Driving With a Suspended or Revoked License in Gainesville, FL
Millions of people depend on their vehicles every day to get to work, school, appointments, and other important destinations. However, driving while your license is suspended or revoked can lead to serious legal consequences. If you have been charged with driving on a suspended or revoked license, it is important to understand your rights and speak with an experienced criminal defense attorney.
Yvens is a Gainesville, Florida, criminal defense attorney who can evaluate the circumstances of your case and help you understand your legal options. Contact Pierre-Antoine Law, P.A. today to schedule a free consultation.
Why Can a Driver’s License Be Suspended?
Under Florida Statute 322.27, a person’s driving privileges may be suspended for a variety of reasons. Depending on the circumstances, these may include:
- Driving under the influence (DUI);
- Refusing to submit to certain alcohol testing;
- Possessing or selling a controlled substance;
- Failing to maintain required automobile insurance;
- Failing to pay court-ordered fines or fees;
- Accumulating 12 points on a Florida driving record for traffic violations;
- Committing petit theft; or
- Participating in street or highway racing.
The specific reason for a suspension can affect how long the suspension lasts and what steps may be available to restore your driving privileges.
What Is a Habitual Traffic Offender?
Florida law also provides for the designation of a Habitual Traffic Offender (HTO). Under Florida Statute 322.264, a driver may be classified as a habitual traffic offender after accumulating certain qualifying convictions or traffic violations within a five-year period.
Qualifying offenses can include:
- Vehicular manslaughter;
- Driving under the influence (DUI);
- Using a motor vehicle in the commission of a felony;
- Driving with a suspended or revoked license;
- Leaving the scene of a crash when required to stop and provide assistance;
- Unlawfully operating a commercial motor vehicle; and
- Accumulating 15 or more moving traffic violations.
A habitual traffic offender designation can have significant consequences for your driving privileges and may make any subsequent driving-related charge more serious.
What Is the Difference Between a Suspended and Revoked License?
Although the terms are sometimes used interchangeably, a license suspension and a license revocation are different.
A suspension generally prevents you from legally driving for a specified period or until certain requirements are satisfied. For example, if your license was suspended because you failed to maintain automobile insurance, you may be able to restore your driving privileges after obtaining the required coverage and providing proof to the appropriate authorities.
A revoked license, on the other hand, means your driving privileges have been terminated. Regaining those privileges generally requires you to apply for reinstatement through the Florida Department of Highway Safety and Motor Vehicles (DHSMV) and satisfy the applicable requirements.
Because the process and eligibility requirements can vary depending on why your license was suspended or revoked, it is important to determine your exact license status before getting behind the wheel.
Penalties for Driving With a Suspended or Revoked License
Florida law imposes increasingly serious penalties for repeat offenses involving driving while a license is suspended or revoked. Under Florida Statute 322.34, potential penalties include:
- First Conviction: A first conviction may be charged as a second-degree misdemeanor, punishable by up to 60 days in jail and a fine of up to $500.
- Second Conviction: A second conviction may be charged as a first-degree misdemeanor, punishable by up to one year in jail and a fine of up to $1,000.
- Third or Subsequent Conviction: A third conviction may be charged as a third-degree felony, punishable by up to five years in prison and a fine of up to $5,000. Depending on the circumstances, the driver may also face designation as a Habitual Traffic Offender.
The penalties can become even more serious when the underlying suspension or revocation resulted from certain offenses or when other aggravating circumstances are present.
How Can a Criminal Defense Attorney Help?
A charge for driving with a suspended or revoked license can affect your freedom, finances, employment, and ability to drive. An experienced criminal defense lawyer can review your driving history, determine why your license was suspended or revoked, examine the circumstances of the traffic stop or arrest, and identify potential defenses or other options.
Yvens of Pierre-Antoine Law, P.A. brings prior prosecutorial experience to his criminal defense practice. That experience can provide valuable insight into how the State may evaluate and pursue a driving-related criminal charge.
If you have been accused of driving with a suspended or revoked license in Gainesville, don’t ignore the charge or assume the consequences will be minor. Contact an experienced criminal defense attorney to discuss your case and learn about your legal options.
