Stopped by Police for Driving without Valid License. What Happens Next?
Driving Without a License in Orlando
One of the most common traffic violations in the state of Florida is people driving with a suspended or revoked license. While many don’t see this to be a serious infraction, Florida Statute § 322.03 forbade driving without a license and getting caught can result in one facing hefty fines and points on your license. You can simply pay the fine if you don’t mind the additional points on your license, but if wish to mitigate the penalties associated with driving without a license, you’ll need legal representation. If you are convicted you can not expunge this or any other criminal record in Florida.
The best thing you can do for yourself is to hire an aggressive traffic violation lawyer who will fight for your rights. To win their case, the prosecutors have to prove that you drove the car knowing that your license was suspended. Your lawyer will be able to talk to the prosecutor and find out all the charges and argue your case with him. He can also make sure you were read your rights and understood them before talking about your case to anyone but a lawyer.
Florida Penalties for Driving Without a License
Driving without a license, a revoked license or suspended license could bring civil charges or criminal charges against you. If you did not know your license was suspended and this is your first time, you could get off with just paying a fine. If you knowingly drove without a license it is a second-degree misdemeanor that could get you jail time of 60 days and a fine of $500 in the state of Florida. A lawyer will act for you on your defense against all charges.
If you are pulled over a second time within five years with a suspended license in Florida, you will be facing up to a $1000 fine and as much as one year in jail. The Florida Contraband Forfeiture Act allows the police to seize your vehicle if you are stopped a second time. Habitual offenders who drive while their license is suspended are those who get caught three or more times in a five year period. Habitual offenders will have their driver’s license suspended for five years and could be charged with a felony. Felons could receive up to five years in jail and a $5,000 fine. It is imperative that you seek professional legal advice so your rights are protected.
Defenses for Driving Without a License
One defense for driving while your license is suspended is if you never received your notification that your license was suspended. A lawyer will be able to see all the records on where your suspended letter went to and why you didn’t receive it. He will then consult with you on how you want to proceed with the case as well as talking to the prosecutor on your behalf.
Your suspended license attorney can arrange so that you do not have to be at your arraignment hearing for your traffic violation. He will file pleadings on your behalf so you can continue on with your daily responsibilities and he will go to court and present your case. He will plead you not guilty to the judge and request a trial by jury. Your attorney will then find out what right the officer had for pulling you over and argue your case by attacking any reasons why the officer pulled you over. If at all possible, your lawyer and the prosecutor will come to an agreement on reduced charges if any, and fines that you might have to pay. The job of your suspended license lawyer is to get you the best possible deal he can so you do not do any jail time nor have points put on your license.
How an Orlando Traffic Violation Lawyer Can Help You
If you do end up going to trial, your lawyer will prepare you for all the questions that he will be asking you. The two of you will go over why you didn’t know about your suspended license and the circumstances around your arrest. He will make sure you know and understand your rights and feel comfortable with all the questions. Your lawyer will also educate you on what the prosecutor might ask and how to answer the questions truthfully without saying too much.
A mock trial room would be set up so you get comfortable in the courtroom setting. By the time your trial comes around you will be able to take the stand and give the proper answers without any nervousness. In the courtroom, your lawyer will know exactly how to cross-examine the police officer, and how to present the closing arguments so the jury understands and respects your side of the story.
Get Legal Help for Your Violation Today!
Trying to represent yourself without the help of a lawyer could prove to be extremely challenging and you could end up with a poor outcome. Do not ignore the problem of having a suspended license in Florida, if you do and you get stopped again, your problems will only be even more severe.
The Orlando Traffic Violation Lawyers at The Umansky Law Firm have over 100 years of combined legal experience and can implement their knowledge to help keep points off your license and your driving privileges intact. Contact us today at for a free case evaluation.