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Driving While License Suspended or Revoked
At NeJame Law we represent people throughout Orlando, Central Florida and the State of Florida who are charged or arrested for driving while license suspended or revoked (DWLSR) (DWLS). Every criminal defense attorney at our Firm realizes how very important having a valid driver's license is and how serious it can be for a client to lose his or her license. Loss of a driver's license can greatly affect your ability to work or to even carry on your family life. This is all in addition to the very real civil and criminal penalties which can result if one is arrested or charged with DWLS or DWLSR.
A driver license can be suspended or revoked for a variety of reasons such as:
- Points suspension
- Failure to pay child support
- Failure to pay tickets
- Failure to pay judgment
- Failure to appear in court
- Habitual traffic offender
- Conviction for drug or theft offense
- Conviction for certain prostitution offenses
- DUI offenses
Immediately after you are ticketed or arrested, it is typically best to immediately contact a criminal defense attorney to assist and represent you on these charges. At the NeJame Law Firm, we take a very proactive approach when handling cases. In the case of Driving While License Suspended or Revoked (DWLSR) (DWLS), this can be especially important. If we are contacted prior to your arraignment date, we may seek to determine if you qualify for a "clerk withhold." Depending on the reason your driver's license has been suspended, this is an option that permits you to avoid a criminal conviction on your record and obtain a favorable resolution of your case even before you have an arraignment. In the event you are eligible for a clerk's withhold, however, you must resolve your case before the arraignment or the first court date in order to be eligible and take advantage of this disposition. As such, retaining your lawyer before this time can be essential. In other cases, you may have a valid defense to the charge which needs to be thoroughly evaluated and investigated. The timing of prior convictions, the proper computation of previous tickets, whether proper notice was served and received regarding the suspension, the legal validity of the stop which led to the arrest and evaluating and assessing the underlying basis for the suspension are some of the areas which an effective and aggressive attorney may need to address as some of your possible defenses.
The charge of driving while license suspended (either with or without knowledge) is serious. A conviction can cause a dramatic increase in your insurance premiums for years to come. Most importantly, entering a plea or paying the ticket can cause you to receive a five year suspension of your driver's license as a Florida "Habitual Traffic Offender" if you have three criminal or civil infractions within a five (5) year period. Let us help you develop a strategy to best protect your privilege to drive. If we can go to court to obtain a withhold of adjudication or a dismissal, this will not count toward the three offenses that can cause you to become a Habitual Traffic Offender. An experienced attorney from our law firm can be a powerful advocate for you in court.
Types of offenses for Driving While License Suspended (DWLS) or Revoked (DWLR).
- Without Knowledge (a civil infraction)
- With Knowledge (a criminal offense)
DWLS Without Knowledge
Driving While License Suspended Without Knowledge is a civil infraction. Florida statute 322.34 (1) states that someone driving their vehicle without knowing that their license is suspended is guilty of a moving violation. Aside from being adjudicated guilty and having three points assessed on your license, a DWLS without knowledge citation can have devastating consequences if you have at least two other major violations on your driving.
DWLS With Knowledge
Driving on a Suspended License With Knowledge is a criminal infraction and your appearance in court IS REQUIRED. Florida Statute 322.34 (2) provides, a person commits a misdemeanor of the second degree when they are convicted of driving while license suspended on the first offense. Even if adjudication is withheld, meaning no formal conviction, a DWLS with Knowledge will still counts as a major moving violation for purposes of Habitualization with the DHSMV.
Even upon a conviction, depending on the circumstances, you may be eligible for a hardship license after a point suspension if you satisfy certain requirements such as taking an examination, completing a Twelve Hour Advanced Driving Improvement (ADI) Course, paying a fee for reinstatement and paying additional fees for the hardship license.
Contact our Orlando Defense Lawyers if you Have Been Charged with DWLS
Every criminal defense attorney at the Orlando based office of the Law Firm of NeJame, LaFay, Jancha, Ahmed, Barker, Joshi and Moreno, P.A. works diligently on behalf of its clients. We strive to pursue a successful resolution and outcome on behalf of out clients for any charge of Driving While License Suspended or Revoked. Our decades of combined experience and the collective knowledge of our Criminal Defense Team are available to assist and represent you during this difficult and challenging time. You may call us 7 days a week at 407-245-1232, fill out our online form or email us at Defense@NeJameLaw.com.