The most common criminal traffic arrest isn’t for DUI, street racing, or leaving the scene of an accident. Many people might be surprised to learn that driving with a suspended license could be a criminal offense. In 2023, 106,824 people in Florida were charged for driving with a suspended license w/knowledge.
A suspended license could be a slippery slope and should be handled by an experienced traffic lawyer before it compounds into a bigger problem. We’ve seen it so many times it breaks our hearts. Someone will get a license suspension for something simple and easy to fix. Unfortunately, before they have a chance to rectify the situation, they are pulled over again. This time with a suspended license. Now, it’s a major problem and it’s much more costly to fix with additional fines. Meanwhile, without a license, it’s now very difficult to get to work to earn income to pay the state of Florida. Out of desperation, some people even attempt to continue driving and hope they don’t get caught. While we don’t recommend this ever, we understand how people could potentially make this mistake.
Reasons You May Get A Suspended License
Below are the most common reasons people have their licenses suspended. Many stem from driving without insurance and accumulation of points. Failure to pay child care could even trigger the state to make the suspension.
- Accumulation of Points: Florida operates on a point system. Speeding, reckless driving, and other traffic violations add points to your record. Rack up enough, and your license gets suspended. Simple as that.
- DUI Convictions: Driving under the influence is taken extremely seriously. A DUI conviction can lead to an automatic suspension, hefty fines, and sometimes even jail time. The roads are no place for impaired driving, and Florida law reflects that sternly.
- Failure to Pay Fines or Child Support: Believe it or not, neglecting to pay court fines or even child support can lead to a suspension. It’s the state’s way of ensuring compliance with financial responsibilities.
- Driving Without Insurance: Florida requires drivers to carry insurance. If you’re caught without it, expect a suspension. It’s all about ensuring that, if an accident occurs, everyone involved has some level of financial protection.
- Medical Conditions: Certain medical conditions that impair your ability to drive safely can also lead to a suspended license. It’s a protective measure, keeping the roads safe for everyone.
Driving With A Suspended License With Knowledge Is A Criminal Offense
First, let’s talk about driving with a suspended license with knowledge. This means that you were aware that your driving privileges had been suspended. How would you know?
- Official Notification: You received a letter from the Department of Motor Vehicles (DMV) or another official body informing you of the suspension. Ignoring this letter doesn’t absolve you of responsibility.
- Court Appearance: A judge informed you during a court proceeding. This is a direct and clear communication that your license is no longer valid.
- Traffic Stop: You were pulled over previously and warned by an officer that your license was suspended. This warning serves as knowledge of the suspension.
The Immediate Penalties For Driving With A Suspended License With Knowledge
The moment you’re caught driving with a suspended license (with knowledge) in Florida, you’re in hot water even if it’s your first offense. Here’s a breakdown of what you might face:
- First Offense: A first-time offense is typically classified as a second-degree misdemeanor. You’re looking at up to 60 days in jail and fines reaching $500. It might seem lenient, but it’s a stern warning that the law doesn’t take kindly to this behavior.
- Second Offense: If you’re caught a second time, it escalates to a first-degree misdemeanor. Now, you’re facing up to one year in jail and fines up to $1,000. The penalties are more severe because you’ve already been warned once.
- Third and Subsequent Offenses: At this point, it’s a third-degree felony. This is serious business, with penalties including up to five years in prison, five years of probation, and fines up to $5,000. Your driving record is now a redflag to insurance companies if you get your license back, and the repercussions extend far beyond just paying a fine.
Aggravating Factors
While those are the general penalties, certain factors can make your situation even worse. Here are a few scenarios that can elevate your charges:
- Driving Under the Influence (DUI): If you’re caught driving with a suspended license and under the influence, the penalties stack up. Not only do you face the suspended license charges, but also DUI penalties which can include mandatory jail time, hefty fines, and a longer suspension period.
- Accidents and Injuries: If you cause an accident while driving with a suspended license, especially one resulting in injury or death, the consequences are catastrophic. You could be looking at significant prison time and lifelong guilt and responsibility.
- Habitual Traffic Offender (HTO): Being labeled an HTO means you’ve committed multiple serious traffic offenses within a five-year period. If caught driving with a suspended license as an HTO, you face harsher penalties, including felony charges, extended jail time, and steeper fines.
Collateral Consequences Of A Suspended License
The penalties don’t stop with fines and jail time. A suspended license can ripple through your life in unexpected ways:
- Employment Issues: Many jobs require a valid driver’s license. Losing your license can mean losing your job, especially if your work involves driving or commuting long distances.
- Insurance Woes: Your car insurance rates will skyrocket. In some cases, your insurer might drop you altogether, making it tough to find affordable coverage.
- Criminal Record: A misdemeanor or felony on your record can affect future employment opportunities, housing applications, and even your ability to obtain loans.
Driving With a Suspended License Without Knowledge
Now, what about driving with a suspended license without knowledge? This means you had no idea your license was suspended. Maybe the DMV’s letter got lost in the mail, or you moved and didn’t receive the notice. Perhaps you paid your fines but an administrative error led to the suspension anyway. In 2023, 116,456 people were charged for DWLS without knowledge in Florida making it the 6th most common type of traffic violation. The law recognizes that ignorance in this case isn’t bliss, but it does warrant different treatment:
- First Offense: This is a non-criminal traffic infraction. You won’t face jail time, but you will likely pay a fine, typically around $60, and might have to attend traffic school.
- Second and Subsequent Offenses: These are treated more seriously. A second offense can be charged as a first-degree misdemeanor, which includes up to one year in jail and a $1,000 fine. By the third offense, it may escalate to a third-degree felony.
Get Legal Assistance From An Experienced Traffic Lawyer
Given the severe penalties, having legal representation is crucial if you’re caught driving with a suspended license. A skilled lawyer can navigate the complexities of your case, potentially reducing charges or finding alternative solutions. However, the best offense is strong defense. It’s crucial to be diligent in defending your license against points and fighting all traffic infractions before come back to haunt you.
Conclusion
Driving with a suspended license in Florida isn’t just a gamble; it’s a fast track to serious legal trouble. The penalties are stringent, escalating with each offense, and the consequences can permeate every aspect of your life. So, think twice before getting behind the wheel without a valid license. If you find yourself in a bind, seek legal assistance immediately. The road ahead is much smoother with a valid license and a clean record.
