Eric J. Dirga, P.A.

A Florida Lawyer

Criminal Record Expungements, Criminal and Civil Traffic Cases, Suspended Driver's Licenses

733 West Colonial Drive, Orlando 32801 - (407) 841-5555

Violations of Drivers License Restrictions

If you are required to wear eye-glasses while driving and you get caught not wearing them it is a crime. The same goes for any other restriction (except restrictions based solely on youthful drivers age) that has been placed on your driving privilege. You can find out if you have any restrictions on your driving privilege by looking at your drivers license and seeing if there are any letters next to the word REST on the front of the card. If so, flip it over and see the explanation on the back. You can also find out what the restriction letter means by visiting the Department of Highway Safety and Motor Vehicles website.

I am well versed in defenses to these charges...

I practice criminal and traffic law. I have been doing so since 1995. My staff and I will vigorously defend your case and keep you informed of all new developments. We do not rest until your case has been resolved and we do not avoid trials. I practice criminal trial law and criminal appellate law. I know the law and the defenses that apply to your case. I have studied the law and constantly stay abreast of all new legal cases that may help my clients (See my Law Blog for Attorneys). This is what I do and I want your good word of mouth when your case is resolved.

Penalties for Violation of Driving Restrictions

Section 322.16 of the Florida Statutes makes it a second degree misdemeanor to drive a vehicle in violation of the restrictions placed upon a person as annotated on their drivers license. This makes such a violation of the law serious. A second degree misdemeanor is punishable by up to 60 days in jail and up to a $500 fine.

Collateral Consequences

The Florida Department of Highway Safety and Motor Vehicles is empowered to, upon receiving notice of the "accusation" of the violation, suspend or revoke a person's driving privilege. There is no limit set by statute regarding the length of suspension or revocation. This may be the harshest penalty of all. You are allowed a hearing to challenge any suspension should the Department proceed with a drivers license suspension or revocation.

What a Business Purposes Only restriction means...

According to the 15th Judicial Circuit (Palm Beach County) a "business purposes only" restriction means "a driving privilege that is limited to any driving necessary to maintain livelihood, including driving to and from work, necessary on the job driving, driving for educational purposes, and driving for church and medical purposes." This includes "driving necessary to obtain food." State v. Quiroli, 9 Fla. L. Weekly Supp. 780b (15th Jud. Cir., Sep 12 2002).  In another case, the court concluded that driving to pay a utility bill was also allowed. Vilches v. State, 12 Fla. L. Weekly Supp. 530a (11th Jud. Cir., Mar 29 2005); see also, Allart v. State, 9 Fla. L. Weekly Supp. 499c (6th Jud. Cir., 2001); Britt v. State, 50 Fla. Supp. 2d 16, 17 (9th Jud. Cir., 1991).

The above-quoted case gives some authority for those driving situations but understand that law enforcement can make an arrest even if ultimately it is proven that you were in the right (as in the quoted case). If that happens you should discuss your situation with a criminal traffic attorney as soon thereafter as possible.

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