If you have been caught driving in Fort Myers, FL., with a suspended license, you should take the charges that you receive for your case very seriously. The penalties that you can receive for driving when your license is suspended include fines and the possibility of jail time. If this isn’t the first time that you have been caught committing this offense, you can expect an increased sentence. The act of driving with a suspended license in Florida is a criminal offense that can be punishable as a misdemeanor, or even a felony, depending on the particular case.
The best thing that you can do if you have been caught driving in Fort Myers when your license is suspended is to contact a criminal defense attorney immediately. At The Law Place, we have accumulated a wealth of experience in defending those who have been charged for driving with a suspended license. Our criminal defense attorneys will be able to give you all the legal information and guidance you may be looking for. Contact us today for a free consultation. The attorney-client relationship at The Law Place is one of commitment and confidentiality, so you can ensure your case is in the best possible hands. Call us now at (941) 444-4444.
What Happens if You Get Pulled Over With a Suspended License in Fort Myers?
In Florida, if you are pulled over by a police officer, they will likely want to check your license. They will then find out about your suspension and question whether you were aware of the fact that you were driving with a suspended license. It is important that when this occurs that you remain cooperative and refrain from being argumentative. But you must not admit to knowing about your suspension to a police officer, because as soon as you do, you can be charged with a criminal misdemeanor.
The penalties for driving without knowledge of your license suspension are much less severe than those for driving with knowledge of your suspension.
Reasons for a License Suspension
There are many reasons why a driving license in Florida can be suspended by the Department of Highway Safety and Motor Vehicles. Some of the most common reasons include:
- DUI Refusal.
- DUI arrest or conviction.
- Points suspensions.
- Child support delinquency.
- Failure to appear in court.
- Drug-related convictions.
- Failure to pay fines, court judgments, or court costs.
By contacting The Law Place, you will be able to speak to a skilled defense attorney who will be able to explain the reasons for suspension in more detail. They will also be able to talk you through the options of having your suspension lifted.
What Are the Defenses That a Criminal Defense Lawyer Can Use?
There are multiple defenses that a lawyer can use in their attempt to avoid having their client’s license suspended or to fight to minimize the penalties that their client may face. Some examples include:
- The accused person was not driving.
- The accused person was unaware of their suspension.
- The accused person’s driving license had been reinstated, or an adequate reason existed to believe that it had already been reinstated.
- The accused person was not driving on a highway.
- Challenging the legality of the traffic stop by the police officer.
If a lawyer is unable to find a viable defense that they can use for their client, they will negotiate with the prosecutor in an attempt to have the charge amended.
Can You Go to Jail for Driving With a Suspended License in Fort Myers?
If you have been caught driving with a suspended license in Fort Myers, you can go to jail. Florida Statute 322.34 clearly outlines the penalties for those committing this offense, including jail. Those who are knowledgeable of their suspension and are caught driving can face the following jail sentences:
- A first offense can result in up to 60 days of jail time.
- A second offense can result in up to one year of jail time.
- A third offense can result in up to five years of jail time.
The most important thing to do if you have been caught driving with a suspended license in Fort Myers is to seek the help of a criminal defense attorney. An attorney at The Law Place will be able to give you all of the legal information and guidance you may need to negotiate with the prosecutor in an attempt to have your charges amended to avoid serving jail time.
What Are the Penalties for Driving With a Suspended License in Fort Myers?
Florida Statute 322.34 outlines the penalties that those who are caught driving with a suspended license can expect to receive in Fort Myers. These are the penalties that will apply to a driver who is knowledgeable of the fact that their driving license has been suspended, revoked, or canceled.
The first time a person commits this offense, they can expect to face a fine worth up to $500 and may have to serve 60 days in jail. If a driver is caught for a second time, their offense may be classified as a first-degree misdemeanor, and they may be handed a maximum penalty of one year in jail. A third offense can result in felony charges. This can ultimately mean that the offender could face up to five years in jail and made to pay a fine worth up to $5,000.
If you have been caught offending for the third time and your first two offenses were within five years, you will face additional penalties. The Department of Highway Safety and Motor Vehicles will label you as a Habitual Traffic Offender in Fort Myers, and you could have your driving license revoked for five years.
How Do You Unsuspend a License?
We cannot stress enough how important it is that you do not drive on the roads in Fort Myers if your license is suspended. The consequences are simply too severe if you are caught.
To reinstate your license, you should wait until your period of suspension has ended and then apply for it to be reinstated. This should be done before you can get behind the wheel again. If you have previously had your license revoked, you may need to apply for another license.
Florida Statute 322.21 states that the reinstatement fee for a suspended license is $45. However, if your suspension originally occurred because you were caught Driving Under the Influence (DUI) or you refused to complete a test to determine whether you were intoxicated behind the wheel, you may need to pay a further $130.
A lawyer at The Law Place will be able to examine your case and give you all the information you need to help you reinstate your driving license if you are struggling to do so.
Contact The Law Place Today
A criminal defense lawyer at The Law Place will do all they can to challenge your charges. You must seek the guidance of a defense attorney as soon as possible after you have received your charge in Florida for the best chance of having your case dropped, or charges lessened.
Our law firm has accumulated a wealth of experience defending clients who have had their licenses suspended, so you can be assured that your case will be dealt with in the most capable legal hands.
Contact us today for a free consultation with a reputable defense attorney. They will be able to give you all the legal information and guidance you may be seeking. Our phone lines are open 24 hours a day, seven days a week. Call us now at (941) 444-4444.