Driving with a Suspended License in Florida: Penalties and Defenses

Driving with a suspended license in Florida is a serious offense that can lead to harsh penalties, including fines, jail time, and an extended license suspension period. Whether the suspension resulted from unpaid fines, a DUI conviction, or another reason, getting caught behind the wheel without a valid license can complicate your legal situation.

Understanding the penalties you may face and the possible defenses available is crucial for protecting your rights. Let our seasoned criminal defense attorneys help you get the best possible outcome in your case.

Common Reasons for License Suspension in Florida

In Florida, licenses are often suspended due to accumulating too many points on a driving record. Points are added for traffic violations; exceeding a certain threshold can trigger a suspension. Failure to pay traffic fines or court-ordered fees is another common cause.

Additionally, licenses may be suspended for not maintaining proper auto insurance coverage or failing to provide proof of coverage after being cited. DUI convictions or refusing a breath or blood test also lead to mandatory suspensions. In non-traffic-related cases, failure to comply with child support orders can result in a license suspension until payments are brought up to date.

Penalties for Driving on a Suspended License

The penalties that come with a conviction for driving on a suspended license will depend in part on your prior history. If you are a first-time offender, you can expect to experience lesser consequences than if this was your third offense. These penalties are as follows:

• 1st conviction: Maximum 60 days in jail and a $500 fine
• 2nd Conviction: Maximum one year in jail and $1,000 fine
• 3rd or Subsequent Conviction: Maximum five years in prison and a $5,000 fine

Possible Defense Strategies

Facing a charge for driving with a suspended license in Florida doesn’t always mean an automatic conviction. Several defense strategies can be used, depending on the circumstances of your case.

A possible defense involves administrative errors. Mistakes made by the DMV, the court, or law enforcement in processing payments, updating records, or issuing notices can result in unjust suspensions. If you can demonstrate that an administrative error caused the suspension or led to confusion regarding your driving privileges, it may serve as a strong defense.

In some cases, a necessity defense may be applicable. This defense argues that you drove with a suspended license due to an emergency situation, such as transporting someone to a hospital. Courts will closely scrutinize the circumstances to determine if the necessity defense is valid, but it may provide a viable justification in genuine emergencies.

Reach Out to a Defense Attorney Today

Regardless of the specific defense strategy, working with an experienced criminal defense attorney is critical. The team at DiFilippo & Pica, PLLC will thoroughly investigate the circumstances of your case, challenge any weak points in the prosecution’s evidence, and present the strongest possible defense. Contact us today to learn more.