Suspended License in Florida - DWLS


What to do when stopped by the traffic police?

If you are pulled over and are aware of your license being suspended, do not share that information with the trooper or police officer.  Remember that you have the right to remain silent.


Even if you just received a citation or a "notice to appear" you should be aware that you were actually arrested and released at the scene on a criminal charge, a second degree misdemeanor for a first offense, punishible by 60 days in jail and a $500 fine, a first degree misdemeanor which is punishable by 364 days in jail. A felony may be charged for subsequent offenses.

In most cases, drivers are unaware of their placement on the suspension list and are surprised to be informed that their license is suspended.  The Law Offices of Victor Vedmed, P.A. has a high success rate of winning driving while suspended cases because we put the burden of proof on the State!


We can help you protect your criminal record, driving record and begin your defense today. Call us at 305-267-6006 Coral Way or 305-825-4870 Hialeah to discuss your best defense and strategies to fight your charges today.


There are multiple reasons that could lead to the suspension of a license to operate a motor vehicle in Florida.  

If you receive 12 or more points on your current driver record
Failure to appear in court or to pay fines
Failure to pay surcharges
Driving with a suspended license
Failure to provide proof of insurance
Physical or mental disqualification
Drug or alcohol use while driving (DUI)
Reckless driving
Vehicle abandonment on a public highway
Failure to Pay Child Support
Fault in a fatal accident

If you have you been charged with driving while suspended, the Law Offices of Victor Vedmed, P.A., can help you!  We have served thousands of clients and won cases by demonstrating that the Department of Motor Vehicles erroneously suspended your license or that the prosecutor lacked the evidence to proceed with the case!


Call us at 305-267-6006 Coral Way or 305-825-4870 Hialeah to discuss your best defense and strategies to fight your charges today.


No Valid Driver's License


If you have been charged with the criminal offense of "no valid" driver's license under Florida Statute Section 322.03 then contact an experienced criminal defense attorney with the Law Offices of Victor Vedmed in Miami-Dade County, FL.


Just as it is illegal to drive a motor vehicle in Florida with a suspended or revoked driver’s license, it is illegal to drive in Florida without a valid and recognized driver’s license. The difference in these two crimes is that with a driving while license suspended charge, at one point the driver had a Florida driver’s license that was legal and at some point, for whatever reason, that driver’s license was suspended or revoked. Mr. Vedmed has defended thousands of NVDL charges. He has represented those concerned about keeping their record free from criminal conviction and very often has been able to negotiate this charge down to a moving civil traffic infraction. Because this charge is a criminal offense, technically it could affect those who are not citizens of our country. Though it is rare to face deportation or other immigration consequences resulting from a No Valid Driver’s License because it is a criminal offense it is possible.


Even if you just received a citation or a "notice to appear" you should be aware that you were actually arrested and released at the scene on a criminal charge, a second degree misdemeanor which is punishable by 60 days in jail and a $500 fine.

WHAT DOES THE STATE HAVE TO PROVE?

A No Valid Driver’s License charge is governed by Florida Statue 322.03 and occurs when the following elements are met:

The Defendant drove a motor vehicle upon a highway in this State.

AND

At the time, the driver did not have a valid driver’s license recognized by the Department of Highway Safety and Motor Vehicles of the State of Florida.

The Defendant does not have to be proven to be driving a moving vehicle. Like any other driving offense, all that is necessary is for the driver to be in actual physical control of the vehicle. Florida Courts have held that to mean that one is behind the wheel with an actual and imminent ability to control the vehicle.

DEFENSES

Though a No Valid Driver’s license charge is quite simple, there are defenses to the charge. From time to time those cited with No Valid Driver’s License actually do have a driver’s license recognized by the Florida Department of Highway Safety and Motor Vehicles of the State of Florida. Gaps in the exchange of information from state to state can and do happen. Also, identification of the indivisual charged becomes an issue.  The state has to actually prove who the person committing the offense is.  Whe someone does not have identification or past criminal history, this becomes very difficult for the state. 

Past clients have presented situations where they recently received a driver’s license in another state but did not have it in their possession at the time of stop. Despite the driver’s license being valid, the gap in update of information from state to state caused the officer to believe our client had no license and cited him as such. Because they had a legal license at the time of stop they had a full defense to the allegation. Another possible defense is based on failure to show driving or actual physical control of the vehicle. If the vehicle is inoperable at the time the officer issues the citation it may be possible to show that actual physical control is impossible.



Call us at 305-267-6006 Coral Way or 305-825-4870 Hialeah to discuss your best defense and strategies to fight your charges today.





Driving While Suspended Law


DRIVERS' LICENSES
322.34 Driving while license suspended, revoked, canceled, or disqualified.—
(1) Except as provided in subsection (2), any person whose driver’s license or driving privilege has been canceled, suspended, or revoked, except a “habitual traffic offender” as defined in s. 322.264, who drives a vehicle upon the highways of this state while such license or privilege is canceled, suspended, or revoked is guilty of a moving violation, punishable as provided in chapter 318.
(2) Any person whose driver’s license or driving privilege has been canceled, suspended, or revoked as provided by law, except persons defined in s. 322.264, who, knowing of such cancellation, suspension, or revocation, drives any motor vehicle upon the highways of this state while such license or privilege is canceled, suspended, or revoked, upon:
(a) A first conviction is guilty of a misdemeanor of the second degree, punishable as provided in s. 775.082 or s. 775.083.
(b) A second conviction is guilty of a misdemeanor of the first degree, punishable as provided in s. 775.082 or s. 775.083.
(c) A third or subsequent conviction is guilty of a felony of the third degree, punishable as provided in s. 775.082, s. 775.083, or s. 775.084.

The element of knowledge is satisfied if the person has been previously cited as provided in subsection (1); or the person admits to knowledge of the cancellation, suspension, or revocation; or the person received notice as provided in subsection (4). There shall be a rebuttable presumption that the knowledge requirement is satisfied if a judgment or order as provided in subsection (4) appears in the department’s records for any case except for one involving a suspension by the department for failure to pay a traffic fine or for a financial responsibility violation.

(3) In any proceeding for a violation of this section, a court may consider evidence, other than that specified in subsection (2), that the person knowingly violated this section.
(4) Any judgment or order rendered by a court or adjudicatory body or any uniform traffic citation that cancels, suspends, or revokes a person’s driver’s license must contain a provision notifying the person that his or her driver’s license has been canceled, suspended, or revoked.
(5) Any person whose driver’s license has been revoked pursuant to s. 322.264 (habitual offender) and who drives any motor vehicle upon the highways of this state while such license is revoked is guilty of a felony of the third degree, punishable as provided in s. 775.082, s. 775.083, or s. 775.084.
(6) Any person who operates a motor vehicle:
(a) Without having a driver’s license as required under s. 322.03; or
(b) While his or her driver’s license or driving privilege is canceled, suspended, or revoked pursuant to s. 316.655, s. 322.26(8), s. 322.27(2), or s. 322.28(2) or (4),

and who by careless or negligent operation of the motor vehicle causes the death of or serious bodily injury to another human being is guilty of a felony of the third degree, punishable as provided in s. 775.082 or s. 775.083.

(7) Any person whose driver’s license or driving privilege has been canceled, suspended, revoked, or disqualified and who drives a commercial motor vehicle on the highways of this state while such license or privilege is canceled, suspended, revoked, or disqualified, upon:
(a) A first conviction is guilty of a misdemeanor of the first degree, punishable as provided in s. 775.082 or s. 775.083.
(b) A second or subsequent conviction is guilty of a felony of the third degree, punishable as provided in s. 775.082, s. 775.083, or s. 775.084.
(8)(a) Upon the arrest of a person for the offense of driving while the person’s driver’s license or driving privilege is suspended or revoked, the arresting officer shall determine:
1. Whether the person’s driver’s license is suspended or revoked.
2. Whether the person’s driver’s license has remained suspended or revoked since a conviction for the offense of driving with a suspended or revoked license.
3. Whether the suspension or revocation was made under s. 316.646 or s. 627.733, relating to failure to maintain required security, or under s. 322.264, relating to habitual traffic offenders.
4. Whether the driver is the registered owner or coowner of the vehicle.
(b) If the arresting officer finds in the affirmative as to all of the criteria in paragraph (a), the officer shall immediately impound or immobilize the vehicle.
(c) Within 7 business days after the date the arresting agency impounds or immobilizes the vehicle, either the arresting agency or the towing service, whichever is in possession of the vehicle, shall send notice by certified mail to any coregistered owners of the vehicle other than the person arrested and to each person of record claiming a lien against the vehicle. All costs and fees for the impoundment or immobilization, including the cost of notification, must be paid by the owner of the vehicle or, if the vehicle is leased, by the person leasing the vehicle.
(d) Either the arresting agency or the towing service, whichever is in possession of the vehicle, shall determine whether any vehicle impounded or immobilized under this section has been leased or rented or if there are any persons of record with a lien upon the vehicle. Either the arresting agency or the towing service, whichever is in possession of the vehicle, shall notify by express courier service with receipt or certified mail within 7 business days after the date of the immobilization or impoundment of the vehicle, the registered owner and all persons having a recorded lien against the vehicle that the vehicle has been impounded or immobilized. A lessor, rental car company, or lienholder may then obtain the vehicle, upon payment of any lawful towing or storage charges. If the vehicle is a rental vehicle subject to a written contract, the charges may be separately charged to the renter, in addition to the rental rate, along with other separate fees, charges, and recoupments disclosed on the rental agreement. If the storage facility fails to provide timely notice to a lessor, rental car company, or lienholder as required by this paragraph, the storage facility shall be responsible for payment of any towing or storage charges necessary to release the vehicle to a lessor, rental car company, or lienholder that accrue after the notice period, which charges may then be assessed against the driver of the vehicle if the vehicle was lawfully impounded or immobilized.
(e) Except as provided in paragraph (d), the vehicle shall remain impounded or immobilized for any period imposed by the court until:
1. The owner presents proof of insurance to the arresting agency; or
2. The owner presents proof of sale of the vehicle to the arresting agency and the buyer presents proof of insurance to the arresting agency.

If proof is not presented within 35 days after the impoundment or immobilization, a lien shall be placed upon such vehicle pursuant to s. 713.78.

(f) The owner of a vehicle that is impounded or immobilized under this subsection may, within 10 days after the date the owner has knowledge of the location of the vehicle, file a complaint in the county in which the owner resides to determine whether the vehicle was wrongfully taken or withheld. Upon the filing of a complaint, the owner or lienholder may have the vehicle released by posting with the court a bond or other adequate security equal to the amount of the costs and fees for impoundment or immobilization, including towing or storage, to ensure the payment of such costs and fees if the owner or lienholder does not prevail. When the vehicle owner or lienholder does not prevail on a complaint that the vehicle was wrongfully taken or withheld, he or she must pay the accrued charges for the immobilization or impoundment, including any towing and storage charges assessed against the vehicle. When the bond is posted and the fee is paid as set forth in s. 28.24, the clerk of the court shall issue a certificate releasing the vehicle. At the time of release, after reasonable inspection, the owner must give a receipt to the towing or storage company indicating any loss or damage to the vehicle or to the contents of the vehicle.
(9)(a) A motor vehicle that is driven by a person under the influence of alcohol or drugs in violation of s. 316.193 is subject to seizure and forfeiture under ss. 932.701-932.706 and is subject to liens for recovering, towing, or storing vehicles under s. 713.78 if, at the time of the offense, the person’s driver’s license is suspended, revoked, or canceled as a result of a prior conviction for driving under the influence.
(b) The law enforcement officer shall notify the Department of Highway Safety and Motor Vehicles of any impoundment or seizure for violation of paragraph (a) in accordance with procedures established by the department.
(c) Notwithstanding s. 932.703(1)(c) or s. 932.7055, when the seizing agency obtains a final judgment granting forfeiture of the motor vehicle under this section, 30 percent of the net proceeds from the sale of the motor vehicle shall be retained by the seizing law enforcement agency and 70 percent shall be deposited in the General Revenue Fund for use by regional workforce boards in providing transportation services for participants of the welfare transition program. In a forfeiture proceeding under this section, the court may consider the extent that the family of the owner has other public or private means of transportation.
(10)(a) Notwithstanding any other provision of this section, if a person does not have a prior forcible felony conviction as defined in s. 776.08, the penalties provided in paragraph (b) apply if a person’s driver’s license or driving privilege is canceled, suspended, or revoked for:
1. Failing to pay child support as provided in s. 322.245 or s. 61.13016;
2. Failing to pay any other financial obligation as provided in s. 322.245 other than those specified in s. 322.245(1);
3. Failing to comply with a civil penalty required in s. 318.15;
4. Failing to maintain vehicular financial responsibility as required by chapter 324;
5. Failing to comply with attendance or other requirements for minors as set forth in s. 322.091; or
6. Having been designated a habitual traffic offender under s. 322.264(1)(d) as a result of suspensions of his or her driver’s license or driver privilege for any underlying violation listed in subparagraphs 1.-5.
(b)1. Upon a first conviction for knowingly driving while his or her license is suspended, revoked, or canceled for any of the underlying violations listed in subparagraphs (a)1.-6., a person commits a misdemeanor of the second degree, punishable as provided in s. 775.082 or s. 775.083.
2. Upon a second or subsequent conviction for the same offense of knowingly driving while his or her license is suspended, revoked, or canceled for any of the underlying violations listed in subparagraphs (a)1.-6., a person commits a misdemeanor of the first degree, punishable as provided in s. 775.082 or s. 775.083.
(11)(a) A person who does not hold a commercial driver’s license and who is cited for an offense of knowingly driving while his or her license is suspended, revoked, or canceled for any of the underlying violations listed in paragraph (10)(a) may, in lieu of payment of fine or court appearance, elect to enter a plea of nolo contendere and provide proof of compliance to the clerk of the court, designated official, or authorized operator of a traffic violations bureau. In such case, adjudication shall be withheld. However, no election shall be made under this subsection if such person has made an election under this subsection during the preceding 12 months. A person may not make more than three elections under this subsection.
(b) If adjudication is withheld under paragraph (a), such action is not a conviction.


There are two types of license suspension:

Court imposed suspension
Administrative / Division of Motor Vehicles suspension

A suspended license can be the result from failure to appear in Court, failure to pay a fine after pleading or as a result of a Court order.  Also, a suspended license can be the result of  administrative action by the DHSMV like an accumulation of too many motor vehicle points or tickets, nonpayment of surcharges or even failure to pay child support.





If you were issued a driving while suspeded ticket, DO NOT WAIT and call our office for a FREE consultation at
305-267-6006 Coral Way or 305-825-4870 Hialeah

TIKD, TIKD MIAMI, TICKET CLINIC, ALEX HANNA, TICKETFIT, TIKD, RAMEY, GOLD, DORAL, WESTCHESTER, TIKD, TIKD, TICKET CLINIC, http://tikd.com/, http://www.alexhanna.com/, https://www.theticketclinic.com/, TRAFFIC SCHOOL, TIKD, www.LowestPriceTrafficSchool.com, traffic ticket center, traffic ticket team

TIKD, TIKD MIAMI, TICKET CLINIC, ALEX HANNA, TICKETFIT, TIKD, RAMEY, GOLD, DORAL, WESTCHESTER, TIKD, TIKD, TICKET CLINIC, http://tikd.com/, http://www.alexhanna.com/, https://www.theticketclinic.com/, TRAFFIC SCHOOL, TIKD, www.LowestPriceTrafficSchool.com, traffic ticket center, traffic ticket team



CORAL WAY OFFICE
7373 Coral Way
Miami, Florida 33155
(305)267-6006 Telephone
(305)267-6009 Facsimile
vedmedlawmiami@gmail.com
HOURS OF OPERATION: MONDAY THROUGH FRIDAY 9AM-5:30PM



HIALEAH OFFICE
1530 West 49th Street
Hialeah, Florida 33012
(305)825-4870 Telephone
(305)825-4872 Facsimile
vvtraffic@bellsouth.net
HOURS OF OPERATION: MONDAY THROUGH FRIDAY 9AM-5:30PM, SATURDAY 10AM-2PM



CORAL WAY OFFICE
7373 Coral Way
Miami, Florida 33155
(305)267-6006 Telephone
(305)267-6009 Facsimile
vedmedlawmiami@gmail.com
HOURS OF OPERATION: MONDAY THROUGH FRIDAY 9AM-5:30PM

HIALEAH OFFICE
1530 West 49th Street
Hialeah, Florida 33012
(305)825-4870 Telephone
(305)825-4872 Facsimile
vvtraffic@bellsouth.net
HOURS OF OPERATION: MONDAY THROUGH FRIDAY 9AM-5:30PM, SATURDAY 10AM-2PM

​​Traffic Tickets Traffic Ticket Representation