Defending a Suspended License Charge in Florida

Have you been charged with driving with a suspended license?

If you continue to drive when your driver's license, or "operator's license or permit" is under suspension or revocation, you are violating the order of a court or an administrative agency.

Often, a license is considered to be suspended from the time the suspension is imposed, even though the period of suspension may not officially begin until a later date. Many people may also be unaware that the suspension usually continues until the license is actually restored by the court or agency that initially imposed the suspension.

Generally, driving with a revoked or suspended license is considered to be a very serious offense in the State of Florida. It is viewed in the same manner as contempt of court (violating a court order), and the punishment for such crimes can be severe. Penalties for driving with a suspended license may include a large fine, imprisonment, or both.

The severity of your charge will depend upon your circumstances.

In Florida, the severity of the charge will be determined by the facts of your case. You may be charged with anything from a non criminal traffic infraction (if you had no knowledge of the suspension or revocation) to a third degree felony for knowingly and deliberately violating a license suspension, or causing the death of a person by careless or negligent operation of a motor vehicle while your license is suspended or revoked.

There are several defenses that can be raised by an accused motorist when facing a charge of driving while under suspension or revocation in Florida.

What is the true status of your Drivers License?

Does your name appear on the list of revoked or suspended licenses because of a mistake? Has your driver's license been restored, but the restoration of driving privileges not entered properly in State records?

When you retain the Law Office of Pelayo Duran to defend a charge of driving with your license suspended or revoked, we will investigate the status of your license. If there has been a mistake, we will assist you in obtaining a document containing a statement to that effect from the state and present it to the prosecuting attorney with a request that the pending charge be dismissed. If the prosecuting attorney does not dismiss the charge, we will use this document as evidence at trial to disprove the prosecution case.
Under normal circumstances, the prosecutor will not proceed with a case if such a document is produced.

Lack of Proper Notice

Did you receive proper notice of license suspension or revocation?

The notice requirement is usually satisfied if your license was suspended or revoked in court by a judge while you were present. However, if the license was suspended or revoked by the department of motor vehicles for points, not paying a traffic or parking ticket, or some other reason, the State must prove that you were properly notified.

Identity of the Driver

One defense to the offense of driving with a suspended or revoked license is that you were not the person operating the vehicle. The act of operating, or driving, is a fact issue that must be proven by the State beyond a reasonable doubt. Operation can be proven either by direct evidence, such as a traffic stop, or circumstantial evidence, such as testimony that the you were in physical control of the vehicle (even if the motor was not running).

If you are facing a charge of driving with a suspended or revoked driver’s licence, contact the Miami Law Office of Pelayo Duran to arrange a free legal consultation.