Defendant Arrested for Habitual Driving Without a License After Speeding


The Charges

Officers stopped a driver traveling across the state for speeding. The driver possessed a suspended license. Officers arrested and charged the defendant with felony habitual driving on a suspended license. The defendant faced jail time for her crime.

Suspended License in Florida

Driving with a suspended license in Florida is defined as a person who is driving a motor vehicle who has knowledge that their license has been suspended, canceled, or revoked. As driving with a suspended license is a criminal offense, there are many negative penalties that are associated with this charge. A fine of up to $500 can be imposed, along with up to 60 days in jail for a first offense. A second offense will be charged as a second-degree misdemeanor, which carries with it up to one year in jail. A third offense results in 5 years in prison, a fine of $5,000, and is charged as a felony. 

Reasons for a suspended driver’s license could include any one of the following:

  • Points suspension
  • DUI arrest or charge
  • Behind in child support payments
  • Drug-related convictions
  • Plea to racing on highway charges
  • Failure to have continuous insurance on a vehicle
  • Habitual Traffic Offender classification
  • Failure to pay court costs or restitution
  • Failure to appear in court
  • Petit theft conviction

There are many defenses that can be used for charges of driving on a suspended license. These include that the offender was not really driving, that the vehicle was not considered a “motor vehicle,” that the offender did not realize their driver’s license was suspended, that the offender thought the driver’s license had been reinstated, and/or that there were legal challenges associated with the traffic stop. If none of these defenses correlate with your case, an attorney can negotiate with the prosecution to possibly have a citation issued instead of a driver’s license suspension charge. 

Habitual Driving

If a person has three or more offenses in a time-period of 5-years or less, they will be labeled as a habitual driver or a habitual traffic offender (HTO). This will result in a 5-year driver’s license revocation. One full year must pass before the HTO will be able to apply for a hardship license.  

Lawyer Representation

If you find yourself charged with felony habitual driving on a suspended license, please call Musca Law Firm. Our firm has successfully handled many of these cases over the years. We are not afraid to enter aggressive arguments with the prosecution in order to reduce or dismiss your charges. We want what is best for our clients and will fight until we get it. Many of our clients have walked away with no charges! We have a wide variety of defenses that we can leverage to support your case. We offer a free, no-obligation initial consultation at one of our many offices located across Florida. Don’t hesitate to call us today to determine how our legal services can best support you and your case!

RESULT: The defense entered into heated negotiations over the fate of the client. The defense negotiated the case and the Court ruled NO FELONY CONVICTION and NO JAIL TIME.