Driving While License Suspended or Revoked | DWLSR

Brevard County Criminal Defense Attorney

Our attorneys understand that it is nearly impossible to live and work in Brevard County without having a valid driver’s license. Whether it be driving to work, going to the grocery store, or picking up children from school or daycare, your ability to drive a car is central to maintaining your livelihood. At The Canina Law Firm, we help those who have been arrested or ticketed for Driving While License Suspended or Revoked (DWLSR) throughout Brevard County. In any DWLSR case, our attorneys have three main goals:

(1) Avoid a DWLSR conviction
(2) Eliminate or minimize any potential, criminal consequences, and
(3) Encourage and facilitate the client’s attainment of a valid driver license (if possible).

How Does a Driver License Become Suspended or Revoked?

In Florida and across the U.S., driving is considered a privilege and not a right. Many people do not realize how easy it is for their driving privilege to be taken away. In Florida, a person’s drivers license can be suspended or revoked for a variety of reasons, including (but not limited to) the following:

Failing to pay traffic tickets
Failing to pay child support
Having too many points on your license
Failing to pay court costs
Failing to pay a civil judgment
Failing to appear in court
Having certain medical conditions
Not maintaining proper auto insurance
Failing a driving test
Being designated a “Habitual Traffic Offender” by the DHSMV
Being convicted of a DUI
Being convicted for certain drug and theft offenses
Being convicted for certain criminal traffic offenses

In addition the Florida Department of Highway Safety and Motor Vehicles (DHSMV) may automatically suspend your privilege to operate a motor vehicle when/if your license is suspended in ANOTHER state.

Driving while License Suspended under Florida Law

Although DWLSR is a common offense in Florida, it is one that must be taken very seriously. To prove the crime of DWLSR, the state must prove the following 3 elements beyond a reasonable doubt:

(1) The Defendant drove a motor vehicle upon a highway in this state.
(2) At the time, their license/driving privileges were suspended, revoked, or canceled, and
(3) At the time the Defendant drove, they knew that their license/driving privileges were suspended, revoked, or cancelled.

A common issue is whether the person knew their license was suspended when they drove. Such knowledge may be inferred if it can be shown that proper notice was given to the person by the DHSMV, if the person admitted that their license was suspended, or if the person had a prior conviction for DWLSR. There are several other instances which can satisfy the knowledge/notice requirement. Speak to one of our attorneys in your FREE initial consultation to learn more about this complex issue.

DWLSR Penalties

A first offense DWSLR is a second degree misdemeanor punishable by up to 60 days in jail and/or a $500 fine. A second offense DWLSR is a first degree misdemeanor punishable by up to 1 year in jail and/or a $1000 fine. If arrested for DWLSR and you have previously been convicted of two or more DWLSR offenses, you may be charged with a third degree felony punishable by up to 5 years in prison, 5 years probation, and/or a $5000 fine.

Additionally, under Florida’s Habitual Traffic Offender (HTO) Statute, if you are convicted of any combination of 3 DWSLR and/or DUI offenses within a 5 year period , you will be declared a “Habitual Traffic Offender” by DHSMV and will lose your license for five (5) years. This is true even if the prior DWLSR offenses were civil citations and not criminal in nature. As part of the five year suspension, the person cannot petition for a “business purpose only” license until after the end of the first year.

As you can see, the penalties for DWLSR depend on your prior record and become progressively worse with each conviction you receive. It becomes harder and harder to attain a valid driver license with each successive conviction.

In the criminal justice system, you are known by your prior record or lack thereof. Brevard County prosecutors take firmer stances against repeat offenders, those with less-than-perfect traffic records, and those with prior DUI convictions on their record. That is why it is crucial to seek experienced legal counsel at the earliest possible stage of your stage!

Brevard County DWLSR Defense Attorneys

Our experienced criminal defense attorneys have routinely handled Driving While License Suspended charges in Brevard County, FL and are committed to helping our clients getting their licenses back (if at all possible) so that they can drive without fear of arrest and criminal punishment and lead a normal life. We work very closely with our clients and their families to provide the BEST quality defense and personal service that our clients deserve. With nearly 50 years of combined experience defending against both felony and misdemeanor DWLSR charges in Brevard County, our attorneys are fully prepared to fight for you!

If you have been arrested or ticketed for Driving while license suspended or revoked in Melbourne or anywhere in Brevard County, FL, CONTACT our experienced, aggressive criminal defense attorneys for a FREE Case Evaluation!

Brevard County Florida Criminal Defense Attorney

The Canina Law Firm proudly defends all residents of Brevard County and all cities and towns along Florida’s Space Coast including: Melbourne, Viera, Suntree, West Melbourne, Melbourne Village, Palm Shores, Palm Bay, Rockledge, Merritt Island, Titusville, Cape Canaveral, Cocoa, Cocoa Beach, Melbourne Beach, Indialantic, Indian Harbour Beach, Satellite Beach, Grant, Valkaria, Micco, Barefoot Bay, Scottsmoor, Mims, and Sebastian, as well as neighboring Volusia County, Seminole County, Orange County, Osceola County, and Indian River County, FL.

Your Defense Starts NOW! CONTACT us today for a FREE Case Evaluation!