Fort Myers Suspended License Attorney
If you’ve been charged with driving with a suspended license in Florida, it’s essential to understand the seriousness of the offense and the potential consequences. Under Florida Statutes 322.34, driving while your license is suspended or revoked is a criminal offense that can lead to significant penalties. Whether your license was suspended due to unpaid fines, failure to pay child support, or a DUI conviction, the repercussions can be severe if you’re caught driving. As with any criminal charge, you are entitled to a robust defense with legal counsel to assist you. Attorney Dan Hanuka is a former public defender and long-time criminal defense lawyer in Fort Myers who can help you understand the charges against you and devise a strategy for a favorable outcome. Contact Hollander & Hanuka to discuss your case with a skilled and experienced Fort Myers driving with a suspended license lawyer.
Florida Statutes 322.34: Driving with a Suspended License
Under Florida Statutes 322.34, it is illegal to operate a motor vehicle if your driver’s license has been suspended, revoked, or canceled. To secure a conviction for this offense, the prosecutor must prove the following elements:
- You were driving a motor vehicle. The prosecutor must establish that you were behind the wheel.
- Your license was suspended, revoked, or canceled. They must show that the suspension was in effect at the time of the stop.
- You knew your license was suspended. This is a key element of the charge. The state must prove that you were aware of the suspension, typically through a notification sent by the Florida Department of Highway Safety and Motor Vehicles (FLHSMV).
Penalties for Driving with a Suspended License
The penalties for driving with a suspended license in Florida depend on whether it’s your first, second, or third offense:
- First Offense: A first offense is generally charged as a second-degree misdemeanor, punishable by up to 60 days in jail and a fine of up to $500.
- Second Offense: A second conviction can result in a first-degree misdemeanor charge, with penalties including up to one year in jail and a fine of up to $1,000.
- Third Offense: If you are convicted of driving with a suspended license for the third time, you could face third-degree felony charges, which are punishable by up to five years in prison and a $5,000 fine.
Additionally, accumulating multiple offenses can lead to habitual traffic offender (HTO) status, resulting in a five-year driver’s license revocation.
Defenses to Charges of Driving with a Suspended License
Facing charges for driving with a suspended license doesn’t automatically mean you’ll be convicted. Several defenses may be available to challenge the charges, such as:
- Lack of Knowledge: If you were never properly notified of the suspension, you may have a valid defense.
- Invalid Suspension: If the suspension was issued in error, or you complied with the requirements to reinstate your license but the state failed to update its records, the charges may be dropped.
- Necessity Defense: In rare cases, you may be able to argue that you were driving under an emergency or necessity, which can sometimes reduce or eliminate criminal liability.
A skilled criminal defense attorney can analyze your case, identify potential defenses, and work to protect your rights in court.
How Hollander & Hanuka Can Help
When facing charges for driving with a suspended license, it is critical to have an experienced criminal defense attorney by your side. At Hollander & Hanuka Attorneys at Law, our lawyers will work tirelessly to build a strong defense aimed at reducing or dismissing the charges. We’ll scrutinize the evidence to determine whether the prosecution can prove every element of the offense, including your knowledge of the suspension, and we’ll challenge the sufficiency of evidence wherever appropriate.
In many cases, we can negotiate with the prosecution to reduce the charges or secure an alternative sentence such as probation or community service. If we uncover procedural errors or faulty evidence, we’ll seek to have the charges dropped. If a conviction is unavoidable, we’ll work to minimize the impact, such as by securing probation or a lesser charge that won’t result in jail time.
Driving While License Permanently Revoked (Florida Statutes 322.341)
Driving with a permanently revoked license is an even more serious offense under Florida law. According to Florida Statutes 322.341, it is a felony to drive after your license has been permanently revoked, which typically occurs after multiple DUI convictions or if you are deemed a habitual traffic offender (HTO). A conviction for driving while your license is permanently revoked can lead to severe consequences, including a third-degree felony charge, punishable by up to five years in prison and a fine of up to $5,000 if convicted.
Driving while your license is permanently revoked is a serious felony offense, but there may still be viable defenses to the charge. Our legal team will carefully review your case to identify any weaknesses in the prosecution’s case. Possible defenses include:
- Unlawful Traffic Stop: If the police lacked probable cause to stop your vehicle, any evidence obtained during the stop, including the fact that you were driving with a revoked license, could be suppressed.
- Lack of Knowledge: If you were unaware of the permanent revocation, this could form the basis of a defense.
- Challenging the Revocation: If your license was wrongly revoked or reinstated without your knowledge, we’ll investigate to correct the record and have the charges dismissed.
Contact Hollander & Hanuka for Strong & Effective Defense in Fort Myers
At Hollander & Hanuka Attorneys at Law, we understand the complexities of Florida’s traffic laws and how to mount a strong defense in driving-related cases. Contact us today at 239-332-3300 for a free consultation and let us protect your rights and future.