Our Attorneys Defend Against Charges Of Driving With A Suspended License
In Florida, it is illegal for a motorist to drive a vehicle when their driver’s license has been suspended, revoked or canceled. Those drivers who were genuinely unaware of the prohibition placed on their license can get away with an infraction that results in a minor fine. However, those who know that their driving privileges have been barred and still decide to drive can be charged with a criminal offense that is punishable by jail time and a more significant fine.
If you have been accused of driving on a suspended license, we encourage you to contact Aiken & O’Halloran immediately. The sooner we can get involved in your case, the sooner we can start fighting to protect your rights and future.
What Are The Possible Penalties?
The potential penalties for knowingly driving with a suspended license include:
- First offense: A second-degree misdemeanor that carries a sentence of up to 60 days in jail and a maximum fine of $500.
- Second offense: A first-degree misdemeanor that carries a sentence of up to one year in jail and a maximum fine of $1,000.
- Third or subsequent offense: A third-degree felony that carries a sentence of up to five years in jail and a maximum fine of $5,000.
Possible Defenses Against Driving With A Suspended License Charges
As with other criminal offenses, just being charged for driving with a suspended license does not automatically mean that you are guilty. If you are planning to just plead guilty, we encourage you to talk to us first. In order for you to be convicted, the prosecution must prove beyond a reasonable doubt that you were aware of your license suspension, revocation or cancellation when you drove on a public road.
With our experienced criminal defense attorneys on your side, you may be able to get your charges reduced to a civil infraction or dismissed altogether. There may be a number of defenses available that could help you avoid a conviction.
Depending on the circumstances of your case, our legal team may choose to argue that:
- There is evidence that you were not driving at all.
- You did not know that your license was suspended.
- There was something unlawful about the traffic stop itself.
- You were not operating a vehicle on a public roadway.
- Your license had already been reinstated at the time you were pulled over.
- You reasonably believed that your license had been reinstated.
We Can Explain Your Full Range Of Options
Even if you just hopped in the car to go down the road to the grocery, driving while your license is suspended is a serious offense in Florida. If you were pulled over and charged with driving with a suspended license, the experienced legal team at Aiken & O’Halloran can help you fight to protect your rights and avoid the substantial consequences that come with a conviction.
Trust our criminal defense attorneys to help you formulate the right defense strategy for your specific circumstances. If you are looking at the list of defenses above and thinking that none of them applies to your situation, our criminal defense lawyers may still be able to negotiate with the prosecutor to get the charge reduced to “no valid license.” This lesser charge is a second-degree misdemeanor that often does not result in a jail sentence.
Contact Us For A Free Consultation
For a free consultation, call Aiken & O’Halloran in Fort Myers at 239-666-6035 or complete our contact form. Our criminal defense attorneys represent clients throughout Fort Myers and the surrounding areas.