Miami, Florida Driving With a Suspended License Lawyer

Attorney Addressing Charges of Driving Without a Valid License in Miami, FL

Everyone who drives on public roads is required to have a driver's license. A person who is accused of driving without a valid license could face serious legal penalties. Driving on a suspended or revoked license is a traffic crime that could result in high fines, longer periods of license suspension or revocation, or even a jail sentence.

Many people who are charged with driving without a valid license may not have intentionally violated the law. They may not have known that their license had been suspended, they may have been unable to afford reinstatement fees, or they may have encountered other issues that prevented them from renewing their license. A conviction on charges of driving without a valid license can create a cycle of difficulty in which a person cannot drive to work, cannot afford fines or reinstatement costs, and could face additional charges if they need to continue driving.

When you are facing charges of driving on a suspended license, you will need to understand your legal options and the steps you can take to protect your ability to drive legally and earn a living. Stroleny Law: Criminal Defense Attorney can provide guidance on the ways Florida's licensing laws and the administrative processes that result in suspensions and revocations may affect your case. Our lawyer can determine the defense strategies that may be used to challenge the charges you are facing or minimize the consequences that could affect your life.

License-Related Charges in Florida

Under Florida Statutes § 322.03, a person could be charged with driving without a valid license if they operate a vehicle without having obtained a license or when their license has expired. A first offense is typically charged as a second-degree misdemeanor, and if convicted, a person could be sentenced to up to 60 days in jail and fined up to $500. This charge may apply to a young driver who drove before obtaining their license, an immigrant who was unfamiliar with driver's license requirements, or someone who was unable to renew their license before it expired.

The offense of driving with a suspended or revoked license is addressed in Florida Statutes § 322.34. A person who is accused of driving when they knew that their license had been suspended or revoked may face second-degree misdemeanor charges for a first offense. For a second offense, charges may increase to a first-degree misdemeanor, with potential penalties that may include one year in prison and a $1,000 fine.

Driving on a suspended or revoked license may result in felony charges in cases where a person lost their license for specific offenses. If a driver's license had been suspended or revoked due to a violation involving DUI, refusing to submit to a blood alcohol test, fleeing and eluding, or another traffic offense that resulted in serious injuries or death, a person who is accused of driving during the period of license suspension or revocation may be charged with a third-degree felony. If convicted, they could be sentenced to up to five years in prison and fined a maximum of $5,000.

Third-degree felony charges may also apply if a person is accused of driving with a suspended or revoked license, and the person is classified as a habitual traffic offender. Under Florida Statutes § 322.264, a person may be designated a habitual traffic offender if they have been convicted of multiple traffic offenses within a five-year period. At least three convictions for DUI, hit and run, driving with a suspended or revoked license, or a felony offense involving a motor vehicle will result in habitual traffic offender status. At least 15 moving violations that resulted in points being added to a person's license may also lead to a habitual traffic offender designation.

Why People May Drive Without Valid Licenses

Economic necessity forces many people to drive after a license suspension. People who need to drive to work, to transport their children to school or daycare, or to attend medical appointments often have no realistic alternatives for transportation. The economic consequences of not working can outweigh the risks of criminal charges.

Some people may not have known about license suspensions. The Department of Highway Safety and Motor Vehicles may send suspension notices by mail, but a person who moved without updating their address may never receive a notice. Many people discover that their licenses have been suspended only after they have been stopped by law enforcement.

An inability to afford reinstatement fees can prevent a person from restoring their license. Reinstatement fees can be high, and other outstanding fines and fees can create a significant financial burden. For those who are struggling financially, these costs may be impossible to pay. When a person cannot legally drive but cannot afford to restore their license, they may feel that they have no other option but to drive without a valid license.

Defense Strategies for License-Related Charges

Our lawyer can help determine what steps a person can take to address charges of driving on a revoked or suspended license. He may argue that a person did not know their license had been suspended. He may present evidence that suspension notices were sent to an old address, that administrative errors occurred, or that a person had a reasonable belief that their license was valid.

Establishing that an offense occurred due to a mistake or misunderstanding can show that a person reasonably believed that their license was valid. Our attorney can show that confusion about reinstatement requirements, reliance on incorrect information, or administrative errors were the reason why a person was driving without a valid license.

By demonstrating hardship, a person may receive lenient treatment. Our lawyer can present evidence of employment requirements, medical needs, family obligations, or other circumstances that required to person to continue driving even without a valid license. In some cases, necessity arguments can influence prosecutorial discretion and sentencing.

Our attorney may also take steps to negotiate a resolution to a case that will protect a client from an additional license suspension, jail time, and other penalties. He can work with prosecutors to resolve cases through community service, probation, or other alternatives while avoiding a criminal conviction when possible.

Contact Our Miami Driving With a Revoked License Attorney

Charges of driving without a valid license can create a cycle of legal and financial difficulties. These charges could affect your ability to work, support your family, and meet your ongoing obligations. A criminal conviction can make things even worse, adding fines or jail time to other problems you are facing. At Stroleny Law: Criminal Defense Attorney, our legal team can provide the legal help you need to resolve these charges successfully. Contact our Miami, FL driving on a suspended license lawyer by calling 305-615-1285 and arranging a free consultation.