Police used a radar gun to clock a Driver speeding on an interstate highway. The Officer busted the Driver going 91 mph in 70 mph zone. The Officer found the Driver’s license was also suspended for a prior DUI conviction. The Officer arrested and charged the Driver with Driving on a Suspended License.
Driving on a Suspended License
In Florida, if you are caught driving on a suspended driver’s license, it will be classified as a second-degree misdemeanor. Penalties for a first offense include a maximum fine of $500 along with up to 60 days in jail. For those that have a second offense, it may be classified as a first-degree misdemeanor. Penalties for this will a maximum of a $1,000 fine and up to one year in prison. A third conviction, and any thereafter could be charged as a felony in the third degree. Penalties for this will include a fine up to $5,000 and jail time of up to five years.
Why a Driver’s License Could Be Suspended in Florida
The following reasons are why a driver’s license could be suspended in the state of Florida:
- Drug-related convictions
- Plea to racing on highways charge
- Petit theft convictions
- DUI Refusal
- Points suspensions
- Child support delinquency
- DUI arrest or conviction
- Habitual Traffic Offender classification
- Failure to pay fines, court judgments, or court costs
- Failure to appear in court
- Failure to maintain continuous insurance
Radar guns are commonly used in the state of Florida to detect drivers that are speeding. However, in order to successfully pull someone over using a radar gun, law enforcement will need to prove the following:
- The police officer completed the appropriate training regarding the radar gun device.
- The law enforcement officer made an independent visual determination that you were in excess of the speed limit.
- The officer wrote the ticket based on evidence he or she obtained from the radar gun device while taking into account any weather conditions.
Musca Law Firm
If you have been pulled over for any reason, such as a DUI or speeding, we want to hear from you. Musca Law Firm serves the entire state of Florida with several offices located in various cities across the state. Our firm has your best interest at heart, and our team of lawyers are equipped with over 150 years of combined legal experience. We will take the time to listen to your side of the story, then do our research to find the best possible defense strategies for your case.
We have a 24-hour answering phone service, so that we can be reached at any time of the day when we are most needed by our clients. Please contact us today at (888) 484-5057 for your free initial consultation. We look forward to hearing from you!
RESULT: The Musca Law Defense Attorney subpoenaed the Officer involved in the Client’s arrest and called his experience with the radar gun and its accuracy into question. The Attorney successfully proved to the Court that without a working radar gun, the Officer had no probable cause to pull the Client over. The Court issued no formal finding of guilt against the Client and DISMISSED the case.