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Criminal Defense Lawyer in Orlando, FL

Driving While License Suspended Lawyer in Orlando, FL


Getting your license suspended can be one of the biggest inconveniences to your daily life. However, continuing to drive during that suspension period could be an even bigger one. 


What Is A License Suspension? 


F. S. Section 322.01(40) defines a license suspension as a period of time in which your driving privileges are temporarily withdrawn. You are not legally allowed to drive while your license is suspended, and can resume driving once the suspension is over.


In some cases, you may be able to apply for a Hardship License. Hardship Licenses are issued by the state and allow you to drive only under specific conditions: business purposes or work purposes. Business Purposes Hardship Licenses allow you to drive to and from work, work-related endeavors, school, church, and medical visits. Work Purposes Hardship Licenses further restrict these privileges to employment-related driving.


Why Would My License Be Suspended? 


One of the most common reasons for license suspension is point accrual. You can get a point on your license for any driving-related infractions, such as speeding, reckless driving, leaving the scene of a crash, failing to stop for a school bus, etc. 


If you get 12 points on your license within 12 months, you’ll face a 30-day license suspension. 18 points within 18 months leads to a 3-month suspension, and 24 points within 36 months incurs a 1-year suspension.


Other reasons for license suspension include:


  • Allowing car insurance to lapse (not maintaining continuous insurance)
  • A DUI arrest (or conviction)
  • Failure to comply with a DUI investigation, including submitting to a lawful breath, blood, or urine test
  • Failure to pay legal fines or costs, including court judgements, court costs, child support, etc.
  • Failure to appear in court for any reason, as well as fleeing or attempting to elude law enforcement
  • Drug or drug-related convictions
  • Highway racing
  • Petty theft
  • Repeat offenses resulting in Habitual Traffic Offender classification


What Happens If I’m Caught Driving On A Suspended License?


Driving on a suspended license can result in some pretty severe consequences, assuming you have knowledge of the suspension.


First offenses of driving with a suspended license are considered second-degree misdemeanors in Florida, and are punishable with up to 60 days in county jail, 6 months of probation, and/or fines up to $500.


Secondary offenses graduate to a first-degree misdemeanor and are met with up to 12 months in county jail along with fines up to $1,000. 


Third offenses can be charged as either a first-degree misdemeanor or a third-degree felony, depending on the circumstances. The latter of these is punishable by up to 5 years in Florida State Prison and fines up to $5,000.


It’s important to note that the amount of time between offenses matters significantly in determining the consequences you might face. For example, if three offenses occur within a 5-year period, the Department of Highway Safety and Motor Vehicles (Department of Motor Vehicles) may label you as a Habitual Traffic Offender (HTO). This could result in a 5-year license revocation, and precludes you from obtaining a Hardship License for one year after the most recent conviction. 


What Do I Do If I’ve Been Caught Driving Without A License?


If you’re pulled over for a traffic violation and subsequently discovered to be driving on a suspended license, all hope is not lost. There are a variety of defenses available to fight a suspended license charge, or to at the very least minimize possible punishments. For example, an experience suspended license defense lawyer might:


  • Argue that the accused was not aware of the suspension
  • Argue that the accused believed or had reason to believe their license had been reinstated
  • Challenge the validity of the traffic stop
  • Prove that the accused was not driving on a public highway
  • Argue that the accused was not the one driving
  • Argue that the vehicle operated by the accused at the time of the traffic stop does not qualify as a “motor vehicle” as defined by the driver’s license statute
  • Work to vacate previous suspended license convictions to potentially reduce the current charge to a No Valid Driver’s License charge


What Do I Do If I’ve Been Charged with Driving On A Suspended License?


If you’ve been accused of driving on a suspended license, it’s time to find a seasoned criminal defense attorney. It’s time to contact Hanlon Law. Our team leverages nearly two decades of experience, and will work tirelessly to ensure the best possible outcome.
Contact us today.

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