Lasik Eye Surgery Patient Charged with Violation of Driver’s License Restriction

Charge Dropped!

The Charges

Our Client was pulled over for speeding and for an expired tag. Her driver’s license did not reflect the fact she previously had Lasik eye surgery performed to correct her vision. During the stop, it was determined that she was not wearing corrective lenses, violating a restriction on her driver’s license. She was cited for Violation of Restriction on Driver’s License (a criminal misdemeanor offense).

Violation of Restriction on a Driver’s License

A Violation of Restriction on a Driver’s License is a second-degree misdemeanor. According to the Florida Statutes, Section 322.16(1)(c) it states:

“The department may . . . at any time, impose . . . restrictions on the use of the license with respect to time and purpose of use or may impose any other condition or restriction upon recommendation of any court, of the Parole Commission, or of the Department of Corrections with respect to any individual who is under the jurisdiction, supervision, or control of the entity that made the recommendation.”

If found guilty of this crime, the defendant will pay a fine of $500 and spend up to 60 days in jail. 

Expunging a Record

Expunging your record means having record systems or files removed and destroyed. Adult criminal history records are public to some extent, so anyone can find out about an arrest, charges, or a case disposition.  

When expunging your record, you must first obtain a certificate of eligibility. In this application, you must also supply a certified copy of the final disposition on the case, and a full set of fingerprints. Once you have applied for this, the Department of Law Enforcement will determine if you are approved for this. If you are, you will then need to file a petition to seal or expunge your record with the court that handled the case. 

There are many crimes that are not eligible for expungement, including the following:

  • Arson
  • Sexual violations
  • Domestic Violence
  • Drug trafficking
  • Illegal use of explosives
  • Kidnapping
  • Carjacking
  • Prostitution
  • Child abuse
  • Sexual activity with a child between 12-17 years of age
  • Stalking
  • Home invasion robbery

Musca Law Firm

At Musca Law Firm we have over 150+ years of combined legal experience. Our firm offers a free initial case consultation to all new cases in order to discuss your case with you. At that time, you can decide if our attorneys are the right fit for you, which we are very confident that we will be. 

Our firm has the ultimate goal to obtain a favorable outcome for you. We will develop a strategic defense and go head-to-head with the prosecution. Please call us today at (888) 484-5057 to speak with one of our highly-qualified attorneys.

RESULT: At the non-jury trial, the Musca Law Defense Attorney presented the Assistant State Attorney with the Defendant’s new driver’s license issued without a restriction for corrective lenses, as well as documentation of Lasik eye surgery. In light of the evidence presented, the State agreed to DROP THE CHARGE (Nolle Prose). Our Client is now eligible to petition the Court to expunge her record.

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