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.
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!
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.
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
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.
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.
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.
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.
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.
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.