Understanding Driving While License Suspended in Florida

Legal Defenses a Florida Traffic Lawyer Can Use

Driving while license suspended is only an allegation; the prosecutor must prove their case in court if you contest the ticket. Our skilled driving while license suspended lawyers will review your case thoroughly, then build a strong defense:

Lack of Knowledge of Driving with a Suspended License

You may not have been aware that your license was suspended or revoked. The state must prove you had actual or constructive knowledge of the suspension for a conviction to be considered criminal. If a driver was not adequately notified, due to clerical errors, outdated address records with the Department of Highway Safety and Motor Vehicles, or failure to receive a suspension notice. Lack of knowledge is a rigorous defense.

For instance, driving with a suspended license for unpaid traffic fines or failure to maintain insurance often does not trigger sufficient notification, creating a rebuttable presumption that you didn’t know. Our skilled traffic ticket lawyer may challenge the prosecution’s evidence of knowledge by presenting proof of non-delivery, such as mismatched addresses or lack of certified mail confirmation, potentially leading to a dismissal or reduction to a non-criminal infraction.

Challenge Constructive Knowledge

Florida law presumes knowledge of driving with a suspended license if a court order or judgment appears in DHSMV records, except in cases involving failure to pay traffic fines or financial responsibility violations. However, this presumption can be contested, and constructive knowledge cannot be established only by a mailed notice if you didn’t receive it due to administrative oversights or outdated records.

For example, if you moved and updated your address with the DHSMV but the notice was sent to an old address, the state’s claim of constructive knowledge is weak. Our skilled driving while license suspended lawyer may file a motion to suppress evidence or dismiss charges by demonstrating the state’s failure to meet notification requirements. This action would protect you from potential criminal penalties, such as jail time or an HTO designation, leading to a driver’s license revocation for five years.

Procedural Errors in Notification

The DHSMV must notify you of a driver’s license suspension via certified mail or direct communication, but procedural errors often result in drivers being unaware of their status. For example, if a suspension stems from your failure to appear in court or pay a fine, the state must show that you received clear notice. Clerical errors, such as incorrect data entry or failure to update records, can result in invalid notifications.

Our suspended license traffic lawyer can investigate the origin of the suspension, review DHSMV records, and subpoena notification documents to uncover any errors. By proving you were not correctly informed, your attorney can argue for dismissal of a suspended license charge or negotiate a reduction to a civil infraction. Driving with a suspended license has many strong defenses, and we’re here to help.

Steps to Resolve Your Suspended License

To resolve your suspended driver’s license in Florida, you must follow several steps tailored to the reason for the suspension. The process typically involves identifying the cause, fulfilling court or state requirements, paying fees, and providing necessary documentation. The FLHSMV oversees driver’s license restatements. Your traffic ticket lawyer can help you with this process:

Check Reason for Suspension

The first step with a suspended Florida driver’s license is to determine the reason for the suspension. Common reasons include unpaid traffic tickets, failure to appear in court, accumulating too many points, DUI, lack of insurance, child support delinquency, or being labeled a habitual traffic offender.

You can check your Florida driver’s license status using the FLHSMV’s MyDMV Portal or by obtaining a driving record printout from a local driver’s license office. Understanding the specific cause is critical; each type of suspension has unique reinstatement steps.

Resolve the Issue For Driving Privileges Suspension

Once you know the reason for the suspended or revoked license, address the underlying issue. For unpaid traffic tickets or court fines, contact the clerk of courts in the county where the citation was issued to pay the penalties or negotiate a payment plan.

If you failed to appear in court, you must satisfy court requirements, which may involve attending a hearing or completing a court-ordered driver improvement course.

For suspensions due to child support delinquencies, contact the Florida Department of Revenue to clear the obligation. Afterward, they will electronically update the FLHSMV. If your license was suspended for lack of insurance, provide proof of current Florida-compliant insurance. DUI-related suspensions may require completing a DUI school or substance abuse course. Ensure all obligations are met because partial compliance will delay the reinstatement process.

Complete Required Courses or Programs

Driving with a suspended license may require enrollment in or completion of specific courses. For suspensions due to excessive points or being a habitual traffic offender, you must enroll in a 12-hour Advanced Driver Improvement (ADI) course. Proof of enrollment is often sufficient to apply for a hardship license, but full completion is required for reinstatement.

DUI suspensions may require a DUI program and, in some cases, installation of an ignition interlock device (IID). These programs can often be completed online for convenience, and you must submit a certificate of completion or enrollment to the FLHSMV or Bureau of Administrative Reviews (BAR). Check your suspension notice or contact the FLHSMV to confirm which courses apply to your case.

Resolving the reasons for a suspended license can often be complicated. This situation is where having our experienced criminal defense attorney help with your suspended license can be a lifesaver.

For instance, if you have been designated a habitual traffic offender, your license to drive motor vehicles may be suspended. However, resolving the habitual traffic offender status may involve filing motions to overturn previous traffic violations on your driving record, which requires the assistance of an attorney to navigate successfully.