In Florida, a person's
drivers license can be suspended for many reasons. I've listed several
reasons (not all but the most common) below. This is a brief overview
- if your suspension does not fit any of these explanations please call us.
UNPAID TICKETS:
Easily the biggest culprit is the forgotten ticket. A civil
citation (such as a speeding ticket) must either be paid or you must
notify the Clerk of Court of an election to either take a driving school
or request a hearing within 30 days of the issuance of the ticket.
On day 31, if none have occurred, the Department of Highway Safety and
Motor Vehicles [DMV] will suspend your license. Oops.
AUTOMOBILE
INSURANCE COVERAGE: The DMV suspends licenses on anyone that is
not covered by automobile insurance. This commonly happens in
two ways (although there are more). First, when a person
changes insurance carriers - the old insurer notifies the DMV that
they no longer cover that driver but the new insurer fails to notify
the DMV of the new coverage for the driver. This mix up
happens quite often and can cause a huge headache for someone
charged with the criminal offense of driving on a suspended license
(see below for more info on the difference between criminal and
civil citations for suspended licenses). The second way this
happens is when a person no longer has a car to drive so they cancel
their insurance without realizing that the DMV will then suspend
their license.
MULTIPLE TICKETS FOR
DRIVING WITH A SUSPENDED LICENSE: This is very serious. This
is also the reason why a driver should always consult with
an attorney whenever they receive a ticket for driving on
a suspended license. There are two types of "driving on a
suspended drivers license" tickets. The first is when the
allegation is that you were driving "without" any knowledge that your
license had been suspended. The second is with the allegation that
you were "with" knowledge of the suspension.
WITHOUT
KNOWLEDGE: First let me point out that the "without" or
the "with" knowledge aspect is a complete legal fiction - it has
nothing to do with whether you had actual knowledge. It is
confusing but that is why there are lawyers to help people.
"Without" knowledge tickets are civil citations similar to your
common speeding tickets. There is a fine to pay and life goes
on. We advise everyone to NEVER just pay
these tickets - this is a DMV trap to take your license away for
5-years (see below regarding Habitual Traffic Offenders).
If you just pay this ticket you may have your license suspended for
5 years by the DMV - call us, we can help - and because it is just a
civil citation the legal fee is relatively inexpensive.
WITH KNOWLEDGE:
An allegation that you were driving while your license was suspended
"with" knowledge is a criminal traffic offense. Anytime a
person is charged with a criminal offense their liberty (their
freedom) is at stake. More people are arrested for this
offense each day than any other. Again, the "with" knowledge
aspect of this charge has nothing to do with you having actual
knowledge.
Another thing
to consider. A "driving on a suspended license" ticket
alleging knowledge has a cumulative effect. This means
that each one you receive has a higher punishment potential.
After two convictions future allegations are charged as felony
offenses punishable by up to five years in prison.
CRIMINAL OFFENSE
SANCTION: For many offenses, regardless of whether they involved
driving or a motor vehicle, the law requires that a person's driving
privilege be suspended. The classic example is when someone is
charged with DUI. The less common example is when someone is
charged with theft or possession of pot. These are also serious
because it may also become a violation of probation or of a court order.
2. What should I do
if I receive a Driving While License Suspended ticket (either with or
without knowledge)?
This may sound
self-serving but I strongly suggest that you consult with an attorney
immediately. Most attorneys will take your questions over the
phone. Talk, listen, and if you feel comfortable and confident
with what he or she is telling you consider hiring him or her.
Why? Because these tickets are ticking time-bombs that have the
potential to devastate things you take for granted. Just imagine
not being able to drive a motor vehicle at all. How would you get
to work? to the grocery store? to the bank? These tickets have the
potential to take away your privilege to drive for a very long time.
Every ounce of prevention (or in this case corrective action) is worth
well over a pound of cure (because the law gives you very little wiggle
room to cure these missteps).
3. Are there any
defenses to "driving while license suspended?"
Yes! Each depends
on your particular situation however the goal is the same. The law
regarding driving on a suspended license is complex. For example,
did you know there is a way to bypass the criminal court completely in
some cases? In other cases it is impossible for the State
Attorney's Office to prove their case. Each case is different but
the strategies remain the same and the facts will win the day for you.
Remember that you should never admit (confess) to allegations of illegal
conduct. Keep that rule and the defenses to this offense remain
numerous.
4. I received a
letter from the DMV saying my license has been revoked for FIVE years.
Why are they doing this?
This is what the law
refers to as a Habitual Traffic Offender designation. It carries a
five year suspension and for the first year you are ineligible for a
restricted (Business Purposes) license. This means for 365 days
you will have to find alternative means of getting around other than
driving. If you are caught driving during that first year the DMV
will start the 365 days from the point when you were last caught
driving. It gets worse - if you are caught driving on this
suspension you will be charged with a felony offense punishable by up to
five years in prison (and yes, there are people in Florida prisons for
this offense).
Why they are doing this
is because they believe you have committed three qualifying offenses
within a five year period. The qualifying offenses include felony
offenses using a motor vehicle, DUIs, and Driving on a Suspended License
tickets ("with" or "without" knowledge) among others. Note that
even the "without" knowledge tickets count here. This is why it is
so important to consult with an attorney whenever you receive this type
of ticket.
5. Is there
anything I can do to stop them from suspending my license for five years
after I received this letter from DMV?
Possibly. There
may be an opportunity to go back and correct one or more of the problems
that are causing this to happen to you (if you had contacted an attorney
early on you may have avoided this situation). The Florida
statutes and the Florida Rules of Traffic Court do provide some hope.
Please call us to discuss this with you.
6. I am trying to
provide as many questions and answers as possible on my website to help
people. This is an on going process. If your question was not
answered here please call me at (407) 841-5555. Thank you.
FOR MORE INFORMATION PLEASE CLICK ON
ONE OF THE LINKS BELOW:
TRAFFIC TICKETS
DRIVING WHILE
LICENSE SUSPENDED OR REVOKED
HABITUAL TRAFFIC
OFFENDER
407 841-5555
The
Law Office of
