If you are caught driving in Orlando without a valid Florida driver’s license, you could be facing a no valid driver’s license charge. This charge can apply to drivers who have never obtained a driver’s license or whose license is not valid in The State of Florida. This does not apply to drivers who are driving while their license is suspended or revoked.
Penalties for a conviction of driving without a valid license include fines and possible jail time. However, one of the most concerning repercussions of this conviction is a permanent criminal record. Many individuals caught driving without a license are young, and the impacts of a criminal record at any age, but particularly earlier in life, can be severely detrimental. A criminal record can negatively impact employment opportunities, college applications, and many other aspects of daily life.
At The Law Place, we understand how a no valid driver’s license conviction can impact your life and we will aggressively defend you to reduce the likelihood that you will face these repercussions. Our criminal defense attorneys are highly skilled, with years of experience defending clients against a range of traffic offenses, such as no valid license charges. Contact us today for a free consultation with an experienced attorney. Call or text our legal team at (941)-444-4444.
Driving Without a License Charges in Orlando
In the State of Florida, a ‘No Valid Driver’s License’ conviction is a second-degree misdemeanor, punishable with up to 60 days in jail and a $500 fine. Typically, a no valid license charge will not result in jail time. However, it will result in a permanent criminal record that will stay with the individual throughout their life.
A no valid driver’s license charge differs from charges of driving with a suspended or revoked license in many ways, including the requirement of proof for the charge and the repercussions and penalties.
Similarly, a charge of no valid driver’s license will not count towards an individual’s habitual traffic offender (HTO) status. However, driving a motor vehicle with a suspended or revoked license will count. If you are charged with enough offenses to be considered an HTO in Florida, you face harsh penalties such as a license suspension and withdrawal of driving privileges for up to five years.
Driving With a Foreign Or Out-Of-State License
Historically, the State of Florida has attempted to charge many drivers with foreign-issued driver’s licenses with driving with no valid driver’s license. Before 2013, visitors and migrants were required to possess either a Florida-issued or international driver’s license. However, the recent legislature has replaced this requirement. Foreign nationals can now legally drive in Florida, provided they possess a valid license issued by their home nation.
It is recommended that foreign nationals carry their driver’s licenses with them at all times when driving in Florida. There have been incidents of foreign nationals charged with no valid driver’s license because they did not have their home country’s license with them at the time of the traffic stop. As such, it is crucial to carry your license with you whenever you are driving on the roads in Florida.
Do I Need a New Driver’s License If I Move to Florida?
If you are relocating and intend to reside in Florida, you will need to apply for a Florida driver’s license from the state within 30 days of becoming a resident. In Florida, you are considered a resident if you enroll your children in public school, reside in the state for six months, register to vote, or accept employment.
If you fail to do this, you could be charged with no valid driver’s license. In certain circumstances, U.S. military members are exempt from this rule. However, military family members may not be exempt, depending on the details of their situation.
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What Constitutes a Driver’s License in Florida?
Florida Statutes define a valid Florida driver’s license as a certificate that authorizes a person to drive a motor vehicle on public roadways, subject to all other requirements of the law. The standard driver’s license in Florida is a Class E license. This license permits the holder to drive any non-commercial vehicle weighing less than 26,001 pounds, including passenger cars, 15-passenger vans, trucks, and small scooters and mopeds (up to 50 cc).
Classes A, B, and C licenses in Florida permit the driver to drive commercial vehicles, such as buses and large trucks. A class D license is required for anyone who operates a truck or tractor that weighs 8,000 pounds or more but less than 26,001 pounds. A class D license is also required if the vehicle is more than 80 inches wide.
Steps to Obtain a Florida Driver’s License
To be able to obtain a class E license in Florida, you must meet several requirements as follows:
- Be at least 16 years old (additional restrictions apply to those between 16 and 18 years old).
- Pass a vision and hearing test.
- Pass the class E theoretical knowledge exam.
- Pass the class E practical driving skills test.
- Complete a drug and alcohol course.
- Provide all required documentation, including official identification.
Any individual looking to obtain their driver’s license in Florida, who is over the age of 16 but below the age of 18 must also fulfill the following:
- You must hold a learner’s permit for at least 12 months or until you turn 18 (whichever comes first).
- You must have at least 50 hours of practical driving experience, including at least 10 hours of night driving. These hours should be logged in a learner’s license driving log. A parent must attest to your driving experience by completing a certification of minor driving experience form.
- You must not have been convicted of any traffic violations within 12 months of receiving your learner’s permit. If you have received one violation, this will not completely disqualify you from obtaining your license. However, you must complete a basic driver improvement course.
Other requirements for individuals between the ages of 16 and 18 looking to obtain a driver’s license include parental consent and an agreement of the parent or legal guardian to take responsibility for the minor’s driving.
If you already have a valid driver’s license from certain countries, you will not be required to take the knowledge exam or practical skills test to obtain a driver’s license in Florida. License holders from various countries are exempt from these tests, including those from The United States (including territories), Canada, France, Germany, South Korea, and The Republic of China. Members of the U.S. Military may also be exempt.
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Penalties for Driving Without a License in Orlando, Florida
The second-degree misdemeanor of driving with no valid driver’s license in Florida carries penalties of a maximum of 60 days in jail and a $500 fine. Another consequence of this conviction is a permanent criminal record.
In some situations, drivers may be eligible to resolve the citation by obtaining a valid driver’s license and paying a court assessment fee of $25. This may only be possible if you have not previously taken this approach to resolve another citation this way in the past year. An attorney will be able to help you assess your options for managing or reducing your charge and find the best course of action for your circumstances.
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Driving on a Suspended License
A driver’s license may be suspended if an individual has previously been convicted of a traffic-related charge, such as refusing a roadside alcohol test, failing to pay a traffic fine, or a culmination of too many points on their license within 5 years. If you are caught knowingly driving a motor vehicle while your license is suspended, you could be facing a criminal charge of driving on a suspended license.
The charge of driving on a suspended license in Florida differs from a no valid license charge in many ways. For a charge of driving while suspended, the state must prove that the driver knowingly drove a vehicle while their license was suspended. In a no valid driver’s license charge, there is no requirement to prove knowledge. Instead, the state must only prove that the defendant was driving and no valid license was issued.
Similarly, a charge of driving with a suspended license will count towards an individual’s HTO status and could result in much harsher penalties. Penalties for a first-time driving while suspended charge include 60 days in jail, increasing to up to 1 year in jail for a second offense.
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Driving If Your License Is Revoked
In Florida, you may have your license revoked for an extended period as a penalty for a criminal offense, such as driving under the influence, the use of a motor vehicle in a crime, or the possession of drugs. Similarly, driving with a revoked driving license carries a fine and up to 60 days for a first-time offense.
However, this also counts towards your habitual traffic offender status and a third offense will result in much harsher penalties, including registration as a felon, incarceration, and revocation of driving privileges for up to 5 years.
When do I Not Need a Valid Driver’s License in Florida?
In certain circumstances, individuals are permitted to drive motor vehicles on Florida’s roadways without a valid Florida license. These include:
- Golf cart operators, as defined by Florida statutes.
- Operators of road machines, tractors, harvesters, and other farm-associated machinery.
- A non-Florida resident who is at least 16 years of age and:
- Has in their immediate possession, a valid non-commercial driver’s license from their home state or country.
- Who operates a vehicle that requires a class E license (e.g. a passenger car or a small moped or scooter).
- A non-Florida resident who is at least 18 years of age and:
- Has in their immediate possession, a valid non-commercial driver’s license from their home state or country.
- Who operates a non-commercial vehicle.
How Can a Lawyer Help With a Driving Without a License Charge?
Although jail time as a penalty for a no valid license charge is rare, it is still a possibility that should not be dismissed if you face this charge. Similarly, a criminal conviction will result in a permanent criminal record. Although driving without a valid driver’s license may seem like a trivial or minor offense, it still has the potential to significantly impact your future and should not be taken lightly.
If you have a criminal charge of driving without a valid license on your criminal record, this will stay with you for the rest of your life and could have detrimental consequences. Often, a criminal record will hinder employment opportunities and can also count against you in educational opportunities and college applications.
A no valid license conviction can also have a substantial impact on insurance premiums and make any policy far more costly. This could provide a further barrier to driving legally in the future and impact your day-to-day life.
A skilled criminal defense lawyer will fight your case and dispute the charges that you are facing. Strong legal representation will provide you with the best chance of getting your charges dropped and avoiding a criminal record.
Potential Defenses
A skilled attorney can leverage a range of defenses to avoid a conviction of driving with no valid driver’s license, ranging from a lack of evidence to an unlawful traffic stop. Effective defenses against this charge include:
- The defendant has a valid driver’s license.
- The traffic stop involved in the charge was unlawful; this could involve disputing the grounds cited as justification for stopping you.
- The detention following the traffic stop was unlawful.
- The defendant was not driving on a road or highway open to the general public, which may negate the requirement for a valid license.
- The defendant has a valid driver’s license from another state or country.
- The State of Florida does not have sufficient evidence to prove that the defendant does not possess a valid driver’s license, potentially issued by another country.
An experienced criminal defense attorney will assess your case and gather evidence to support the best defense possible for you, aiming to have your charges dismissed completely.
The Law Place Traffic Offense Defense Attorneys
We have over 75 years of combined experience defending the citizens of Orlando against traffic-related charges. Our traffic offense defense attorneys are skilled at using a range of effective defenses to fight traffic charges and secure successful outcomes for our clients.
Our goal in a no valid driver’s license charge is to get the charge dropped entirely to ensure that your life is not impacted by both the criminal record and the penalties that a conviction brings.
Free Consultation
At The Law Place, we offer a free consultation and case evaluation to anyone facing a no valid driver’s license charge. In your consultation, you can discuss your case and your options with one of our experienced defense attorneys to find the best course of action for you. We will offer free advice on your case and outline our legal fees if you wish to proceed with representation from The Law Place. There are no fees for the consultation or obligations to continue with representation. Regardless of how you decide to proceed, you will leave with more information about your case and the options available to you.
Contact The Law Place Today
At The Law Place, we take pride in developing strong attorney-client relationships and ensuring that our clients receive the best possible service from us. We are transparent and upfront with our fees from your initial consultation, so you do not need to worry about any surprise costs during your case.
If you proceed with representation from The Law Place, you can rest assured that your attorney will use their experience and skills in criminal defense to passionately defend your rights and fight your charges.
If you or a loved one is facing a charge for driving without a valid driver’s license, contact us today to understand your options and give you the best chance of beating your charges. You can call or text us at (941)-444-4444 to speak with our legal team and schedule your free case evaluation.
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