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 their is license suspended or revoked (DWLSR) (DWLS). Every criminal defense attorney at our Firm realizes how important is to have a valid driver's license is and how serious it can be for a client to lose their license. Loss of a driver's license is a loss of independence. Without the freedom to drive, a person may not be able to work or carry on with their family life. There are also some very real civil and criminal penalties that can result if one is arrested or charged with DWLS or DWLSR.
A driver's license can be suspended or revoked for a variety of reasons such as:
You should contact a criminal defense attorney to represent you immediately after you are ticketed or arrested. At the NeJame Law Firm, we take a very proactive approach with our cases. Driving While License Suspended or Revoked (DWLSR) (DWLS), are the types of cases where our proactive approach is 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 option allows you to avoid a criminal conviction on your record and obtain a favorable resolution of your case even before you have an arraignment. If you are eligible for a clerk's withhold, you must resolve your case before the arraignment or the first court date to take advantage of this disposition.This is one reason why retaining your lawyer early can be essential. In other cases, you may have a valid defense that 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 things that 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 record.
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) states that 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 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 including: 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.
Charged with DWLS? Contact our Orlando Defense Lawyers
Every criminal defense attorney at the Orlando based office of NeJame Law 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 407-500-0000, fill out the online form provided on this page or email us at Defense@NeJameLaw.com.