Driving without a License Attorney
Reasons you might be Driving without a License
- You have a license but it’s not in your possession. In other words, you were licensed to drive but lacked proof, an infraction that may be dismissed once you can prove that you possessed a valid license at the time of the incident. (Note: you may have to pay a fine.)
- You never applied for a license (or your license expired). Florida Statutes Section 322.03 states that, “Except as otherwise authorized in this chapter, a person may not drive any motor vehicle upon a highway in this state unless such person has a valid driver’s license issued under this chapter.” Any person whose driver’s license has been expired for 4 months or less is guilty of an infraction and subject to a fine.
- Your license was cancelled, revoked or suspended by the authorities. This offense is punishable as misdemeanor (resulting in a fine and possible jail time) unless it’s a third offense in which case it is treated as a felony. (Florida Statutes § 775.082). The offense is actually broken into classes: Driving While License Suspended (DWLS) Without Knowledge is a civil infraction. (Florida Statute 322.34 (1)) This is a lesser offense that occurs when you did not know your license was suspended. The more serious offense is DWLS With Knowledge, a criminal infraction (second degree misdemeanor)and is considered a major moving violation.
Driving without a License Penalties
You will face harsh criminal penalties if you are caught driving without a license, or even if your license has been expired for more than 4 months. Depending on the circumstances, you can be sent to jail, be forced to pay fines and placed on probation.
If you are caught operating your vehicle after your license has been suspended or revoked, you can face up to 60 days in jail, probation, and a fine of up to $1000. In addition, three such charges could result in a complete revocation of your driver’s license
In Florida, as in all U.S. states, driving is a privilege and not a right. Florida State Statutes in Section 322.03 state that a person may not operate any motor vehicle on state roadways unless they have a valid, unexpired license.
Depending on the reasons why you do not have a valid license, punishment for violations may include:
- Fines as low as $63 (for an expired license) or as high as $5000 for driving with a license that has been permanently revoked
- Possible time in jail, especially if it is a repeat offense. Sentencing may range anywhere from 60 days to 5 years depending on the severity of the case
Florida vehicle laws are particularly strict when it comes to repeat violations involving a permanently revoked license. First and second time offenses are considered to be misdemeanors, while a third time offense will result in actual felony charges.
How do you fight Driving without a License
Fighting a “driving without a license charge” can be difficult. Once the district attorney or prosecutor alleges that you drove without a valid license, the burden of proof is on you to prove that you did possess a valid driver’s license at the time of your offense. If you don’t evidence of a license, you lose! Depending on your circumstances, you should seek counsel from an experienced Traffic Ticket Attorney.
Driving without a license is a serious offense in Florida. Contacting a Criminal Ticket Defense Attorney may be necessary in order to ensure that you are informed of all your rights under state laws. This is especially the case if you are involved in multiple offenses and may be facing a felony charge.
If you have received a Traffic Ticket for Driving without a License contact an Experienced Ticket Attorney
Have The Experience Of A Former Assistant State Attorney
Mitchell Frank has been a member of the Florida Bar since 1987. He graduated the University of Miami School of Law in 1986 and received a Business Degree from the University of Miami in 1983. Experienced Fort Lauderdale Ticket Attorney Serving Fort Lauderdale, Plantation, Davie, Pompano Beach, Weston, Deerfield Beach, Weston, Coral Springs, Oakland Park, Wilton Manors, Sunrise, Miami, Miami Beach, South Beach all of Broward County & Miami Dade County Call 1-800-980-5650 or if you prefer, use the quick form above and get a response within 24 hours – including weekends, holidays, and evenings!
Contact my office at: (954) 476-5650, (305) 222-8878 or (800) 980-5650 to speak to an attorney immediately or fill out the contact form located at the left side of the page and I will contact you. Either way, I will discuss your case with you and advise you of the cost to represent you. You can then come to my office or pay by credit card or check card over the phone. It’s that easy! No Bait and Switch