deposited by the clerk of the court into the fine and forfeiture fund established pursuant to s. 142.01, if the offense was committed within the municipality. If the offense was committed in an unincorporated area of a county or if the citation was for a violation of s. 316.646(1)-(3), the entire amount shall be deposited by the clerk of the court into the fine and forfeiture fund established pursuant to s. 142.01, except for the moneys to be deposited into the Child Welfare Training Trust Fund and the Juvenile Justice Training Trust Fund. This subsection shall not be construed to authorize the operation of a vehicle without a valid driver's license, without a valid vehicle tag and registration, or without the maintenance of required security.