Driving While License Suspended In Florida Third Conviction
In Florida there are two types of driving with a suspended license charges. Driving with a suspended license with knowledge of the suspension is a criminal charge. Driving with a suspended license without knowledge of the suspension is a civil infraction.
If the ticket is for the criminal charge of driving with a suspended license then you cannot just pay a fine. Since it is a criminal charge you must appear in court to answer to the charge. There can be fines associated with a criminal driving with a suspended license charge in addition to cost of investigation, cost of prosecution and court costs. The maximum penalty for a third offense criminal driving with a suspended license is up to 5 years in prison, up to 5 years on probation and up to a $5,000 fine.
If you get 3 driving while license suspended convictions within a five year period the Florida Department Of Highway Safety And Motor Vehicles(DHSMV) will classify you as a habitual traffic offender and, consequently, will revoke your driving privilege for 5 years. So basically 3 strikes in 5 years and you sit the bench for 5 years in the driving game. You cannot even apply for a hearing for a hardship license for 1 year and just because you apply for a hardship license after 1 year does not mean DHSMV is going to give it to you. So no driving for at least 1 year and then maybe DHSMV will allow you to drive for the next 4 years for business or employment purposes only.
A driving privilege restricted to “business purposes only” means a driving privilege that is limited to any driving necessary to maintain livelihood, including driving to and from work, necessary on-the-job driving, driving for educational purposes, and driving for church and for medical purposes. A driving privilege restricted to “employment purposes only” means a driving privilege that is limited to driving to and from work and any necessary on-the-job driving required by an employer or occupation.
If the offense is a civil infraction then the penalty is a fine and points on your record. Points on your driving record can lead to a license suspension in addition to increased car insurance costs. It is important to know that a conviction for the civil infraction of driving with a suspended license still counts as a strike towards being classified as a habitual traffic offender and losing your license for 5 years.
If you have been charged with driving with a suspended license please contact Chris S. Boatright, P.A. at 407-740-8300 or email chris@theorlandodefenselawyer.com to discuss your case. Chris is a former driving with a suspended license prosecutor who has been defending people charged with driving with a suspended license for over 18 years. If driving is important to you then put his knowledge and experience to work protecting your driver’s license and your record.
Driving with a suspended license charges can be beaten in court for many reasons. Chris has beat them for many clients and he may be able to beaten them for you. Call 407-740-8300 or email chris@theorlandodefenselawyer.com for a free consultation.