Driving While License Suspended, Revoked, Canceled, or Disqualified

Driving While License Suspended, Revoked, Canceled, or Disqualified in Florida

Driving While License Suspended, Revoked, Canceled, or Disqualified (DWLS) can be charged as a civil infraction (i.e. traffic ticket) or criminal offense. The crime of Driving While License Suspended is basically driving while knowing that your driver’s license or driving privilege was canceled, suspended, or revoked. Alternatively, this can be charged as a civil infraction when knowledge of the suspension cannot be proven.

Either way, Driving While License Suspended cannot be taken lightly. A third offense, whether a criminal charge or civil infraction, within five (5) years can result in being labeled a Habitual Traffic Offender and losing your driving privilege for five (5) years. In addition, convictions for Driving While License can result in a vicious cycle, sometimes leading to people becoming convicted felons. Do not ignore a charge for Driving While License Suspended in Broward, Miami-Dade, or Palm Beach County. Call our attorneys at (954) 951-3351 so that we can help you get back on track and help you out of the vicious cycle.

Definition of Driving While License Suspended, Revoked, Canceled, or Disqualified in Florida

Driving While License Suspended, Revoked, Canceled, or Disqualified, as defined by § 322.34, Florida Statutes, is any person whose driver license or driving privilege has been canceled, suspended, or revoked as provided by law, who then, knowing of such cancellation, suspension, or revocation, drives any motor vehicle on public roadways while the license or privilege is canceled, suspended, or revoked.

The State’s attorney must prove beyond a reasonable doubt that the defendant is guilty of Driving While License Suspended, Revoked, Canceled, or Disqualified by establishing the following three (3) elements of the crime:

(1) The defendant drove a motor vehicle on a Florida roadway

(2) At the time, the defendant ‘s driver license was canceled, suspended, or revoked

(3) At the time, the defendant knew his or her driver license or driving privilege was canceled, suspended, or revoked

Penalties for Driving While License Suspended, Revoked, Canceled, or Disqualified in Florida

(1) A first conviction is a second degree misdemeanor punishable by up to 60 days in jail and a fine of up to $500 as provided in §. 775.082 and § 775.083, Florida Statutes.

(2) A second conviction is a first degree misdemeanor punishable by up to one (1) year in prison and a fine of up to $1,000 as provided in § 775.082 and § 775.083, Florida Statutes.

(3) A third or subsequent conviction is a third degree felony punishable by up to 5 years in prison and a fine of up to $5,000 as provided in §. 775.082 and § 775.083, Florida Statutes.

Defenses to Driving While License Suspended, Revoked, Canceled, or Disqualified in Florida

(1) Invalid traffic stop

(2) The defendant was not driving

(3) The defendant did not know of the cancelation, suspension, or revocation

(4) The defendant’s license had been reinstated or there was reason to believe it had been reinstated

Examples of Driving While License Suspended, Revoked, Canceled, or Disqualified in Florida

(1) The driver had paid the fines that caused the license to be suspended so the driver believed his or her license was cleared at the time the driver drove the vehicle

(2) The driver had recently moved so the notification of suspension had not reached him or her before he or she could report his or her address change

Contact Us

If you have been charged with the crime of Driving While License Suspended, Revoked, Canceled, or Disqualified in Broward, Miami-Dade, or Palm Beach County, you need to speak with a criminal defense attorney right away to ensure your rights are protected. The Law Office of Sean Clayton, P.A., can help you better understand your situation and your options. Contact us today for your free consultation.