No Valid Driver’s License (NVDL) or Driving While License Suspended (DWLS)
If you have been charged with the criminal offense of “no valid” driver’s license under Florida Statute Section 322.03, Get Lawyered Up Now with an experienced criminal defense attorney with an experienced and aggressive Criminal Defense Attorney at Fernandez in Tampa, Hillsborough County, FL. We focus on criminal defense cases in the Tampa Bay area including criminal traffic offenses.
If you received a traffic citation or a “notice to appear” you should be aware that you were actually arrested and released at the scene on a criminal charge, a second degree misdemeanor, punishable by up to 60 days in jail and up to a $500 fine.
Especially for individuals with no prior record, it is important to retain a Tampa criminal defense attorney to protect you and help you fight for the best possible outcome in your case. Numerous defenses exist to this charge. Call us now at 813-229-5353 to discuss your best defense and strategies to fight your charges today.
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“No Valid Driver’s License” under Section 322.03
Driving without a valid license is often charged under Florida Statute Section 322.03 especially in cases in which the driver has never obtained a Florida driver’s license. The offense is a second degree misdemeanor which is punishable with 6 months in jail and/or a five hundred dollar fine.
The next time the driver is caught driving without a license the offense is usually charged as “driving while license suspended or revoked” with knowledge (DWLSR) with is also a second degree misdemeanor. The next offense can be charged as a first degree misdemeanor.
Three charges of DWLSR with in a five year period will result in a five year revocation of your driver’s license as a habitual traffic offender. For this reason, many charges of DWLS or DWLSR are negotiated down to “no valid” charges so that it does not trigger a HTO revocation.
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No Valid Driver’s License Does Not Cause a Strike for HTO Purposes
Under a weird twist in Florida law, a civil citation for driving on a suspended driver’s license without knowledge (a civil infraction) or with knowledge (a criminal charge) will both count as a strike against you for purposes of becoming a a habitual traffic offender. On the other hand, the criminal charge of No Valid Driver’s License does not count towards one of the strikes for HTO purposes.
For this reason, it is often the goal in a driving with a suspended license suspended with knowledge case to get the prosecutor to reduce the charge to “no valid driver license” so that driver does not become a Habitual Traffic Offender with a five year revocation of his driving privileges.
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FOREIGNERS AND ILLEGAL IMMIGRANTS
In countless criminal cases every year, Florida prosecutors attempt to charge foreign nationals (illegal immigrants,in particular) with ‘No Valid Driver License’ on grounds that the defendant possessed only a foreign-issued license, and not a State-issued license or International Driving Permit. This erroneous practice is based on a former statutory provision that has since been repealed.
Prior to 2013, Chapter 322 required that foreign nationals exhibit an International Driving Permit in addition to the license issued by their home country. This posed a major impediment to tourism and other commerce, and was widely criticized by foreign governments.
In HB 7059 (2013), the Florida legislature repealed this portion of the law, thereby removing the requirement of an International Driving Permit. A non-resident foreign national can now lawfully drive in Florida so long so long as he or she is in immediate possession of a valid license issued by his or her home country.
Even where prosecutors are aware of the law, police officers, in order to validate their decision to issue a citation or make an arrest, will often allege that the accused did not have the license in his or her possession at the time of the traffic stop. For this reason, foreign nationals should always carry a license on their person, and insist that the officer notate on the citation or arrest paperwork that a foreign license was presented.
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Stop Driving Until You Obtain a Valid Florida Driver’s License
Because the penalties increase dramatically with each subsequent charge it is important not to drive until your full driving privileges have been reinstated. Hiring an attorney can often speed up the process. Our goal is to help you resolve your case for the best possible outcome.
Although the criminal offense of “no valid” driver’s license does not count as one of the serious driving offenses that can lead to a “habitual traffic offender” designation with a five year revocation, it is nevertheless a criminal offense with criminal penalties.
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Finding a Tampa Attorney for a No Driver’s License Charge
If you have been charged with driving with no valid license or driving with no valid commercial license, then contact an attorney at Fernandez to discuss your case. Call 813-229-5353.
Our attorneys represent individuals charged with “no valid” driver’s license in Plant City and Tampa for Hillsborough County, St. Petersburg and Clearwater for Pinellas County, Bartow for Polk County, New Port Richey and Dade City for Pasco County, or Brooksville for Hernando County, FL.
We can help you protect your criminal record, driving record and begin your defense today. Call 813-229-5352 and Get Lawyered Up Now.
