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Many, many people in Florida get arrested for driving while on a suspended, revoked or canceled license and a Tampa Criminal Defense Attorney can help you reinstate your driver’s license if it has been suspended.
Florida has traditionally suspended people’s license for not ‘too many points’ and Driving Under the Influence (DUI or DWI) or lack of insurance, but, unfortunately, also for possession of controlled substances (marijuana, cocaine or other drugs), petit theft, worthless checks, and child support. Frankly, almost any criminal moving violation can suspend your driver’s license.
It is very important to know that there are two (2) types of driving on a suspended license. The first is driving on a suspended license without knowledge which is a civil infraction. The second is driving on a suspended license with knowledge which is a criminal offense and is punishable with incarceration of up to 60-days in jail. Driving on a suspended license with knowledge can result in incarceration and further suspension of your license and maybe either a misdemeanor or felony depending on why it was suspended. Three major offenses in the State of Florida such as leaving the scene of an accident, driving on suspended license or reckless driving can result in your becoming a habitual traffic offender (HTO).
We are known to “go to the mats” for our clients. That carries extraordinary weight and respect with prosecutors and other lawyers.
Daniel J. Fernandez has more than 500 trials.
We are consistently rated among the top criminal defense lawyers by our peers, major independent legal authorities, and others in the community.
We will provide you with a free consultation where you will speak directly with one of our attorneys. Call us at 813-229-5353.
Our practice consists solely of trial attorneys and we dedicate ourselves to securing the best result for each and every client who enlists our services.
If you have become a habitual traffic offender, we may be able to assist you in getting this designation removed and getting your license back. We have handled thousands of driving on suspended charges and have intricate knowledge of the driver’s license system in the State of Florida. Put our experience to work for you today and start driving again immediately.
Call 813-229-5353 or contact us to speak with a criminal defense lawyer now on your license suspension or allegation of driving while license suspended (DWLS).
Driving with a suspended license in Florida can be a criminal or civil charge under Florida Statute 322.34. Either charge is a serious offense which can affect your ability to regain your license. At the law firm of Fernandez and Hernandez, LLC, we represent individuals charged with a crime including driving while license is suspended throughout the State of Florida.
322.34 Driving while license suspended, revoked, canceled, or disqualified.—
(1) Except as provided in subsection (2), any person whose driver license or driving privilege has been canceled, suspended, or revoked, except a ‘habitual traffic offender’ as defined in s. 322.264, who drives a vehicle upon the highways of this state while such license or privilege is canceled, suspended, or revoked is guilty of a moving violation, punishable as provided in chapter 318.
(2) Any person whose driver license or driving privilege has been canceled, suspended, or revoked as provided by law, except persons defined in s. 322.264, who, knowing of such cancellation, suspension, or revocation, drives any motor vehicle upon the highways of this state while such license or privilege is canceled, suspended, or revoked, upon:
(a) A first conviction is guilty of a misdemeanor of the second degree, punishable as provided in s. 775.082 or s. 775.083.
(b) A second conviction is guilty of a misdemeanor of the first degree, punishable as provided in s. 775.082 or s. 775.083.
(c) A third or subsequent conviction is guilty of a felony of the third degree, punishable as provided in s. 775.082, s. 775.083, or s. 775.084.
Driving while license suspended WITHOUT knowledge is a civil infraction that can add points to your license and lead to your license being suspended in the future.
Driving While License Suspended WITH Knowledge is a criminal charge which can be a misdemeanor or felony and can lead to your license being suspended in the future.Three or more of either (or combination thereof) within five years could qualify you as a Habitual Traffic Offender
A drivers license may be suspended for many reasons. Some of the reasons a license may be suspended include:
If a driver has knowledge that his or her license was suspended and gets pulled over while driving, the officer will issue a criminal ticket for driving while license suspended. YOU COULD GET ARRESTED! The police may arrest the driver. A first offense for knowingly driving while license suspended is a second degree misdemeanor. Second offense carries a maximum offense of one year in jail.
If a driver has no knowledge that his or her license was suspended and gets pulled over driving, the officer should issue a civil traffic ticket. Unknowingly driving while license suspended is a moving violation that adds three points to a driver’s license and counts toward possible future suspensions under the habitual offender statute.
The first offense is a second degree misdemeanor with a maximum penalty of 60 days in jail and a $500 fine.
A second offense is a first-degree misdemeanor with a maximum penalty of of 1 year in jail and a $1000 fine.
A third offense is a third-degree felony with a maximum penalty of 5 years in prison and a $5000 fine. Possible Habitual Traffic Offender Status may result from three or more Driving while license suspended convictions.
Although not a criminal charge, unknowingly driving while license suspended is a serious offense. A conviction puts three points on a driver’s license which may increase insurance rates, lead to a suspension for having too many points, and lead to suspension under Habitual Offender Statute.
DO NOT DRIVE – Driving will only lead to further charges that are more serious.
Contact a Tampa Suspended License Attorney – If you or someone you know is facing a Driving While License Suspended charge, contact a Tampa Suspended License Attorney today to go over the case. There may be defenses that apply, and we work to keep your record clean.
At Fernandez & Hernandez, LLC, our criminal defense attorneys protect the rights of clients from the moment the criminal accusation is made to the final resolution of the case.
We represent clients throughout Tampa, Hillsborough County and throughout the State of Florida.
With decades of combined experience, including time spent as former prosecutors, you can rest assured that your case is being represented by an attorney who understands the tactics used by the prosecution.
Tampa Criminal Defense Lawyers of Fernandez & Hernandez, LLC in Tampa provides legal representation for individuals charged with Driving while license suspended, revoked or canceled. We invite you to review our recent results. Our qualifications and background are available to you as well. Our Tampa Criminal Defense Attorneys Martin Hernandez and Daniel Fernandez are bilingual as well. Just call us at 813-229-5353 for your free consultation.
The Tampa criminal defense lawyers of Fernandez & Hernandez, serve Florida communities including Tampa, Brandon, Carrollwood, Westchase, Riverview, Temple Terrace, Pasco, Pinellas, St. Petersburg, Clearwater, Lakeland, Plant City, Ruskin, Apollo Beach, Dover, Valrico, Lutz, Lakeland and many other neighborhoods in Tampa Bay area. Contact an Experienced Tampa Auto Accident Attorney from Fernandez & Hernandez Law.
If you have been arrested for Driving While License Suspended in the Tampa Bay area, call Fernandez & Hernandez for a free consultation now. We recommend also reading reviews on Google Reviews, Avvo and Yelp.
Call 813-229-5353 or contact us to speak with a criminal defense lawyer now on your license suspension or allegation of driving while license suspended (DWLS).
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© Daniel J. Fernandez, P.A. – 2022. All rights reserved. The material provided in this web site is intended to be used as general information and not as legal advice. You should schedule an appointment with an attorney for professional advice regarding your particular case. You should avoid sending any sensitive, confidential or damaging information via e-mail since mail on the Internet is not secure. We strongly recommend that you contact Daniel J. Fernandez as soon as possible if you are seeking legal representation. Our early intervention is crucial. We have emergency assistance available 7 days a week, every day of the year.
