Fort Myers Driving Without Valid License Attorney
Driving without a valid license is a serious offense in Florida which can be costly and even land you in jail. The law makes it illegal for any person to drive a motor vehicle on a public roadway without first obtaining a valid driver’s license. Whether you have never been issued a license, your license has been suspended, or it has expired, driving without a valid license can result in significant legal consequences. The Fort Myers traffic violation lawyers at Hollander & Hanuka can help you understand the charges you are facing, the potential consequences of a conviction, and how best to address your situation.
The Offense of Driving Without a License in Florida
Under Florida Statutes 322.03, it is unlawful for any person to operate a vehicle on public roads without holding a valid driver’s license issued by the state. The offense encompasses various situations, such as:
- Driving with no license because one was never issued
- Driving with an expired license
- Driving with a suspended or revoked license, which may lead to more severe charges
To secure a conviction, the prosecution must prove several elements, including:
- The defendant was driving a motor vehicle.
- The defendant was driving on a public road or highway in Florida.
- The defendant did not possess a valid and legally issued driver’s license at the time.
If convicted, the penalties can vary depending on the specific circumstances of the case.
Penalties for Driving Without a Valid License
The penalties for driving without a valid license in Florida can range from minor to severe, depending on whether the driver has prior offenses or if aggravating circumstances exist. If convicted, potential penalties may include:
- First offense: This is typically charged as a second-degree misdemeanor, punishable by up to 60 days in jail, six months of probation, and/or a fine of up to $500.
- Subsequent offenses: Repeat offenders can face more severe penalties, including extended jail time and higher fines.
- Driving with a suspended or revoked license: This can escalate the charge to a more serious offense with harsher penalties, including longer jail time and increased fines.
The penalties can also affect your future driving privileges, making it even more difficult to obtain a valid license in the future.
Defenses to Driving Without a Valid License
Several potential defenses can be raised against a charge of driving without a valid license. A skilled criminal defense attorney can assess the facts of your case and determine the most effective defense strategies, which may include:
- Mistaken identity: Proving that you were not the individual driving the vehicle in question.
- License was valid: Demonstrating that you did have a valid license at the time of the incident, perhaps due to an administrative error or misunderstanding.
- Necessity or emergency: In rare cases, you may be able to argue that you had no choice but to drive in an emergency.
- Unawareness of suspension or expiration: If your license was suspended or expired and you were genuinely unaware, your attorney may be able to negotiate a more favorable outcome.
How a Criminal Defense Attorney Can Help
If you have been charged with driving without a valid license, an experienced criminal defense attorney can make a significant difference in the outcome of your case. The lawyers at Hollander & Hanuka Attorneys at Law will evaluate the specific circumstances surrounding your charge and build a strong defense. We will thoroughly examine the evidence and challenge the prosecution’s case to have your charges reduced or dismissed where possible. In cases where a dismissal is unlikely, we may negotiate with the prosecutor to secure a more favorable outcome, such as probation or reduced penalties. Even if a conviction is likely, we can work to reduce the impact on your life by seeking alternatives to jail time, such as probation or community service.
By hiring a skilled defense attorney, you improve your chances of obtaining the best possible outcome in your case, allowing you to move forward with your life.
Contact Hollander & Hanuka for Experienced Legal Defense in Fort Myers
If you are facing charges for driving without a valid license in Fort Myers or surrounding areas, Hollander & Hanuka is here to help. Our experienced legal team will guide you through the legal process, ensuring that your rights are protected at every stage. Contact us today at 239-332-3300 to schedule a free consultation and begin building a robust defense against your charges.