Driving While License Suspended Lawyer in Miami, FL
Have You Been Charged with Driving While License Suspended in Miami?
Driving with a suspended license (Florida Statute 322.34) is a misdemeanor in Florida. If an individual is charged for the first time of operating a motor vehicle with a suspended license, it is a second-degree misdemeanor offense. If it is an individual’s second offense for driving with a suspended license, the charges will fall under a first-degree misdemeanor. Someone who has been caught 3 times for driving with a suspended license faces the possibility of up to 5 years in prison.
What is Considered Driving While License Suspended in Miami?
In Miami, law enforcement must prove that the person being charged with driving with a suspended license knew that their license was not intact. In the case that an individual was not aware that they had a suspended license, the charges that are brought up against them are likely to be just a minor traffic infraction.
What Can Happen if I Am Charged with Driving While License Suspended?
When an individual has a suspended license in Miami, FL, it means that under no circumstances are they allowed to get behind the wheel of a motor vehicle. Getting caught operating a motor vehicle while driving privileges are suspended can result in a heap of trouble. Jail time, permanent license revocation, and severe fines are all possibilities of punishment. The best course of action for a person who is charged with the crime of operating a motor vehicle while having a suspended license is to get the services of an attorney who has a great deal of experience handling suspended license cases.
Pursuant to Florida Statute §322.34, it is against the law in Florida to drive while your license has been canceled, suspended, or revoked. The consequences for violation of this law depend on whether you had knowledge that your license had been canceled, suspended, or revoked and whether this is your first, second, or third (or subsequent) conviction for this violation.
If this is your first offense and you did not have knowledge that your license had been canceled, suspended, or revoked, a conviction means you will be found guilty of a moving violation, which is punishable by a fine, assessment of points on your license, and/or traffic school.
When it comes to driving with a license that has been canceled, suspended, or revoked when you had knowledge of such cancellation, suspension, or revocation:
- A first conviction is guilty of a misdemeanor of the second degree, punishable by up to 60 days in jail and/or a $500 fine
- A second conviction is guilty of a misdemeanor of the first degree, punishable by up to 1 year in jail and/or a $1000 fine
- A third (or subsequent) conviction is guilty of a felony of the third degree, punishable by up to 5 years in prison and/or a $5000 fine. If you happen to receive a third (or subsequent) conviction within 5 years of your most recent conviction for driving while your license has been canceled, suspended, or revoked, in addition to being convicted of a third degree felony, you will also be found to be a habitual traffic offender and your license will be suspended for 5 years.
Possible Reasons That a License is Suspended
The reason why people end up with driving privileges suspended may include failure to pay traffic tickets, driving under the influence of alcohol or drugs, or reckless driving. The reasons why a suspended license was given to an individual will play a major role in the repercussions that an individual will have to face if they are caught driving by authorities while their driving privileges are suspended.
The most skilled attorneys in Miami, FL will be able to recognize any loophole that will permit their client to avoid the most serious consequences of driving with a suspended license.
How a Defense Attorney Will Help Your Case
Operating a vehicle with driving privileges suspended is a serious crime that comes with serious consequences. Trying to go to court to fight against charges of driving while license suspended without an attorney is a grave mistake. When this is done, it is the word of the person that is being charged with the crime against the word of the police officer. The probable outcome in this scenario is not likely to be favorable for the defendant. There is a good chance that if an attorney is hired, they will be able to find fault in the officer’s actions during the time of the arrest, which will positively affect the outcome of your case.
In Miami, driving with a suspended license is a very serious offense and punishment for the crime can be severe. How severe the punishments for operating a vehicle with driving privileges suspended are going to be depends on the details of the case. Punishment by a court can range from a simple non-criminal traffic infraction, to a third-degree felony.
With each arrest having unique circumstances, our attorney will know what defense tactics will best suit each individual case; giving clients the best chance of having their charges reduced or dropped completely. If you or someone you know is being charged with driving while their license is suspended, do not take the chances of going to court without legal representation.