Police stopped the driver for an inoperable brake light. The Officer discovered that the Driver had a suspended license relative to being a habitual traffic offender. Police arrested the driver for felony driving on a suspended license, habitual revocation. The Defendant faced maximum of 5 years in prison if convicted.
Habitual Traffic Offender
A habitual traffic offender can be defined under Florida law as a person who has a record with the Department of Highway Safety and Motor Vehicles. Within the record, this offender will have three or more traffic offenses within a 5 year period for any one of the following offenses listed:
- Driving under the influence of alcohol or drugs
- Voluntary or involuntary manslaughter
- Operating a commercial motor vehicle without being qualified to do so
- A felony that resulted in using a motor vehicle
- Any violation under section 316.193 (DUI)
- Driving with a revoked or suspended license
- Failing to stop and supply aid that is required under the laws of Florida in the event of a crash that results in personal injury or death
A person can also be labeled as a habitual driver if they have 15 or more citations within a 5 year period. These citations do not need to come from Florida. Any state or country violation can be considered under Florida Statutes.
Florida law requires a suspension of a driver’s license for a minimum of 5 years if the person is a habitual driver.
Suspended License in Florida
A suspended license in Florida can stem from many different scenarios. This may include a DUI arrest or conviction, child support delinquency, a habitual traffic offender, and more. Driving with a suspended license is a criminal offense with serious consequences.
A first offense for someone with a suspended driver’s license could result in 60 days of jail time. The offender must have knowledge of the cancellation, revocation, or suspension. Up to $500 in fines can be imposed on the offender for this. If it is the driver’s second offense, he or she may spend up to one year in jail and could be charged as a first-degree misdemeanor. A third offense will result in felony charges with up to 5 years in prison and a fine of up to $5,000.
Obtaining An Attorney
If you have been charged with a felony for driving on a suspended license due to being a habitual traffic offender, you should contact an experienced attorney. Our attorneys at Musca Law will fight for your rights and tackle any tough charges that are thrown your way. Contact us today for a free consultation to see how our experienced and aggressive team of lawyers can help you today!
RESULT: The Attorney argued that under Florida Law vehicles need only 2 operable brake lights. The Defense submitted photographs of the Client’s brake lights while activated. The Defense proved the Client’s top and lower left brake lights were in working condition. The Defense convinced the State to DROP all charges against our Client.