Questions & Answers about Florida Suspended Drivers Licenses
1. Why is my drivers license suspended?
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 with 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 traffic 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.
- 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.
- 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 with a Suspended Drivers License ticket?
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). (407) 841-5555.
3. Are there any defenses to a Driving with a Suspended Drivers License ticket?
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 drivers 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).
The Department of Highway Safety and Motor Vehicles is doing this 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 (unless dealt with by a qualified attorney). This is why it is so important to consult with an attorney whenever you receive this type of traffic ticket.
We have successfully gotten people's driving privilege reinstated after they have been suspended for 5-years so there is hope. Contact us for more information - (407) 841-5555.
5. Is there anything I can do to stop the DMV from suspending my drivers license for five-years after I have received this letter?
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 contact us to discuss this with you.
