Driving While License Suspended

Driving While License Suspended (DWLS)

Contact Our Miami Traffic Offense Attorneys

What is more important to your daily life than your driver’s license? It allows you to drive to your school, work, medical appointments, social events, and more. In the state of Florida, your license can be suspended for various reasons including failure to pay a traffic fine, failure to attend a court appearance, failure to pay child support, failure to obtain insurance, drug convictions, DUI convictions, breath test refusals, and more.

If your license is suspended, and you drive your vehicle, you could be charged with a misdemeanor or felony crime. Possible consequences include probation or incarceration. In addition, a conviction for DWLS could potential qualify you as a habitual traffic offender, resulting in a five-year license suspension.

Contact Hubbs Law Firm at (305) 570-4802 to discuss your suspended license issues with our Miami traffic ticket attorneys today. Your initial consultation is free.

What to Do if You Are Charged With DWLS Without Knowledge in Florida

If you are charged with driving while license suspended (DWLS) without knowledge, then you most likely do not need to worry about any criminal consequences. Driving while license suspended without knowledge is a civil infraction. The maximum penalty is simply a small fine. However, if you are charged with DWLS, you should not pay the fine. Paying the fine or receiving an adjudication of guilt will result in you getting points on your license.

Even worse, it could result in your license being suspended for five years as a habitual traffic offender if this is your third qualifying offense within a five-year period. A withhold of adjudication or a dismissal is the best way to keep points off your license and to prevent any license suspension. At a trial, the state of Florida would be required to prove that you were driving a vehicle and your license was suspended. They do not need to prove that you knew your license was suspended.

DWLS With Knowledge Defined by Florida Statute §322.34

In contrast, driving while license suspended with knowledge (DWLS) is a criminal offense. If you were arrested or cited for this charge, it is important you contact an experienced criminal defense attorney to have your case evaluated.

The penalties for DWLS with knowledge vary depending upon the facts of the case and your prior record. Generally, a first offense for DWLS with knowledge is a second-degree misdemeanor punishable by up to 60 days in jail and/or a $500 fine.

A second conviction can be classified as a first-degree misdemeanor punishable by up to 364 days in jail and/or a $1,000 fine. Finally, a third or subsequent conviction, or DWLS as a habitual traffic offender, can be classified as a third-degree felony punishable by up to 5 years in prison and a $5,000 fine.

To prove you are guilty of DWLS with knowledge, the State must prove the following:

You were driving a vehicle
Your license was suspended, canceled, or revoked
You had knowledge of the license suspension

Generally, the toughest element for the State to prove is knowledge of the suspension. However, under Florida Statute 322.34, the State can prove this element by proving the following:

A prior citation was issued for DWLS
You admitted you had knowledge of the suspension
You received notice of the suspension pursuant to Florida law

Consequences of DWLS Causing Habitual Traffic Offender Status

As with DWLS without knowledge, DWLS with knowledge can cause habitual traffic offender status resulting in a five-year license suspension. One key difference, however, is that receiving a withhold of adjudication for DWLS with knowledge will not prevent you from becoming a habitual traffic offender like with DWLS without knowledge.

That’s why it is important to hire an experienced Miami traffic attorney to handle your case. An experienced attorney can possibly get the charges dismissed, reduced to a no valid driver’s license, or reduce the charges to a civil infraction for DWLS without knowledge. Any of these outcomes can protect you from becoming a habitual traffic offender.

Defenses Against Driving While License Suspended with Knowledge

There are several defenses to DWLS with knowledge, including:

The State cannot prove that you were driving a vehicle
The State cannot prove you had a license that was suspended, canceled, or revoked
The State cannot prove that you had knowledge that your license that was suspended, canceled, or revoked
You are a victim of identity theft and your license was provided to the arresting officer by another person

Contact a Miami Attorney for DWLS Charges

If you were charged with driving while license suspended with or without knowledge, call Hubbs Law Firm today. Our attorneys will evaluate the facts of your case and prior driving record. At the end of the consultation, we’ll be able to inform you of any legal defenses you have to your case, as well as the consequences of a conviction.

Call Hubbs Law Firm today at (305) 570-4802.

E.J. Hubbs is Board Certified in Criminal Trial Law by the Florida Bar. Board-certified attorneys are the only attorneys in Florida that can represent themselves as experts in their respective areas of the law.

Our firm handles all types of traffic cases in Miami-Dade County, Hialeah, Miami Gardens, Miami Beach, Kendall, Doral, Homestead, North Miami, and South Miami, as well as other cities and areas in the Greater Miami Area.

Commonly Asked Questions

What Are the Penalties for Driving While License Suspended With Knowledge?

Driving while license suspended with knowledge in Florida is taken very seriously and can result in significant penalties. Generally, a first offense is classified as a second-degree misdemeanor, which can result in up to 60 days in jail and a fine of up to $500. Subsequent offenses escalate the penalties, potentially leading to a first-degree misdemeanor or even a third-degree felony, which may carry hefty fines and longer jail sentences. Being aware of these consequences highlights the importance of hiring a qualified traffic attorney to navigate such charges effectively.

How Can a Traffic Attorney Assist With My DWLS Case?

Engaging a traffic attorney can be pivotal if you're facing charges of driving while license suspended (DWLS). An experienced attorney can analyze the specifics of your case, identify defenses that may apply, and potentially negotiate for reduced charges or even a dismissal. They understand the nuances of traffic law in Florida and how to leverage them in your favor, keeping you informed of your rights and options. A knowledgeable attorney can work diligently to defend your driving privileges and strive to minimize the impact of these charges on your life.

Additional Resources for Florida Drivers

Florida Highway Safety and Motor Vehicles- Request a copy of your driving record, get information on obtaining a Florida driver’s license, check your driver’s license status, get statistical information on driver’s license data in Florida, and get information on requesting a hardship license
Miami-Dade County Criminal and Traffic Clerk of Court- Get information on your criminal/civil traffic record and request a driving record

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