Driving While License Suspended, Revoked, or Canceled (DWLS)

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Driving While License Suspended, Revoked, Canceled, or Disqualified (DWLS) is one of the most common traffic offenses charged in the Fort Lauderdale, Miami, and Palm Beach areas. 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, DWLS cannot be taken lightly. A third offense, whether a criminal charge or civil infraction, is punishable by a mandatory ten (10) days of jail. Also, three (3) offenses within five (5) years can result in being labeled a Habitual Traffic Offender and losing your driving privilege for five (5) years. An experienced attorney can help reach a resolution that avoids these pitfalls.

Convictions for Driving While License Suspended 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 so that we can help you get back on track and help you out of the vicious cycle. 

Driving While License Revoked as a Habitual Traffic Offender is a Third-Degree Felony in Florida. It requires less proof than a standard Driving While License Suspended charge. Basically, all that needs proven is that you were driving and that, at the time of the alleged driving, your license was suspended as a Habitual Traffic Offender. Too many attorneys assume these cases cannot be defended. There are defenses. There can be progress in negotiation. Do not roll over on a charge of Driving While License Revoked as a Habitual Traffic Offender in Broward, Miami-Dade, or Palm Beach County.

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

DEFINITION OF DRIVING WHILE LICENSE REVOKED AS A HABITUAL TRAFFIC OFFENDER IN FLORIDA

Driving While License Revoked as a Habitual Traffic Offender, as defined by § 322.34, Florida Statutes, includes any person who drives any motor vehicle on public roadways while their license or privilege is revoked as a Habitual Traffic Offender. 

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 two (2) 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 revoked as a habitual traffic offender

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.

(4) A third conviction carries a mandatory ten (10 day jail sentence.

PENALTIES FOR DRIVING WHILE LICENSE REVOKED AS A HABITUAL TRAFFIC OFFENDER IN FLORIDA

(1) Driving While License Revoked as a Habitual Traffic Offender 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.

(2) A third conviction carries a mandatory ten (10 day jail sentence.

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 

(5) The suspension was based on a financial obligation (i.e. child support, judgement, lien...)

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 or a loved one has been charged with a Driving While License Suspended, Revoked, Canceled, or Disqualified, we can help. We will gladly meet with you in our office in Fort Lauderdale or West Palm Beach. We serve clients all over Florida, with a focus in South Florida, including Miami-Dade County, Broward County, and Palm Beach County. Call us now for your free consultation.