If you got your license suspended due to traffic tickets, a DUI charge, or any other violation, it is important to contact an attorney. While this outcome is more severe and usually results from negligent driving or behaviors we recommend caring for all issues during the time in which they occurred. If it gets to this point though, you've come to the right let our accident attorneys inform you of what the next steps are and how we can help.
Why driving privileges are suspended
There are various factors leading to the suspension or revocation of a driver's license, as numerous authorities hold the power to impose restrictions for a variety of reasons.
Distinguishing between suspension and revocation
A suspension entails a temporary withholding of your license, rendering you ineligible to drive legally until an approved reinstatement application is processed. States commonly issue two suspension types: definite, specifying a specific inactive period, and indefinite, persisting until corrective measures are taken.
Whereas a license revocation means the complete and lasting cancellation of the license, rendering the individual ineligible to drive. This severe measure is often taken in response to serious and repeated traffic offenses, criminal activities, or other violations of the rules and regulations governing the issuance and use of licenses.
Who can suspend licenses and why?
Numerous government entities can suspend or get a license revoked. While the reasons may differ the main objective of these entities is to ensure that each individual is abiding by the laws. Some of those entities include but are not limited to:
The State Department of Revenue can suspend a license due to not making child support payments , showcasing the broad spectrum of causes for license restrictions.
The Clerk’s Office has the authority to suspend a license for various reasons such as failure to pay a traffic citation, failure to appear in court, failure to provide proof of compliance, or neglect to settle criminal court costs linked to a driving charge.
The Department of Highway Safety and Motor Vehicles holds the power to suspend a license for lack of liability insurance on a registered vehicle. Additionally, refusal to undergo a blood, urine, or breath test, when an officer suspects impairment due to alcohol or drugs, may also result in license suspension.
Florida employs a point system where each moving traffic violation accumulates points, determining the duration of license suspension within a specified timeframe. This system emphasizes the accountability and consequences associated with traffic violations. If you are unsure of why your license has been suspended you can always go to your local DMV and ask to see your driving record. You can also get the aid of an experienced traffic lawyer who will be able to review your case and show you what your options are.
How to contest a driver's license suspension for violating a driver's license restriction
If you seek to challenge a license suspension, it is imperative to initiate the process by applying for a formal or informal review hearing at the pertinent Division of Driver Licenses, specifically the Bureau of Administrative Reviews Office. This application must be submitted within a strict timeframe of 10 days from the date of your arrest. It's crucial to note that this suspension stands independently, serving as an additional measure to any penalties stipulated by the court.
Furthermore, it's essential to recognize that a DUI conviction leaves a lasting mark on your driving record, persisting for a substantial 75-year duration. This underscores the long-term implications and consequences associated with such convictions, emphasizing the importance of taking prompt and strategic action in response to the imposed suspension. It is also the reason you should call a traffic lawyer as soon as the issue arises.
Can I Get in Trouble for Driving With a Suspended or Revoked License, and What are the Penalties?
In accordance with Florida law, driving with a revoked or suspended license with knowledge is outlined as a criminal offense, and understanding the legal landscape is crucial for those facing such charges. A knowledgeable criminal defense attorney can provide valuable assistance in navigating these complexities.
Under Florida Statutes Section 322.34, driving with a suspended or revoked license is expressly addressed. The law specifies the criminal penalties associated with such offenses. Here's how a criminal defense attorney can help in the context of Florida law:
Legal Expertise:
A criminal defense attorney is well-versed in the intricacies of Florida traffic and criminal laws. They can provide a clear understanding of the charges, potential consequences, and available defenses.
Case Evaluation:
They can assess the specific details of your case to identify any legal or procedural issues that may work in your favor. This could include examining whether the initial traffic stop was lawful or if there were irregularities in the arrest process.
Defense Strategy:
Crafting an effective defense strategy is crucial. An attorney can develop a strategy tailored to the circumstances of the case, whether it involves challenging evidence, questioning witness credibility, or seeking a reduction of charges.
Negotiations:
In many cases, a lawyer can negotiate with the prosecutor for a plea deal that may involve reduced charges or lighter penalties. This negotiation skill can be crucial in minimizing the impact of the charges.
Court Representation:
If the case goes to court, a criminal defense attorney can represent you during legal proceedings. They will present your case, cross-examine witnesses, and argue legal points on your behalf.
Understanding Penalties:
A defense attorney can explain the potential penalties you may face based on Florida law. This includes jail time, fines, and the impact on your driving record. Understanding the stakes is essential in making informed decisions about your case.
License Reinstatement:
An attorney can guide you through the process of reinstating your driver's license. Resolving the underlying issues that led to the suspension or revocation is crucial, and they can help navigate this process.
In essence, a criminal defense attorney can provide comprehensive legal support, ensuring that your rights are protected, exploring avenues for a favorable resolution, and helping you navigate the legal system to minimize the impact of driving with a revoked or suspended license charge in Florida.
Can a Revoked or suspended Driver's License Be Reinstated?
Upon the completion of the revocation period, drivers seeking to reinstate their driving privileges in Florida must follow a detailed process. To initiate the full reinstatement, the driver is required to submit evidence of enrollment in an Advanced Driver Improvement (ADI) school, signaling a commitment to enhancing their driving skills. In addition to this, a reinstatement fee, along with any other relevant license fees, must be paid. It is essential to note that in cases involving additional suspensions, there may be further clearance requirements to fulfill, adding a layer of complexity to the reinstatement process.
To streamline the monitoring of one's driver license status, individuals have the convenience of utilizing the Online Driver License Check provided by the Florida Department of Highway Safety and Motor Vehicles. This online tool offers a user-friendly means of verifying the current standing of the driver license, ensuring that individuals are well-informed about their eligibility for reinstatement and any outstanding requirements that need attention.
The incorporation of the Advanced Driver Improvement school requirement underscores the state's emphasis on driver education and safety. This proactive approach aims to enhance the skills and awareness of individuals seeking to regain their driving privileges, contributing to safer roadways.
It is advisable for individuals navigating the reinstatement process to consult with the Florida driver's license service center to ensure compliance with all necessary procedures. By doing so, individuals can navigate the reinstatement process efficiently and take the necessary steps toward resuming their driving privileges responsibly.
Should I contact a lawyer if I had my license suspended or revoked?
At Demesmin and Dover Law Firm, we are dedicated to exhaustively exploring all available avenues to assist you in the process of obtaining a valid driver's license. Our commitment extends beyond addressing the immediate issue of driving on a suspended license; we strive to comprehensively resolve the criminal case brought against you by the courts and handle any administrative matters that could potentially impact your driving privileges. Looking at the broader picture, our adept lawyers work diligently to implement preventative measures, ensuring that you are equipped to avoid such situations in the future.
If you find yourself facing the legal consequences of driving on a suspended license in Florida, our adept criminal defense lawyers are here to stand by your side. Our legal team is ready to safeguard your rights and provide the necessary guidance to navigate through the complexities of your case. To start on the right track toward getting your license reinstated call us at (866)-954-MORE (6673) for your free consultation.