Driving While License Suspended with Knowledge Lawyer in Florida

Possible Legal Defenses and Mitigation Strategies

An experienced criminal defense attorney will review your case. Then, they will devise the best defense strategy for a favorable case outcome:

Person Knowingly Violated the Law or Not?

One of the most common defenses is proving that the driver was unaware their license was suspended. Knowledge is a critical element of a criminal charge for driving on a suspended license under Florida Statute 322.34(2). If you didn’t receive proper notification from the Florida Department of Highway Safety and Motor Vehicles (DHSMV) or if there was an administrative error, the charge may be reduced to a non-criminal infraction or dismissed.

For example, suppose the DHSMV sent a suspension notice under Florida statute to an outdated address because you failed to update your information. In that case, this may not constitute a valid defense, as you are responsible for maintaining current records. However, if the notice was never sent or was sent in error, this defense could be viable. Proving a lack of knowledge often involves challenging the prosecution’s evidence, such as the absence of an admission by the driver or lack of prior citations indicating awareness.

Invalid or Illegal Suspension

Another defense involves challenging the validity of the driver’s license suspension itself. If the suspension was issued due to an administrative error, such as incorrect data in the DHSMV records, or if it lacked a sufficient legal basis, the driving while suspended or revoked charge may be dismissed.

For instance, our criminal defense attorney can review your driving record to confirm whether the suspension was imposed correctly. If the suspension stemmed from unpaid fines or tickets you were never notified about, this could support a claim that the suspension was invalid. Successfully proving an erroneous suspension or revocation can lead to the charges being dropped or reduced to a lesser offense, such as driving without a valid driver license.

Unlawful Police Stop

The legality of the traffic stop leading to the suspended or revoked charge can be contested. If the police lacked a valid reason for the stop, such as reasonable suspicion of a traffic violation, any evidence obtained can be suppressed.

For example, suppose you were stopped without probable cause or for a minor issue unrelated to your driving. In that case, our attorney can file a motion to suppress, arguing that the stop violated your rights under the Fourth Amendment. If successful, this could lead to the dismissal of the suspension or revocation charge.

Reinstating Your Driver’s License in Florida

Reinstating your suspended driver’s license depends on the reason for the action. Typical reasons for a suspended license are accumulating too many points from traffic violations, failing to pay traffic fines, not appearing at a traffic summons, driving under the influence, or falling behind on child support payments. Each case has specific requirements, such as paying fines, completing a driver improvement course, or providing proof of insurance, and may involve a reinstatement fee.

Traffic Tickets or Failure to Appear

For driver license suspension or revocation for unpaid traffic tickets or failure to appear at a summons, you must contact the traffic court in the county where the citation was issued to satisfy the court’s requirements. The process may include paying the fine or completing a court-ordered driver improvement course. Once these obligations are met, the court will electronically notify the FLHSMV, and you can pay the reinstatement fee.

Too Many Points, Etc.

If you have a suspension or revocation for accumulating too many points, you must complete an Advanced Driver Improvement (ADI) course. Enrollment verification must be submitted, and in some cases, you may need to pass a driving exam. For DUI-related suspensions, additional requirements include completing a DUI program, providing proof of treatment if court-ordered, and possibly installing an ignition interlock device.

Child support delinquency suspensions or revocations require you to coordinate with the Department of Revenue to clear outstanding payments, after which the FLHSMV is updated electronically.

Lack of Auto Insurance

For suspended or revoked license due to a lack of insurance, you must provide proof of current Florida insurance and surrender any active Florida tags if the vehicle is no longer insured or registered in the state. If you’ve moved to another state, you must submit proof of new state registration or a letter from your insurance provider to clear the suspension.

Our Ticket Fighter attorney can help you with the driver’s license reinstatement process. We can also assist you in obtaining a hardship license to help you get to work or school.