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Florida Driving on a Suspended License
WILSON
LAW FIRM, P.L.
Attorney at Law
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advertisements.  The information presented at this site is not legal advice, and does not create an attorney-client relationship.  This site is designed to provide only
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Firm to speak with an Winter Park criminal defense lawyer and Orange County Florida DUI attorney today.  The Wilson Law Firm, P.L. © 2010  
Orlando Criminal Attorney - Driving on a Suspended License:
This is a fairly common offense in Florida, however, it can have significant
penalties, especially for repeat offenders.  If you have been arrested for a
driving on a suspended license, you should speak with an experienced
criminal defense attorney at your earliest opportunity to learn about your
rights and the defenses that may be available to you..

In many criminal cases, a properly prepared defense will result in either
reduced penalties, reduced charges, or a dismissal of the charges.  Even
in criminal cases where the evidence of guilt is overwhelming, a properly
prepared defense and presentation of mitigating circumstances can result
in significant decreases in penalties you receive.  

If you or a loved one has been arrested, Call the Wilson Law Firm Today at (407) 648-5255 to speak with an
experienced Orlando criminal defense attorney about your situation or to schedule a Free Initial Consultation   

The following section of this page provides some  information regarding driving on a suspended license:

Driving While License Suspended - This occurs when a person, who knows their driver's license or driving
privilege has been canceled, suspended, or revoked, drives a vehicle upon the highways of this state while such
license or privilege is canceled, suspended, or revoked.  The penalties increase for each subsequent offense as
shown here.

1)  A first conviction is a misdemeanor of the second degree punishable by up to 60 days in the county jail.
2)  A second conviction  is a misdemeanor of the first degree punishable by up to 1 year in the county jail.
3)  A third or subsequent conviction is a felony of the third degree punishable by up to 5 years in State Prison.

When the offense involves a commercial motor vehicle, the penalties also increase as shown here.  

1)  A first conviction is a misdemeanor of the first degree punishable by up to 60 days in the county jail.
2)  A second or subsequent conviction a felony of the third degree punishable by up to 5 years in State Prison

If the person whose driver's license has been revoked is a habitual offender and they drive any motor vehicle upon
the highways of this state while such license is revoked, they face a felony of the third degree punishable by up to 5
years in State Prison. For more information regarding driving on a suspended license, please review the following
Florida Statute.

Florida Statute 322.34 -  Driving while license suspended, revoked, canceled, or disqualified.
(1) Except as provided in subsection (2), any person whose driver’s license or driving privilege has been canceled,
suspended, or revoked, except a “habitual traffic offender” as defined in s. 322.264, who drives a vehicle upon the
highways of this state while such license or privilege is canceled, suspended, or revoked is guilty of a moving
violation, punishable as provided in chapter 318.

(2) Any person whose driver’s license or driving privilege has been canceled, suspended, or revoked as provided
by law, except persons defined in s. 322.264, who, knowing of such cancellation, suspension, or revocation, drives
any motor vehicle upon the highways of this state while such license or privilege is canceled, suspended, or revoked,
upon:

(a) A first conviction is guilty of a misdemeanor of the second degree, punishable as provided in s. 775.082 or s.
775.083.

(b) A second conviction is guilty of a misdemeanor of the first degree, punishable as provided in s. 775.082 or s.
775.083.

(c) A third or subsequent conviction is guilty of a felony of the third degree, punishable as provided in s. 775.082, s.
775.083, or s. 775.084.

The element of knowledge is satisfied if the person has been previously cited as provided in subsection (1); or the
person admits to knowledge of the cancellation, suspension, or revocation; or the person received notice as provided
in subsection (4). There shall be a rebuttable presumption that the knowledge requirement is satisfied if a judgment
or order as provided in subsection (4) appears in the department’s records for any case except for one involving a
suspension by the department for failure to pay a traffic fine or for a financial responsibility violation.

(3) In any proceeding for a violation of this section, a court may consider evidence, other than that specified in
subsection (2), that the person knowingly violated this section.

(4) Any judgment or order rendered by a court or adjudicatory body or any uniform traffic citation that cancels,
suspends, or revokes a person’s driver’s license must contain a provision notifying the person that his or her driver’s
license has been canceled, suspended, or revoked.

(5) Any person whose driver’s license has been revoked pursuant to s. 322.264 (habitual offender) and who drives
any motor vehicle upon the highways of this state while such license is revoked is guilty of a felony of the third
degree, punishable as provided in s. 775.082, s. 775.083, or s. 775.084.

(6) Any person who operates a motor vehicle:

(a) Without having a driver’s license as required under s. 322.03; or

(b) While his or her driver’s license or driving privilege is canceled, suspended, or revoked pursuant to s. 316.655,
s. 322.26(8), s. 322.27(2), or s. 322.28(2) or (4), and who by careless or negligent operation of the motor vehicle
causes the death of or serious bodily injury to another human being is guilty of a felony of the third degree,
punishable as provided in s. 775.082 or s. 775.083.

(7) Any person whose driver’s license or driving privilege has been canceled, suspended, revoked, or disqualified
and who drives a commercial motor vehicle on the highways of this state while such license or privilege is canceled,
suspended, revoked, or disqualified, upon:

(a) A first conviction is guilty of a misdemeanor of the first degree, punishable as provided in s. 775.082 or s.
775.083.

(b) A second or subsequent conviction is guilty of a felony of the third degree, punishable as provided in s. 775.082,
s. 775.083, or s. 775.084.

(8)(a) Upon the arrest of a person for the offense of driving while the person’s driver’s license or driving privilege is
suspended or revoked, the arresting officer shall determine:

1. Whether the person’s driver’s license is suspended or revoked.

2. Whether the person’s driver’s license has remained suspended or revoked since a conviction for the offense of
driving with a suspended or revoked license.

3. Whether the suspension or revocation was made under s. 316.646 or s. 627.733, relating to failure to maintain
required security, or under s. 322.264, relating to habitual traffic offenders.

4. Whether the driver is the registered owner or coowner of the vehicle.

(b) If the arresting officer finds in the affirmative as to all of the criteria in paragraph (a), the officer shall immediately
impound or immobilize the vehicle.

(c) Within 7 business days after the date the arresting agency impounds or immobilizes the vehicle, either the
arresting agency or the towing service, whichever is in possession of the vehicle, shall send notice by certified mail to
any coregistered owners of the vehicle other than the person arrested and to each person of record claiming a lien
against the vehicle. All costs and fees for the impoundment or immobilization, including the cost of notification, must
be paid by the owner of the vehicle or, if the vehicle is leased, by the person leasing the vehicle.

(d) Either the arresting agency or the towing service, whichever is in possession of the vehicle, shall determine
whether any vehicle impounded or immobilized under this section has been leased or rented or if there are any
persons of record with a lien upon the vehicle. Either the arresting agency or the towing service, whichever is in
possession of the vehicle, shall notify by express courier service with receipt or certified mail within 7 business days
after the date of the immobilization or impoundment of the vehicle, the registered owner and all persons having a
recorded lien against the vehicle that the vehicle has been impounded or immobilized. A lessor, rental car company,
or lienholder may then obtain the vehicle, upon payment of any lawful towing or storage charges. If the vehicle is a
rental vehicle subject to a written contract, the charges may be separately charged to the renter, in addition to the
rental rate, along with other separate fees, charges, and recoupments disclosed on the rental agreement. If the
storage facility fails to provide timely notice to a lessor, rental car company, or lienholder as required by this
paragraph, the storage facility shall be responsible for payment of any towing or storage charges necessary to
release the vehicle to a lessor, rental car company, or lienholder that accrue after the notice period, which charges
may then be assessed against the driver of the vehicle if the vehicle was lawfully impounded or immobilized.

(e) Except as provided in paragraph (d), the vehicle shall remain impounded or immobilized for any period imposed
by the court until:

1. The owner presents proof of insurance to the arresting agency; or

2. The owner presents proof of sale of the vehicle to the arresting agency and the buyer presents proof of insurance
to the arresting agency.

If proof is not presented within 35 days after the impoundment or immobilization, a lien shall be placed upon such
vehicle pursuant to s. 713.78.

(f) The owner of a vehicle that is impounded or immobilized under this subsection may, within 10 days after the date
the owner has knowledge of the location of the vehicle, file a complaint in the county in which the owner resides to
determine whether the vehicle was wrongfully taken or withheld. Upon the filing of a complaint, the owner or
lienholder may have the vehicle released by posting with the court a bond or other adequate security equal to the
amount of the costs and fees for impoundment or immobilization, including towing or storage, to ensure the payment
of such costs and fees if the owner or lienholder does not prevail. When the vehicle owner or lienholder does not
prevail on a complaint that the vehicle was wrongfully taken or withheld, he or she must pay the accrued charges for
the immobilization or impoundment, including any towing and storage charges assessed against the vehicle. When
the bond is posted and the fee is paid as set forth in s. 28.24, the clerk of the court shall issue a certificate releasing
the vehicle. At the time of release, after reasonable inspection, the owner must give a receipt to the towing or storage
company indicating any loss or damage to the vehicle or to the contents of the vehicle.

(9)(a) A motor vehicle that is driven by a person under the influence of alcohol or drugs in violation of s. 316.193 is
subject to seizure and forfeiture under ss. 932.701-932.706 and is subject to liens for recovering, towing, or storing
vehicles under s. 713.78 if, at the time of the offense, the person’s driver’s license is suspended, revoked, or
canceled as a result of a prior conviction for driving under the influence.

(b) The law enforcement officer shall notify the Department of Highway Safety and Motor Vehicles of any
impoundment or seizure for violation of paragraph (a) in accordance with procedures established by the department.

(c) Notwithstanding s. 932.703(1)(c) or s. 932.7055, when the seizing agency obtains a final judgment granting
forfeiture of the motor vehicle under this section, 30 percent of the net proceeds from the sale of the motor vehicle
shall be retained by the seizing law enforcement agency and 70 percent shall be deposited in the General Revenue
Fund for use by regional workforce boards in providing transportation services for participants of the welfare
transition program. In a forfeiture proceeding under this section, the court may consider the extent that the family of
the owner has other public or private means of transportation.

(10)(a) Notwithstanding any other provision of this section, if a person does not have a prior forcible felony
conviction as defined in s. 776.08, the penalties provided in paragraph (b) apply if a person’s driver’s license or
driving privilege is canceled, suspended, or revoked for:

1. Failing to pay child support as provided in s. 322.245 or s. 61.13016;

2. Failing to pay any other financial obligation as provided in s. 322.245 other than those specified in s. 322.245(1);

3. Failing to comply with a civil penalty required in s. 318.15;

4. Failing to maintain vehicular financial responsibility as required by chapter 324;

5. Failing to comply with attendance or other requirements for minors as set forth in s. 322.091; or

6. Having been designated a habitual traffic offender under s. 322.264(1)(d) as a result of suspensions of his or her
driver’s license or driver privilege for any underlying violation listed in subparagraphs 1.-5.

(b)1. Upon a first conviction for knowingly driving while his or her license is suspended, revoked, or canceled for any
of the underlying violations listed in subparagraphs (a)1.-6., a person commits a misdemeanor of the second
degree, punishable as provided in s. 775.082 or s. 775.083.

2. Upon a second or subsequent conviction for the same offense of knowingly driving while his or her license is
suspended, revoked, or canceled for any of the underlying violations listed in subparagraphs (a)1.-6., a person
commits a misdemeanor of the first degree, punishable as provided in s. 775.082 or s. 775.083.

(11)(a) A person who does not hold a commercial driver’s license and who is cited for an offense of knowingly
driving while his or her license is suspended, revoked, or canceled for any of the underlying violations listed in
paragraph (10)(a) may, in lieu of payment of fine or court appearance, elect to enter a plea of nolo contendere and
provide proof of compliance to the clerk of the court, designated official, or authorized operator of a traffic violations
bureau. In such case, adjudication shall be withheld. However, no election shall be made under this subsection if
such person has made an election under this subsection during the preceding 12 months. A person may not make
more than three elections under this subsection.

(b) If adjudication is withheld under paragraph (a), such action is not a conviction.

_________________________________________________

For Information on some of the Penalties, Fines and Points for Civil Traffic Infractions click on the following links:

Florida Statute 318.14 - Noncriminal traffic infractions; exception; procedures.

Florida Statute 318.143 - Sanctions for infractions by minors.

Florida Statute 318.15 -Failure to comply with civil penalty or to appear; penalty.

Florida Statute 318.18 - Amount of penalties (Fines assigned for Specific Traffic Infractions).

Florida Statute 322.27 - Authority of department to suspend or revoke license. (Points assigned for Specific
Traffic Crimes and Inffractions)

For more information, Call the Wilson Law Firm Today at (407) 648-5255 to speak with an experienced Orlando
criminal defense attorney and Winter Park criminal lawyer about your situation or to schedule a Free Initial
Consultation.  The Wilson Law Firm represents individuals in criminal defense and DUI cases in the Central Florida
area, including the cities of Altamonte Springs, Apopka, Casselberry, Clermont, Kissimmee, Lake Mary, Longwood,
Maitland, Mount Dora, Ocoee, Orlando, Oviedo, Saint Cloud, Sanford, Windermere, Winter Garden, Winter Park and
Winter Springs, as well as Lake County, Orange County, Osceola County, and Seminole County, Florida.
Orlando Criminal Lawyer & Orange County Florida DUI Attorney
Call Today: (407) 648-5255
Florida Crimes & Laws