Driving On A Suspended License
In Pinellas County, law enforcement officers are constantly running license plates on their in-car computers to see if the registered owner of the car has a valid license. If you are stopped at a red light and there is a police officer behind you, there is no question that he is likely to run your tag to check your license status. This provides the officer with an easy reason to pull you over, and potentially issue a citation or arrest you for Driving While License Suspended or Revoked (DWLSR). There are a number of reasons why an individual’s driver’s license could become suspended. These include, unpaid traffic tickets or court fines, child support issues, failure to complete a traffic school, a medical suspension, a DUI arrest or conviction, failure to have automobile insurance, a conviction for a drug offense (Chapter 893 violation), a habitual traffic offender designation, a conviction for Fleeing and Eluding, a conviction for Solicitation of Prostitution, and accumulating too many “points.”
Don’t Let a Small Problem Become a Big Problem
Many people come to our office after being charged with a DWLSR in the St. Petersburg or Clearwater areas. In some cases, the individual had previously received and simply paid a citation for DWLSR in the past. What they did not realize is that if an individual is convicted of three DWLSR offenses in a five-year period, he or she is designated as a “Habitual Traffic Offender” and suffers a five-year license suspension. Thus, the failure to pay a speeding ticket timely can snowball into a big problem.Penalties for Driving on a Suspended License
The potential penalties for Driving While License Suspended or Revoked vary depending on the level of the offense for which the subject is charged. Below is a list of the common levels of punishment for Driving While License Suspended or Revoked and the potential penalties for each offense:- Driving While License Suspended or Revoked Without Knowledge – This offense is a moving violation, punishable by a fine of $166.00. The Court may also impose a driving school. A conviction for this offense will count as one “strike” towards a habitual traffic offender designation. Likewise, a conviction for this offense will result in the imposition of 3 points against the subject’s driver’s license.
- Driving While License Suspended or Revoked With Knowledge – 1st Offense – Under these circumstances, the charge is classified as a 2nd Degree misdemeanor. The subject may be arrested. The maximum penalties include a fine of $500, up to 6 months of probation, or up to 60 days in the county jail.
- Driving While License Suspended or Revoked With Knowledge – 2nd Offense – In this scenario, the charge is classified as a 1st degree misdemeanor. The individual may be arrested for this offense. Maximum penalties include up to a $1,000 fine, one year of probation and up to 365 days in the county jail.
- Driving While License Suspended or Revoked With Knowledge – 3rd or Subsequent Offense – A third or subsequent offense for DWLSR may be prosecuted as a felony. The subject may be arrested. The maximum penalties for this offense include a fine of up to $5,000, 5 years of probation, or up to 5 years in state prison.
- Driving While License Suspended or Revoked – Habitual Traffic Offender – If an individual is caught driving on a suspended license and the basis of the suspension is a designation as a Habitual Traffic Offender, the crime is punishable as a third degree felony. The maximum penalties for this offense include a fine of up to $5,000, 5 years of probation and up to 5 years in state prison.
- Driving While License Suspended or Revoked – Crash Resulting in Serious Injury or Death – If an individual is caught driving on a suspended license and was involved in a crash that resulted in serious injury or death, the offense is prosecutable as a third-degree felony. The subject may be arrested. The potential penalties for this offense include a fine of up to $5,000, 5 years of probation and up to 5 years in state prison.
- Driving While License Permanently Revoked – If an individual is caught driving on a license that has been permanently revoked, he is subject to arrest and may be prosecuted with a third-degree felony. The potential penalties for this offense include a fine of up to $5,000, 5 years of probation and up to 5 years in state prison.
How a Top-Rated Defense Attorney Can Help
Our team of highly experienced criminal defense lawyers helps clients with suspended license issues on a daily basis. Our team will analyze your driver’s license record and evaluate what may be done to reinstate your privilege to drive. Likewise, we can offer guidance as to what efforts can be made to minimize both the penalties that may be imposed by the court, as well as what can be done to minimize the long-term consequences to your driving record. There are a number of possible solutions that we may be able to employ to secure the best possible result in your case. In that regard, we will answer the following questions:- Can the State prove that you had knowledge of the suspension?
- Did the police have the right to stop your car?
- Were you driving for an emergency or other necessity?
- Was alcohol involved?
- Can your license be reinstated before you go to court?
- Is it possible to “plea bargain” with the prosecutor to secure a reduction to a lesser offense?
- Can jail-time be avoided?
