Driving on a suspended license is a serious offense in the state of Florida. It is important to fully understand the implications and repercussions of this offense. This comprehensive article will discuss the criminal charge of driving with a suspended license in Florida, the associated Florida statutes, penalties if convicted, the criminal process, and the role of an attorney in such a situation. For immediate help, call Musca Law's toll-free phone number at (888) 484-5057.

Understanding the Charge of Driving on a Suspended License in Florida

In Florida, the offense of driving on a suspended license falls under Florida Statute 322.34. As per this statute, anyone who operates a vehicle while their driving privilege is cancelled, suspended, or revoked, is subject to criminal charges.

There are different categories to this offense, ranging from moving violations to criminal charges. Driving with knowledge of a suspended license, for example, is considered a more serious crime than driving without knowledge of the suspension.

Penalties if Convicted of Driving on a Suspended License in Florida

The severity of penalties for driving on a suspended license varies depending on the individual's driving record and the number of prior offenses. For the first offense, it is considered a second-degree misdemeanor, punishable by up to 60 days in jail and a fine of up to $500.

If a person is caught driving on a suspended license a second time, the crime is escalated to a first-degree misdemeanor, punishable by up to a year in jail and a fine of up to $1,000.

However, if a person is caught a third time or more, they may be charged with a third-degree felony under Florida Statute 322.34(2). This can result in up to five years in prison, five years of probation, and a fine of up to $5,000.

In addition, under Florida Statute 322.264, individuals can be classified as a Habitual Traffic Offender if they have three convictions for certain traffic offenses within five years. This classification will lead to a five-year revocation of the individual's driver's license.

Do People Get Arrested for Driving on a Suspended License in Florida?

Yes, in the state of Florida, people can indeed be arrested for driving on a suspended license. When a person is pulled over by law enforcement and found to be driving on a suspended license, the police officer has discretion on how to proceed. They can either issue a criminal citation or make a physical arrest, depending on the circumstances and severity of the violation.

For example, if the driver was aware that their license was suspended, they are committing a more serious offense compared to someone who was unaware. Repeat offenses are also likely to result in an arrest rather than just a citation. In Florida, if an individual is convicted for driving on a suspended license three times within a five-year period, they can be classified as a Habitual Traffic Offender. This can lead to the revocation of the driver's license for five years and potential jail time.

So, while an arrest for driving on a suspended license isn't guaranteed, it is certainly a possible outcome and one of the reasons why it's essential to take such charges seriously. If you're facing such a situation, consulting with a knowledgeable and experienced attorney such as those at Musca Law, can greatly help navigate the legal process and minimize potential penalties.

The Criminal Case Process in Florida

The criminal process for driving on a suspended license typically involves the following steps:

  • Arrest or Citation: The process begins when an individual is either arrested or issued a citation for driving on a suspended license.
  • Arraignment: At the arraignment, the individual (now the defendant) is informed of the charges against them, and they are asked to enter a plea of guilty, not guilty, or no contest.
  • Discovery and Motions: During this phase, your attorney will request evidence from the state and possibly file motions to suppress evidence or dismiss the charges.
  • Plea Bargaining: If appropriate, your attorney will negotiate with the prosecutor in an attempt to secure a lesser charge or reduced sentence.
  • Trial: If no plea deal is reached, the case will go to trial where the prosecution must prove guilt beyond a reasonable doubt.
  • Sentencing: If found guilty, the judge will determine the appropriate sentence based on statutory guidelines.

Role of the Attorney for a Driving on a Suspended License Charge in Florida

The role of an attorney in a case of driving on a suspended license is crucial. They can guide you through each step of the process, ensuring your rights are protected and providing you with the best possible defense.

At the arraignment, your attorney can enter a plea on your behalf and begin the discovery process. During discovery, your attorney will scrutinize the evidence to identify any weaknesses in the prosecution's case.

If negotiations are necessary, your attorney will skillfully negotiate with the prosecutor, aiming for reduced charges or a lesser sentence. Should your case go to trial, your attorney will represent you, questioning witnesses, presenting evidence, and arguing on your behalf to provide a solid defense.

Finally, at sentencing, your attorney will advocate for you, arguing for the most lenient sentence possible. They may present mitigating evidence or reasons why you should receive a lesser sentence.

Seeking Legal Advice 

Navigating through the legal complexities surrounding a charge of driving on a suspended license can be daunting. This is where Musca Law can help. With over 30 locations throughout the state of Florida, they offer experienced, local representation to individuals facing this serious charge.

Musca Law attorneys are committed to providing effective legal strategies tailored to each client's unique circumstances. They will work tirelessly to protect your rights and fight for the best possible outcome.

Don't face this difficult time alone. Call Musca Law's toll-free phone number (888) 484-5057 for immediate assistance and to receive your free consultation. We are here to help guide you through this stressful and difficult time. Remember, you have legal rights, and Musca Law is committed to protecting those legal rights.