Penalties for Driving with a Suspended License in Florida

Under Florida Statute 322.34, there are penalties for driving with a suspended license that increase in severity with each additional offense.

• A first offense can result in up to 60 days of jail time and a fine of up to $500.
• A second offence can be charged as a first-degree misdemeanor with up to 1 year of jail time and a fine of up to $1,000.
• A third offense can result in felony charges, as well as penalties of up to 5 years in prison and a maximum fine of $5,000.

The short answer to whether or not you can drive with a suspended license in Florida is no, and these penalties are in place to prevent individuals from attempting to drive while their license is suspended.

Reasons for License Suspension

In some cases, drivers may not even be aware that their license is suspended, which can make an arrest for driving with a suspended license come as a shock. However, ignorance is no defense in court. Ultimately, it is every individual’s responsibility to know whether or not their driving privileges are authorized by the state. We list a few common reasons for a license suspension below, including some that may come as a surprise to you.

• DUI arrest
• Sobriety test refusal
• Failure to pay fines or court costs
• Failure to appear in court
• Failure to maintain continuous car insurance
• Child support delinquency

What is a Florida Hardship License?

In Florida, some drivers with a suspended license may be eligible for a Florida Hardship License. This restricted license grants driving privileges for school-related activities or for business. The Florida Hardship License might be a viable option for you while you wait out your suspension period if you were convicted of your first DUI offense or otherwise have a clean driving record, and it is the only way to drive legally during your suspension. In order to qualify for a Florida Hardship License, you’ll need to go through the following steps.

• Complete a state-ordered DUI School or Advanced Driver Improvement course and get your free enrollment verification letter.
• Get your 30-day driving record from the county clerk’s office.
• Complete form HSMV 78306 to apply for a hardship hearing.
• Bring your enrollment verification letter, 30-day driving record, application, and two forms of identification to the nearest Administrative Reviews Office to submit the application.
• Pay all necessary fees, which include a $12 hardship hearing filing fee and $45 reinstatement fee.
• Wait to be contacted by the hearing officer that’s assigned to your case. If you are deemed eligible, then you’ll be able to get a hardship license.

If you have been charged with driving with a suspended license, then we recommend reaching out to experienced criminal lawyers in Daytona Beach, FL to assist with your case before pleading. A skilled defense attorney may be able to have your case thrown out, or otherwise minimize the penalties associated with a conviction for driving with a suspended license. This will offer you a better chance to avoid harsher fines and a further suspension of your license.

Facts of the Case

It is reported that the defendant was stopped by a police officer, after which he was charged with driving with a suspended license and possessing marijuana in excess of 20 grams. Prior to trial, he moved for acquittal, but his motion was denied. Following the trial, he was found guilty as charged. He appealed his conviction for driving with a suspended license, arguing that the State failed to meet its burden of proof. Upon review, the appellate court agreed, reversing his conviction.

Proving the Offense of Driving with a Suspended License

Under Florida Statutes section 322.34(2), it is a crime for a person to drive with a suspended license. To convict a person of this offense, the State must establish each element as set forth under the law. Specifically, it must show that the defendant’s driver’s license was suspended at the time the crime was allegedly committed and that the defendant knew his or her license was suspended but drove a vehicle regardless.

As to the knowledge element of the offense, the law states that knowledge is proven if the person admits to being aware that his or her license was suspended, if the person has previously been cited for driving with a suspended license, or if the person received notice of the suspension. In cases in which a judgment or order was entered against the person, it is presumed that he or she knows of the license suspension, but the presumption is rebuttable.

In the subject case, the State’s sole evidence with regards to knowledge was the video of the defendant’s arrest and the testimony from the arresting officers regarding their personal knowledge of the license suspension. The State failed to introduce the defendant’s driving record or any evidence that would indicate that the defendant was aware that his license had been suspended. As the State failed to present competent evidence to establish the element of knowledge, the appellate court found that the trial court erred in denying the defendant’s motion for acquittal and reversed his conviction.

Meet with a Dedicated Attorney in Florida

Driving with a suspended license can result in significant penalties, and it is important for anyone charged with this offense to speak to an attorney to discuss what defenses may be available. Genine Ann Mejia is a dedicated traffic violation defense attorney, and she can advise you of your options for seeking the best result available under the facts of your case.  You can contact Ms. Mejia via the form online or by calling (386) 463-0849 to set up a confidential meeting.