CRIMINAL DEFENSE - FREQUENTLY ASKED QUESTIONS

Driving Under the Influence (DUI) - FAQs

In an effort to help you obtain as much information needed as possible about Driving While License Suspended (DWLS) or Revoked (DWLS) , our attorneys have compiled the list of questions that are most commonly asked by our clients. Feel free to browse through them and navigate to other pages of our site and contact us any time if you at 407.500.0000.

 

When can someone be charged with DWLS??

If a person is caught by the police driving with a suspended license in Orlando or in any place in Florida, the person can be charged with a crime if they knew there license was suspended at the time they drove. Otherwise it is a civil traffic violation if the police cannot establish the person knew their license was suspended. The State usually tries to prove a person knew their license was suspended if they previously received a citation for driving with a suspended license, they admit they knew their license was suspended or if the Department of Motor Vehicles had previously sent a notice of the suspension to the driver.
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Which are the consequences of a DWLS conviction??

Being arrested for Driving with a Suspended License can have a huge impact on a person's criminal record and ability to have a driver's license in the future.  The penalties for this charge greatly varies depending on how many prior convictions a person has for driving with a suspended license, and why the license was suspended. The first time a person is arrested for this offense it usually prosecuted as a second degree misdemeanor, punishable by up to a maximum of 60 days in jail.  If a person has previously received a conviction for this charge, the case may be prosecuted as a first degree misdemeanor, punishable by up to a year in jail.  A third or subsequent offense could be prosecuted as a third degree felony, punishable by up to five years in prison.

Furthermore, if a person is driving with a license that was suspended because they were labeled as a Habitual Traffic Offender, they could also be charged with a third degree felony.  A person who receives three driving with license convictions (even a withhold of an adjudication counts as a conviction if the charge is criminal) within five years, the Department of Motor Vehicles would label the person as a Habitual Traffic Offender and suspend their license for five years.

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I have been charged with DWLS. What can you do for me??

We defend charges of driving with a suspended license in aggressively.  If our clients are charged with a criminal charge of driving with a suspended license, we first inquire whether the state can prove our clients knew their license was suspended.  Additionally, we inquire into whether the police unlawfully stopped our client, and if so, we would file an appropriate motion to suppress (throw out) the evidence.  We also advice our clients on the appropriate steps they must take to get their license reinstated.  Returning to court with a good license usually looks very favorable to judges and prosecutors.

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