If you are convicted in the State of Florida for driving a commercial vehicle without a valid commercial driver’s license, then you will be facing severe consequences for your actions. However, the penalties you receive will depend on a series of factors.
First, it is important to note that charges for driving with a suspended or revoked commercial license are different from a no valid commercial license charge. As both offenses are different, you will receive different penalties depending on the charge.
If you received a charge for driving a commercial vehicle without a valid commercial driver’s license, then the charge against you requires no proof of knowledge. The State of Florida’s only responsibility is to prove that you were driving a commercial vehicle without a valid commercial driver’s license.
However, even when the Department of Motor Vehicles provides your certified driving record as evidence to show the lack of a commercial driver’s license, this still is not enough to prove the absence of a commercial driver’s license for sure. The prosecutor must prove that you were driving a commercial vehicle on a Florida highway without a valid commercial license to press charges.
Florida Statute 322.03 states the rules when it comes to committing the crime of driving a commercial vehicle without a commercial driver’s license. There are three different types of a commercial driver’s license, Class A, B, and C, and they are only valid if they have not been suspended, canceled, expired, or revoked by the State of Florida.
It is important that you are aware of the consequences when it comes to receiving a conviction for having no valid commercial license, such as being left with a criminal record. This will most likely have a detrimental effect on your job, future employment opportunities, insurance premiums, and other aspects of your life.
In the State of Florida, driving a commercial vehicle without a commercial driver’s license is considered a serious offense and traffic violation. However, it is worth noting that you will not be disqualified from obtaining a commercial driver’s license in the future if you receive a charge for the first time. A disqualification will only come into play when a serious second violation occurs within the three years, and you will be disqualified from obtaining a commercial driver’s license for up to sixty days. If you commit three serious offenses within a period of three years, then you will be disqualified for up to one hundred and twenty days. You will also possibly be charged with a first-degree misdemeanor, spend up to one year in prison, and receive a fine of up to $1,000.
If you are facing conviction due to committing a no valid commercial license crime, then you will need a criminal defense lawyer to fight your case. At The Law Place, we have over seventy-five years of combined experience and knowledge when it comes to defending commercial drivers in court. We highly value an honest and trusting attorney-client relationship, and we want to help your case in any way that we can.
A criminal defense lawyer from our firm can offer you unbiased, honest advice on the next logical move to make in your specific situation. Call The Law Place now on (941) 444-4444 for a free consultation, and we will fight for your rights together.
No Valid Commercial License vs. Suspended or Revoked Commercial License in Tampa, FL.
In the state of Florida, a no valid commercial license charge is different from driving with a suspended or revoked commercial license when it comes to the nature and consequences of the two offenses.
If you committed a no valid commercial license offense, then this does not require proof of knowledge to press a charge. The only duty of the state is to prove that the driver was operating a commercial vehicle without being issued a valid license. The prosecutors will most likely attempt to prove the status of the driver’s current license at trial by introducing a certified driving record from the Department of Motor Vehicles. However, even this does not fully establish the absence of a commercial driver’s license.
If you committed a driving with a suspended or revoked commercial license offense, then a conviction does not count towards classifying the driver as a habitual traffic offender (HTO) in the State of Florida. If a driver is caught on the road with a suspended or revoked license and accumulates three or more convictions in the time period of five years, then the driver will lose their driver’s license for up to five years. The harsh consequences of driving with a suspended or revoked commercial license do not apply in the case of a no valid commercial license charge.
However, it is important to add that a no valid commercial license conviction will result in creating a criminal record for the driver. Even if it seems like a minuscule traffic offense, it will still have a detrimental effect on the driver’s job, future employment opportunities, and insurance premiums.
For a free legal consultation with a no valid commercial license lawyer serving Tampa, call 941-444-4444
Types of Driver’s Licenses in Tampa, FL.
There are seven different types of driver’s licenses that are issued by the department of Florida Highway Safety and Motor Vehicles (FHSMV).
Teenagers usually receive their learner’s license before earning a Class E license, which is a license for non-commercial drivers.
Truck and bus drivers are classed as commercial drivers, and they require a commercial driver’s license (CDL). Motorcyclists are required to apply for a motorcycle endorsement, which will be added to their Class E License. Other kinds of endorsements are also obtainable for more specific types of vehicles.
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Class E Driver’s License
The standard driver’s license for people with a personal vehicle is the Class E license. The license allows you to drive a vehicle up to the weight of 26,0001 pounds, non-commercially. The vehicle list includes:
- Recreational vehicles (RVs).
- Scooters, mopeds, and various other two or three-wheeled vehicles – excluding motorcycles.
- Vans that have the space to carry up to 15 people (including the driver).
Class E Learner’s License
A learner driver will be given a Class E learner’s license permit. The list of requirements for a driver with a learner’s permit includes:
- In the first three months of having a permit, the learner can drive only in daylight hours.
- After the first three months, a learner is allowed to drive at night until 10:00 p.m.
- They must have a passenger with a driver’s license who is over 21 years or above to supervise their driving
- The vehicle can weigh up to 8,000 pounds.
- Unable to ride a motorcycle.
You must have already met the requirements of the drug and alcohol course if you have obtained a learner’s permit. Using a computer, tablet, or phone, you can complete the four-hour DATA course online.
It is also worth noting that you are not required to take the drug and alcohol course if you currently have a driver’s license or obtained a previous license from another state, county, or jurisdiction.
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You can obtain a motorcycle endorsement and get it added to your Class E driver’s license, which will allow you to ride a motorcycle.
To earn your motorcycle endorsement, you are required to:
- Complete the BasicRider Course (BRC) or the BasicRider Course updated (BRCu) from an authorized course provider to learn the basics of riding a motorcycle.
- Visit an authorized driver’s license branch within one year of completing the course to pay the fee and obtain your motorcycle endorsement.
Visit the FHSMV locations page if you wish to see a complete list of FHSMV locations.
Motorcycle-Only Driver’s License
If driving a car does not interest you, then you are free to obtain a motorcycle-only endorsement on your driver’s license in Tampa, Florida. You will have to fulfill the following:
- Pass the standard Class E knowledge test.
- If you are over sixteen years old, then you are required to hold a leaner’s permit for up to one year without any traffic violations or convictions.
- From an authorized course provider, you are required to complete a BRC or BRCu motorcycle course.
- Visit an authorized driver’s license branch to pay the fee and obtain your motorcycle-only endorsement.
Commercial Driver’s Licenses
To drive a commercial vehicle, like a truck or a bus, you will need a commercial driver’s license. There are three different classes when it comes to commercial driver’s licenses:
- Class A – This license class is appropriate for operating a truck with a gross vehicle weight rating (GVWR) of up to 26,001 pounds. In the event that you must tow a trailer or a vehicle with a weight of up to 10,000 pounds, and the weight in total between your vehicle and trailer is up to 26,001 pounds, then you will need a Class A license.
- Class B – This license class is appropriate for operating a truck with a gross vehicle weight rating (GVWR) of up to 26,001 pounds or more.
- Class C – This license class is appropriate for operating a vehicle with a gross vehicle weight rating (GVWR) of up to 26,001 pounds, which can be used to transport more than 15 people, and it also allows you to transport hazardous materials, which require an official notice.
However, there are exemptions that allow you to drive a vehicle, like an emergency automobile, for example, with a Class E license instead of the usual commercial driver’s license that would otherwise be required.
There are also other vehicles that require a special endorsement to drive, like school buses or tanker trucks. Visit the FHSMV page on license classes and endorsements if you wish to read more information.
Driver’s License Restrictions
In the State of Florida, a driver’s license can be restricted for a variety of different reasons. For example, if you don’t comply with the laws and regulations on your license, then you could possibly receive a ticket or result in a driver’s license suspension.
As written on your driver’s license, every restriction is represented by a code, such as Code A, which requires that you wear glasses or contact lenses while you drive if you have difficulty seeing. Visit the official Florida Driver License Handbook if you wish to see a full list of restrictions.
If your driver’s license is suspended or revoked, then you can apply for a hardship license. It is a special kind of license that limits your driving to locations for business purposes only, such as driving to and from your place of work.
Penalties for No Valid Commercial License in Tampa, FL.
A no valid commercial license offense is classed as a second-degree misdemeanor in Tampa, Florida.
The penalties for committing a no valid commercial license offense include receiving a fine of up to $500 and up to sixty days in prison. In addition, you will have a permanent criminal record for this offense.
It is worth adding that most no valid commercial license cases will not usually result in a prison sentence.
Defenses to the Charge in Tampa, FL.
A skilled lawyer from The Law Place will be able to craft a strong defense and contest a no valid commercial license charge on your behalf in the State of Florida. Our law firm has a list of possible defense strategies that we could take, which includes:
- The traffic stop could be deemed unlawful. The police officer had no valid reason or cause to pull you over on the road and make a traffic stop.
- After the traffic stop, you were unlawfully held in custody.
- You actually do possess a valid commercial driver’s license.
- You were not occupying the roads on a highway, street, or other areas that are open to the public.
- A lack of evidence to prove that you did not have a valid license at the time of the stop that could have been issued by another governmental entity.
Contact The Law Place Today!
If you or someone you know has been charged with a no valid commercial license charge, then it is essential that you reach out and contact a skilled attorney. At The Law Place, we have over seventy-five years of combined experience and knowledge in defending cases and tackling no valid commercial license charges for clients in Tampa and across the State of Florida. We highly value an attorney-client relationship that is based on honesty and trust, and we have been fortunate to have resolved cases for our clients regarding driving a commercial vehicle without a valid commercial license.
If you choose to be represented by our law firm, then a skilled criminal defense attorney will be able to explain the process to you. They will help talk you through your case, navigate the law in Florida, and handle all of the details and paperwork on your behalf. Our law firm is aware that one simple mistake or misunderstanding shouldn’t result in you facing conviction, and we want to help your case in any way that we can.
You will need a well-structured defense case to fight the court, and our law firm will work to achieve the outcome that you are searching for. Reach out and contact The Law Place now for a free consultation, where a skilled criminal defense attorney will be able to offer you unbiased advice on the best move to make in your specific situation. The phone lines to our law firm are open twenty-four hours a day, seven days a week. Call us now on (941) 444-4444 if you are looking for quality legal advice.