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Driving on a Suspended License

License suspensions can be extremely inconvenient, especially if driving is a requirement of your day-to-day life. But if you’re caught driving anyway, you could be facing some serious long-term consequences. 


What Is A License Suspension? 


According to Florida Statute 322.01(40), a license suspension is when your driving privileges are temporarily withdrawn for a certain period of time. During this time, you are not legally allowed to drive. You can resume driving once the suspension ends.


License suspensions are, for the most part, non-negotiable. However, you might qualify for a hardship license, which grants you the right to drive under certain conditions. For example, a work purpose hardship license allows you to drive to and from work or work-related endeavors. A business purposes hardship license goes even further, adding school, church, and medical visits to the list. Not everyone is granted a hardship license, though, especially depending on the reason for the suspension and any prior record you may have. 


Why Are Licenses Suspended? 


Most license suspensions occur due to point accrual. Certain driving-related infractions, like speeding or failing to stop for a school bus, lead to “points” on your license. Point accrual suspensions occur as follows: 


  • 12 points within 12 months – 30-day suspension 
  • 18 points within 18 months – 90-day suspension
  • 24 points within 26 months – 1 year suspension


Other reasons why your license might be suspended include (but aren’t limited to): 


  • Driving without active car insurance (or allowing your car insurance to lapse)
  • A DUI arrest or conviction
  • Refusing a lawful DUI breath, blood, or urine test
  • Unpaid legal fines or costs (court judgements, court costs, child support, etc.)
  • Failure to appear in court for any reason
  • Fleeing from or otherwise attempting to elude law enforcement
  • Drug or drug-related convictions
  • Highway racing
  • Petty theft
  • Repeat offenses resulting in a “Habitual Traffic Offender” classification


What Happens If You’re Caught Driving On A Suspended License?


The consequences for driving on a suspended license depend on whether or not you’ve been charged with driving on a suspended license before:


  • First offenses are charged as a second-degree misdemeanor, punishable by up to 60 days in jail and a $500 fine. 
  • Second offenses graduate to a first-degree misdemeanor, punishable by up to 12 months in jail and a $1,000 fine. 
  • Third offenses can also be charged as a first-degree misdemeanor, but may be charged as a third-degree felony depending on the circumstances. The latter comes with up to 5 years in prison along with a $5,000 fine. 


The amount of time between offenses matters, too. If three offenses occur within a 5-year period, you could be labeled by the DMV as a habitual traffic offender (HTO), which could lead to a 5-year license revocation without the opportunity for a hardship license for one year after the most recent infraction. 


It’s important to note, however, that you can only be charged with driving on a suspended license if you were aware that your license has been suspended. For example, say your license is suspended due to unpaid child support, and the suspension occurs after a two-week grace period. Unless you are home to receive the notice via mail, you may be completely unaware that your license has been suspended for non-payment. In such a case, you could then only be issued notice of your license suspension and a warning. 


Of course, proving that you were unaware of your license suspension can be difficult, which is why it’s vital to retain an experienced driving on a suspended license lawyer to help make your case. 


What Do I Do If I’ve Been Caught Driving Without A License?


If you’re pulled over for a traffic violation and subsequently discovered to be driving on a suspended license, all hope is not lost. There are a variety of defenses available to fight a suspended license charge, or to at the very least minimize possible punishments. For example, an experience suspended license defense lawyer might:


  • Argue that the accused was not aware of the suspension
  • Argue that the accused believed or had reason to believe their license had been reinstated
  • Challenge the validity of the traffic stop
  • Prove that the accused was not driving on a public highway
  • Argue that the accused was not the one driving
  • Argue that the vehicle operated by the accused at the time of the traffic stop does not qualify as a “motor vehicle” as defined by the driver’s license statute
  • Work to vacate previous suspended license convictions to potentially reduce the current charge to a No Valid Driver’s License charge


Lakeland Criminal Defense Lawyers


There are, of course, other defenses to take aside from not knowing about the suspension. An experienced attorney might challenge the validity of the traffic stop that led to the charges of driving on a suspended license, or argue that you were not driving on a public motorway. 


To ensure you choose the best possible defense, you need the best possible defense attorney. Will Hanlon with Hanlon Law has nearly twenty years of experience in the courtroom. Our legal team will work tirelessly on your behalf to help you secure the best possible outcome. Contact Hanlon Law today to schedule a free consultation.

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