Police officers issue tens of thousands of tickets annually to drivers for driving with suspended licenses.
When someone knowingly drives on a suspended license, the violation is a criminal offense that could result in fines, jail time, and further license suspension. However, many drivers are unaware that they can significantly reduce their penalties by proving that they didn’t know their driver’s license was suspended.
An experienced criminal defense attorney can provide critical legal assistance by gathering evidence and presenting legal arguments to reduce the ticket for a moving violation punishable by a fine.
Penalties You May Face Even Without Knowing Your License Was Suspended
Florida’s traffic laws defining the offense of driving while license suspended (DWLS) outline a wide range of potential penalties for driving on a suspended or revoked license.
The consequences of driving on a suspended license in Florida depend on several factors, including whether you knew that the state had suspended your license, the reason for the suspension, and the history of violations on your driving record.
Starting with the most severe penalties, you can be charged with a third-degree felony if you fit any of the following categories:
- You’re a habitual traffic offender
- It’s your third offense of driving on a suspended driver’s license
- The reason for the suspension was DUI, fleeing or eluding, a traffic violation resulting in death or serious bodily injury, or refusal to submit to an alcohol test
A habitual traffic offender (HTO) is someone who has three or more convictions for vehicular manslaughter, DUI, a felony involving a motor vehicle, driving on a suspended driver’s license, hit-and-run, or driving a commercial vehicle with disqualified driving privileges.
Habitual traffic offender status can also be triggered by 15 or more convictions that resulted in points on a driver’s record. These convictions are counted over a five-year period. The state also counts offenses in other jurisdictions, as well as Florida.
A third-degree felony is punishable by up to 5 years’ imprisonment and a fine of up to $5,000.
If a driver isn’t a habitual traffic offender but has a prior conviction for driving on a suspended license in Florida, they can be convicted of a first-degree misdemeanor.
This offense carries a jail sentence of up to one year and a fine of up to $1,000. If the driver has no prior convictions for driving while their license is suspended, they can be convicted of a second-degree misdemeanor punishable by up to 60 days in jail and a fine of up to $500.
All of these criminal offenses presume that the driver knew about their license status. In other words, you’ll likely be culpable if you knew that the government had suspended your license in Florida. If a police officer believes that you didn’t realize your license was suspended, known as a DWLS without knowledge, they may still charge you with a moving violation, which means you’ll face a fine and a penalty of three points on your driving record.
The state doesn’t impose a mandatory license suspension for driving with a suspended license without knowledge of the suspension. As such, the difference regarding criminal vs. non-criminal DWLS charges determines whether you’ll face jail time or merely a fine.
How Does Florida Define “Unknowingly” Driving on a Suspended License?
Under Florida law, an offense is committed “knowingly” when the perpetrator knows the facts that led to the criminal charge. This means they understand the nature of their actions, even if they don’t know they are illegal or the punishment they may face.
For example, someone driving on a suspended license as a habitual traffic offender doesn’t need to know about their HTO status or that the punishment will be a third-degree felony; they only need to know they didn’t have a valid driver’s license when they got behind the wheel.
The difference between knowing vs. unknowing DWLS in Florida is the driver’s level of knowledge about their license status.
To fall into the category of driving with a suspended license without knowledge under the DWLS Florida statute, you must show that you had a bona fide belief that your license was valid. If you can do this, you can avoid the criminal penalties for a traffic offense involving a Florida suspended license.
However, Florida statute 322.34 doesn’t make this easy. Most Americans know that prosecutors must prove each element of a criminal charge beyond a reasonable doubt, but they aren’t necessarily required to prove the knowledge element for a suspended license ticket in Florida.
Instead, the law accepts that you knew your license was suspended if any of the following events occurred:
- You were previously cited for driving on a suspended license in Florida
- You admit that you knew your license was suspended, canceled, or revoked
- You received a suspension notice from the Florida Department of Highway Safety and Motor Vehicles (FLHSMV)
Additionally, the law provides a rebuttable presumption that you knew about your license suspension if the FLHSMV has a record of a judgment or order suspending your driver’s license.
A rebuttable presumption means the court can assume that you met the knowledge requirement unless you present evidence disproving your knowledge. For instance, you might rebut the presumption by showing that the address on the judgment or order had a typo that prevented you from receiving it.
The law provides two exceptions to this rebuttable presumption. You aren’t presumed to know about a suspended license in Florida if the records only include an order or judgment for a suspension due to a failure to have auto insurance or pay a fine for a traffic violation.
In these cases, the prosecution must prove knowledge or the inference of knowledge using the three facts listed in the statute. If they fail to do so, you’ll only be subject to the penalty for driving with a suspended license without knowledge in Florida.
Common Reasons Florida Drivers Don’t Realize Their Licenses Are Suspended
Driving with a suspended license without knowledge is more common than you might think. Some drivers only realize their licenses are invalid when they’re stopped by the police. The following examples might lead to someone driving without knowledge of a suspended driver’s license:
- Their license was suspended for failing to pay child support
- They unknowingly accumulated too many points
- They failed to pay outstanding fines or court fees after a ticket
- They unknowingly allowed their insurance to lapse
- They never received a suspension order after being convicted of a criminal charge
Notably, this offense doesn’t apply to drivers who inadvertently or deliberately allow their licenses to expire. For example, if a driver misses the deadline to renew their license or lacks the money to pay the license renewal fees, they fall into a different category and won’t face the standard penalties for driving with a suspended license in Florida.
How Courts Evaluate Lack of Knowledge in DWLS Cases
To establish that you were unknowingly driving on a suspended license in Florida, your attorney will need to accomplish two goals.
First, they must demonstrate that the three facts listed in the statute as proving your knowledge didn’t occur. More specifically, they must show that you don’t have any prior citations for driving on a suspended or canceled license, that you never admitted to knowing your license was suspended, and that you didn’t receive a suspension notice, judgment, or order.
If this is your first offense for driving on a suspended license or the first time you’ve been cited during your current suspension, your lawyer can overcome the first fact that establishes knowledge.
Similarly, they can disprove the second fact if you remained silent about the validity of your license when the officer gave you your ticket. Finally, they can refute the third fact by looking into the delivery of any notices, judgments, or orders sent to you regarding your suspension.
Overcoming those three facts gets you halfway to your goal of establishing DWLS in Florida without knowledge. However, you must still overcome the rebuttable presumption or prove that one of the two recognized exceptions applies to your suspension.
If your license was suspended for an insurance or traffic violation, you don’t need to rebut the presumption. Instead, the burden falls on the prosecution to prove your knowledge.
However, if your suspension falls outside the exceptions, your criminal defense lawyer must rebut the presumption that you knew about the suspension or revocation equivalent status. If they fail to do so, you’ll face criminal penalties rather than Florida DWLS without knowledge penalties.
Rebutting the presumption means presenting evidence showing that you had no knowledge of the offense despite an entry in your driving record noting that your license was suspended. You might present any of the following facts as evidence:
- You never checked your driving record or driver’s license status
- You never received the notice, order, or judgment in the DMV records
- You weren’t informed in court that your license would be suspended
Trying to downgrade your violation in this way isn’t easy, as the FLHSMV and the courts are careful to make sure motorists know when violations result in license suspension.
In some cases, however, a change of address, an extended period away from home, or a family member or housemate misplacing your notice could provide the evidence you need to rebut the presumption.
Immigration and Background Check Consequences of a DWLS Charge
Depending on the circumstances, the penalties for a Florida license suspension could affect your immigration status.
Federal immigration officials can use certain criminal charges as grounds for detention and deportation. Even a second-degree misdemeanor for a first offense of DWLS with knowledge could leave you susceptible to a deportation order.
You can reduce your risk of negative immigration consequences if you can prove that you were unaware of your suspension. A traffic infraction is much less serious than a misdemeanor or felony conviction, and it may be enough for you to fly under the radar of immigration authorities.
By the same token, traffic infractions don’t appear on a criminal background check, while misdemeanor and felony convictions do. Traffic infractions only appear on your driving record. As such, any employer, professional licensing board, or landlord could see your conviction if you drove on a suspended license with knowledge.
However, a criminal background check won’t show a conviction for DWLS without knowledge — the person checking will only see this on your driving record.
That said, the entry may still have consequences if you’re seeking a position that involves driving. For example, if you apply for a job at a nursing home where you’ll be required to transport residents to doctor appointments, your prospective employer might request your driving record.
Likewise, if you apply for a commercial driver’s license or want to drive for a rideshare service, the state or company will review your driving history. However, anyone who only requests your criminal history won’t see a DWLS conviction without knowing.
What to Do After Being Cited for Driving While Your License Is Suspended in Florida
If you receive a DWLS ticket, the actions you take next could determine whether you face criminal charges or simply a moving violation.
First and most importantly, don’t admit to anything, as your words can be used against you. In a DWLS case, prosecutors can establish knowledge by introducing evidence that the driver admitted to the police that they knew their license was suspended.
Next, gather up any records you have of notices, orders, and judgments that might affect your driver’s license. These records (or lack thereof) may help you prove that you didn’t receive notice of the suspension.
Lastly, consider consulting an attorney.
An experienced traffic violation defense lawyer will know how to fight a suspended license charge in Florida. They may be able to use the documents and records you provide to establish that you weren’t informed about your license suspension. Additionally, they’ll formulate strategies for rebutting any legal presumptions arising from the DMV records.
Contact The Ticket Fighter Law Firm for Help Beating Your DWLS Charge
Is unknowingly driving on a suspended license a crime in Florida? Yes. However, the penalties are significantly less serious than a DWLS with knowledge.
The seasoned attorneys at The Ticket Fighter Law Firm are well-versed in Florida law and have extensive experience challenging DWLS charges. Contact us to discuss your case and the defenses we can raise on your behalf.