knowingly driving with a suspended license florida (DWLS Knowingly)
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Understanding Driving While License Suspended with Knowledge Offense
Driving on a suspended or revoked license is a criminal offense under Florida Statute § 322.34(2). The crime occurs when someone knowingly drives their motor vehicle on a Florida public highway with a suspended or revoked driver’s license. This is typically a second-degree misdemeanor, punishable by up to 60 days in jail and a fine of up to $500. The loss of your driving privileges is likely as well.
Being charged with knowingly driving on a suspended license can lead to lifelong consequences, including difficulties with employment, auto insurance, driver’s license renewal, and personal reputation.
Your future and driving privileges are at stake with a suspended license charge. You must contact a skilled driving while suspended lawyer immediately to contest this serious charge. The top-rated Ticket Fighter Law Firm understands the law and how to defend against charges for a suspended or revoked license. We can help with your first offense or if you have habitual traffic offender status. Contact the Ticket Fighter now for a free consultation at (407) 476-5120.
Common Reasons for Driver’s License Suspension in Florida
You can have a suspended license for many reasons. Most suspended or revoked driver’s licenses in Florida result from traffic violations, failure to comply with registration or insurance requirements, or hazardous driving behavior. The Florida Department of Highway Safety and Motor Vehicles (FLHSMV) enforces license suspensions to promote road safety and ensure all drivers obey the law.
Many drivers are caught unknowingly driving with a suspended license in Florida, leading to a charge of DWLS unknowingly, while others are charged with DWLS with knowledge for knowingly driving with a suspended license. Understanding why suspensions happen can help you avoid these serious penalties.
Too Many Points on a Driver License
One of the most common reasons for a suspended license is accumulating too many points on your driving record. Florida uses a point-based system where each traffic violation adds points to your license.
- Speeding: 3 points
- Running a red light: 4 points
- Reckless driving: 4 points
- Leaving the scene of a crash: 6 points
If you accumulate 12 points within 12 months, your license may be suspended for 30 days. 18 points within 18 months result in a 3-month suspension, while 24 points within 36 months can lead to a one-year suspension.
Because these suspensions often happen automatically, many motorists find themselves DWLS unknowingly, unaware that their license has already been restricted.
Suspended License for DUI
A DUI (Driving Under the Influence) conviction is another major cause of license suspension in Florida. Drunk or drug-impaired driving endangers public safety, and Florida law imposes strict penalties:
- First DUI conviction: 180 days to 1-year suspension
- Second offense: 5-year revocation (if within 5 years)
- Third offense: 10-year revocation (if within 10 years)
- Fourth or subsequent offense: Permanent revocation
Refusing to submit to breath, blood, or urine testing also results in an automatic suspension — one year for a first refusal, and 18 months for a repeat refusal.
Drivers who assume their case is still pending or believe their suspension hasn’t taken effect may end up unknowingly driving with a suspended license in Florida, facing a civil DWLS unknowingly charge. Repeated offenses or proven intent can escalate the case to DWLS with knowledge, a criminal offense.
Failure to Pay Fines, Fees or Child Support
Unpaid traffic tickets, court costs, or child support arrears can all lead to a suspended driver’s license. If you fail to pay a fine or appear in court, the FLHSMV may suspend your license indefinitely until the issue is resolved.
Similarly, if you fall behind on court-ordered child support, the Florida Department of Revenue can request the suspension of your license. Once you pay the overdue amount or establish a repayment plan, your driving privileges may be reinstated.
However, drivers who don’t receive notice of the suspension may end up DWLS unknowingly, while those who are aware but continue to drive could face DWLS with knowledge or knowingly driving with a suspended license, which carries harsher penalties.
Driving Without Insurance
Florida law requires all drivers to maintain minimum auto insurance coverage. If your insurance lapses or you fail to provide proof of coverage when requested, the FLHSMV may suspend your license and vehicle registration.
Failing to reinstate your insurance before driving can lead to DWLS unknowingly or DWLS with knowledge charges, depending on whether you were aware of the suspension.
Habitual Traffic Offender (HTO) Status
If you commit multiple serious traffic violations — such as reckless driving, DUI, or driving without insurance — you can be designated as a habitual traffic offender. Three major offenses or 15 moving violations within a five-year period can result in a five-year revocation of your driver’s license.
Anyone caught driving during this period may be charged with DWLS with knowledge, a third-degree felony punishable by up to five years in prison.
Failure to Appear in Court
Missing a court appearance for a traffic violation or criminal case can also trigger a suspension. Many drivers are unaware of this and continue driving, resulting in DWLS unknowingly charges.
Medical or Vision-Related Restrictions
The FLHSMV may suspend your license if you are medically unfit to drive — for example, due to seizures, poor vision, or mental incapacity. If you fail to submit required medical forms or vision updates, your license can be suspended without your knowledge.
Unpaid Toll Violations or Parking Tickets
Failing to pay tolls, parking fines, or SunPass violations can also lead to suspension. Notices are often sent electronically or by mail, so drivers who miss these communications may be unknowingly driving with a suspended license.
Fraudulent or Unlawful Use of a Driver’s License
Using a fake ID, possessing multiple licenses, or altering information on a driver’s license can lead to suspension or revocation. These offenses often fall under DWLS with knowledge, especially if the driver intentionally misused their license.
Administrative or Clerical Errors
Sometimes, a license may be suspended due to administrative mistakes — such as outdated records, data input errors, or delays in updating reinstatement information. These cases often result in DWLS unknowingly, since the driver has no reason to suspect the suspension.
Key Takeaway
Whether it’s DWLS unknowingly or DWLS with knowledge, the consequences of knowingly driving with a suspended license or doing so unintentionally are serious. Understanding these causes — and regularly checking your license status — can help you avoid fines, criminal charges, and potential jail time.
Police Procedures for DWLS Investigations in Florida
When law enforcement suspects that a motorist is knowingly driving with a suspended license or unknowingly driving with a suspended license in Florida, specific investigative procedures must be followed. These steps help determine whether the violation qualifies as DWLS with knowledge (a criminal offense) or DWLS unknowingly (a civil infraction).
- Driver’s License Status Verification
The officer must contact the Criminal Information Center (CIC) to perform a real-time driver’s license check. This determines whether the motorist’s license is valid, suspended, or revoked and identifies the cause of the suspension. - Citing the Appropriate Florida Statute
If the officer confirms the driver’s license is suspended or revoked, they must cite the correct Florida Statute, including the relevant subsection, to specify how the license was unlawfully used. This applies to both the unlawful possession or use of a suspended license and cases of DWLS with knowledge. - Arrest Procedures for Serious Suspensions
When the records show the license was suspended or revoked for serious reasons — such as being classified as a habitual traffic offender, having multiple suspensions, or an expired status — the officer may arrest the offender. The driver’s license will be impounded and logged as evidence in Property/Evidence. The officer must then complete an Offense Report detailing the arrest and the circumstances of the DWLS with knowledge violation. - Citations for Minor Suspensions
If the suspension results from a minor administrative issue (such as unpaid tickets or insurance lapses), the officer may issue a citation for DWLS unknowingly, which includes a mandatory court appearance. The license is still impounded, and an Offense Report is completed to document the incident. - Record Documentation
When a driver’s license is impounded, the officer must obtain and attach a copy of the driver’s complete record to the report. This ensures that all prior suspensions or revocations are properly documented. - Prohibition from Operating the Vehicle
After citing the violator and impounding the license, the officer must ensure the motorist does not continue to drive. Officers are trained not to allow a violator to drive away after being cited for DWLS with knowledge or DWLS unknowingly.
Penalties for Driving While License Suspended with Knowledge
Being convicted of driving on a suspended license may trigger serious consequences:
First Conviction
- Classified as a second-degree misdemeanor.
- Up to 60 days in county jail.
- Fine up to $500.
- Possible six months of probation.
Second Conviction
- Classified as a first-degree misdemeanor.
- Up to one year in county jail.
- Fine up to $1,000.
- Possible one year of probation.
Third or Subsequent Conviction
- May be charged as a third-degree felony, especially if within five years of prior offenses or related to serious violations.
- Up to five years in Florida State Prison.
- Fine up to $5,000.
- Potential five-year loss of driving privileges if designated a Habitual Traffic Offender.
Additional Consequences
- HTO Status: Three DWLS convictions (civil or criminal) within 5 years can lead to a 5-year license revocation.
- Increased Insurance Premiums: A conviction may result in higher car insurance rates.
- Vehicle Impoundment: Possible if the driver knew of the suspension.
- If you have a commercial driver license, you face a loss of your ability to earn a living.
- Aggravating Factors: Penalties may be harsher if the suspension was due to serious offenses like DUI or if the driving caused serious bodily injury or death (third-degree felony).
Proof of Knowledge
The state must prove you were aware of the suspension, which can be established through prior citations, court notifications, DMV letters, or admissions. A rebuttable presumption of knowledge applies if a suspension notice appears in DMV records, except for suspensions due to unpaid fines or financial responsibility violations.
Why Hire a Florida License Suspension Defense Lawyer?
The Ticket Fighter Law Firm exclusively handles traffic-related offenses, including driving while suspended or revoked. Our experienced suspended driver license lawyers know your freedom, driver license, and future are at stake.
That’s why we will help you challenge the suspended license charge. Our attorneys may challenge that you knowingly drove without a driver license. Or, we will try to reduce the criminal offense to a lesser charge.
With our proven results and success record, suspended license charge clients can avoid jail time, minimize fines, and preserve their driving privileges through reinstatement or hardship license programs.
Whether you are a habitual traffic offender or a first-time offender, The Ticket Fighter will build a robust defense customized to your circumstances. Never face a suspension or revocation case without a skilled, passionate defense attorney. Call The Ticket Fighter now at (407) 476-5120.
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.
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