orlando driving while license suspended attorney
Driving While License Suspended (DWLS) (Florida Statute 322.34) is a serious criminal offense that can carry misdemeanor or felony penalties depending on your prior record and the reason your license was suspended at the time. A conviction for DWLS in Florida can lead to a 5-year license revocation, a jail or prison sentence, and a permanent criminal record.
Driving While License Suspended in Florida
To convict someone of DWLS in Florida, the prosecution must prove that
- The accused was driving on the roads of Florida,
- That their license or driving privilege was suspended, and
- That they knew about that suspension.
While these elements may sound simple, many Driving on a Suspended License cases involve complex legal issues surrounding notice, prior history, and the legality of the traffic stop itself. This means that hiring an experienced and skilled lawyer is essential.
Driving While License Suspended Penalties in Florida
Driving While License Suspended in Florida is what is called, an “enhanceable offense,” meaning that the penalties are more severe with repeat offenses. A first DWLS offense is generally charged as a 2nd degree misdemeanor punishable by up to 60 days in jail and a $500 fine. A second offense can be charged as a 1st degree misdemeanor punishable by up to 1 year in jail and a $1,000 fine. A third or subsequent offense can trigger mandatory jail time and in certain circumstances, may even be charged as a 3rd degree felony punishable by up to 5 years in prison and a $5,000 fine if the suspension is related to DUI, refusal to submit to a breath test, a crash involving serious bodily injury, fleeing and eluding, or if you have been convicted of a forcible felony.
DWLS is also a qualifying offense for “Habitual Traffic Offender” (HTO) status, which can result in a five-year license revocation and create a devastating cycle of repeat arrests, escalating penalties, and the long-term loss of your driving privileges.
Habitual Traffic Offender
A person is labeled a “habitual traffic offender” and their license is suspended for 5 years if they have 3 convictions in a 5 year period for any combination of the following traffic violations:
- Driving while license suspended (unknowingly)
- Driving while license suspended with knowledge
- Leaving the scene of an accident involving death or injury
- DUI
- Any felony involving the use of a motor vehicle
- 15 convictions for moving violations in which points could be assessed
An experienced criminal defense attorney may be able to help you remove a habitual traffic offender suspension and reinstate your license.
Defenses to Driving While License Suspended in Florida
Because Florida Driving While License Suspended charges can rapidly escalate and have lasting consequences for your criminal record and driver’s license, it is critical to hire an attorney who understands the law and the defenses available. Defenses to DWLS in Florida often involve challenging the legality of the traffic stop and whether the accused had knowledge of the suspension.
A Former Prosecutor On Your Side
Central Florida Justice founder Ben Baxter is a former prosecutor with over a decade of experience handling criminal traffic matters. He has represented thousands of people charged with criminal traffic violations like driving while license suspended and he knows how to challenge unconstitutional traffic stops, scrutinize the State’s evidence, and fight allegations that a driver had actual knowledge of a suspension. He has litigated hundreds of motions to suppress or exclude evidence and testimony and has taken over 40 cases to trial.
The founding principle of Central Florida Justice is that the attorney-client relationship must be built on a foundation of trust and empathy. Every Central Florida Justice client has the ability to contact their attorney directly by phone, text, or email. And every client has access to the Central Florida Justice client portal, which provides instant access to evidence in their case, notes from the attorney, court dates, and more.
If you or a loved one is charged with Driving While License Suspended in Orlando or the Central Florida area, including Osceola, Polk, Lake, Seminole, or Brevard counties, Central Florida Justice is prepared to stand by you, protect your rights, and pursue the best possible outcome in your case. Contact Central Florida Justice today for a free consultation or call/text (407) 561-1776 to speak directly with attorney Ben Baxter.
