You’re cruising down the sunny streets of Miami, wind in your hair, not a care in the world. Suddenly, red and blue lights flash behind you. As you pull over, confused, you’re about to learn a shocking truth. Your license has been suspended, and you had no idea. Welcome to a surprisingly common Florida nightmare. Read on to learn what happens if you accidentally are driving with a suspended license in Florida.
Strict Liability
Under Florida traffic laws, driving on a suspended license is considered a strict liability offense, meaning that your intent or knowledge of the suspension is irrelevant when it comes to being charged.
Whether you were aware that your license was suspended or not, the law holds you accountable for driving with a suspended license. This can be surprising for many drivers who may not have received a suspension notice or were unaware of the suspension due to administrative errors, such as an incorrect address on file.
License Suspension Reasons
Understanding the common causes of license suspension can help you stay informed and prevent unintentional violations.
One of the most frequent reasons for suspension is unpaid traffic tickets. If you receive a ticket and fail to pay it within the designated timeframe, your license could be suspended until the fine is settled. Similarly, failure to appear in court for a traffic violation or other legal matters can lead to an automatic suspension.
Lack of auto insurance is another common cause. Florida law requires all legal drivers to keep up a certain level of car insurance. If your insurance lapses or you fail to provide proof of insurance when required, your license may be suspended.
Accumulating too many points on your Florida driving record due to traffic violations can also trigger a suspension. Each violation adds points, and reaching a specific threshold within a set period can result in the temporary loss of your driving privileges.
Other reasons include DUI convictions, failure to pay child support, and certain criminal offenses. Even administrative issues, such as not updating your address, can lead to missed notices and a subsequent suspension.
Driving Penalties Florida
For a first offense, driving with your license suspended is typically classified as a second-degree misdemeanor. The penalties for this can include:
- Up to 60 days in Florida jail
- A fine of up to $500
- Court fees
- License reinstatement fees
The court may also impose probation, community service, or other corrective actions.
A second offense brings the driving charge up to a first-degree misdemeanor. This increases the potential penalties to up to one year in jail and a fine of up to $1,000. The consequences become more severe as the state recognizes repeated violations as a pattern of disregard for legal obligations.
If you are caught a third time, the offense is often charged as a third-degree felony, especially if it is within five years of prior offenses.
Felony penalties can include up to five years in prison, a fine of up to $5,000, and a long-term impact on your criminal record, which can cause problems for employment, housing, and other aspects of your life.
Avoiding Charges
One of the most effective ways to avoid unknowingly driving on a suspended license is to regularly look into your license status.
You can do this easily through the Florida Department of Highway Safety and Motor Vehicles website. A quick online check can alert you to any issues that may have arisen, such as unpaid tickets or administrative suspensions.
Ensure that the FLHSMV has your current mailing address and contact information. Many drivers miss suspension notices simply because they’ve moved or changed addresses without updating their records.
Florida law requires you to update your address with the FLHSMV within 30 days of moving. Staying on top of this can ensure you receive important notifications regarding your driving privileges.
If you receive a ticket, fine, or any other notice that could affect your license, address it immediately. Pay any fines, appear in court as required, and provide proof of insurance when needed. Taking prompt action can prevent your license from being suspended in the first place.
Depending on the situation, completing a defensive driving course can reduce points on your license and help you avoid suspension. This can be particularly useful if you’ve accumulated several traffic violations and are close to the point threshold that leads to suspension.
Hiring Traffic Violation Help
It’s important to fight for any legal issues you’re stuck with, just like you would a traffic ticket. A qualified traffic attorney can provide you with expert advice on the specifics of your case. They understand the complexities of Florida’s traffic laws and can help you explore all possible defenses.
Whether your suspension was due to an administrative error or a misunderstanding, an attorney can work to ensure your side of the story is effectively presented in court.
They may be able to reduce your charges, lessen the penalties, or even have the case dismissed altogether, depending on the circumstances.
For instance, if you were genuinely unaware of the suspension and could provide evidence to support this, your attorney might argue for leniency. They can also help you figure out which way you should plead.
Court procedures can be a lot, especially if you’ve never faced legal issues before. An attorney can guide you through the process, from filing the necessary paperwork to representing you in court, ensuring that all legal necessities are met and that your rights are protected throughout.
Suspended license charges can be a ton of energy, especially if you were unaware of the suspension. Hiring a traffic attorney allows you to work on your daily life while they handle the legal aspects of your case. This peace of mind can be invaluable as you work through the situation.
Driving With a Suspended License in Florida: Now You Know
Clearly, driving with a suspended license in Florida can be a problem, even if you don’t know you’re doing it.
Do you need a lawyer? RHINO Lawyers is here for you. We’re the leading auto attorneys in Tampa because of our ability to communicate with you however you need to. Contact us today.
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