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Driving While License is Suspended

One of the most common traffic crimes people commit is driving while their license is under suspension. Driving on a suspended license in Florida can be classified as a civil traffic violation or a criminal offense depending on the circumstances. For some offenders, they only learn of their suspension because they had their record pulled up by a law enforcement officer.

Many alleged offenders understand the potential consequences of criminal charges, but people should also be aware of the possible long-term impact of simply paying a civil citation. Pleading guilty to the civil charge can mean that an alleged offender could have his or her license revoked for five years if he or she receives two more similar or related convictions within five years. If you or someone you know has been charged for driving with a suspended license, then it’s important you seek experienced legal representation.

West Palm Beach Attorney for Driving While License is Suspended in FL

Were you recently cited or arrested for driving with a suspended license in South Florida? If so, it’s within your best interest to gain legal representation. We recommend you get in contact with Meltzer & Bell, P.A. to learn more about your possible legal options. Our attorneys will work tirelessly to get the best possible results for your case.

Our driving under suspension attorneys at Meltzer & Bell, P.A. help get these types of charges reduced or dismissed for clients in communities such as West Palm Beach, Boca Raton, Riviera Beach, Lake Worth, Boynton Beach, Jupiter, Delray Beach, Wellington, Palm Beach Gardens, Greenacres, and Royal Palm Beach. We also represent people throughout the greater St. Lucie County, Martin County and Broward County, FL. You can have our firm review your case when you call (561) 557-8686 to schedule a free, confidential consultation.

Overview of DWLIS in FL

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Is My License Suspended in FL?

There’s a multitude of reasons why your license may have been suspended by the Department of Highway Safety and Motor Vehicles (DHSMV). You could have too many points on your driving record in a certain period, violating a court order, if you’re facing DUI charges and even if you haven’t paid your child support payments in a monthly manner.

For the majority of suspended cases, it’s because the driver had too many points on their license. DHSMV utilizes a points-based system that determines whether a person’s license should be suspended or not. Accumulating a certain amount of points in 12 months will result in an automatic administrative suspension or possible revocation of your license.

Drivers who have 12 points in a yearlong period will receive a license suspension for up to 30 days. When a person has collected 18 points on their record within an 18-month period will automatically undergo a three-month suspension. Accumulating 24 points or more within 36 months will result in an automatic year-long license suspension. DHSMV does give drivers a chance to contest their license suspension within 10 days after they receive their notification of suspension in the mail. 

Some common traffic violations and crimes that could lead to a license suspension include, but are not limited to the following:

  • Failing driving tests;
  • Racing;
  • Failure to comply with traffic summons;
  • Careless driving;
  • 15 unexcused school absences in 90 days;
  • Being designated as an HTO;
  • Fleeing to elude;
  • Convictions for certain criminal traffic offenses;
  • Convictions for certain drug and theft offenses;
  • Failure to pay traffic tickets;
  • DUI;
  • Failure to submit a vision report (Inadequate/Field of Vision);
  • Leaving the scene of an accident;
  • Having certain medical conditions;
  • BUI;
  • Driving with a suspended license;
  • Convictions for driving under the influence (DUI);
  • Non-DUI traffic violation resulting in death or serious bodily injury;
  • Refusal to submit to DUI chemical test;
  • Failure to maintain automobile insurance;
  • Failure to pay child support;
  • Failure to pay civil judgment, court costs, or fines;
  • Failure to appear in court

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What Are the Penalties for Driving with a Suspended License in FL?

It’s imperative that you understand the penalties for driving with a suspended license before you enter a courtroom. DWLIS is penalized based on the facts of the case. If you unintentionally and unknowingly drove with a suspended license, then the officer will likely give you a citation with a moving violation and add three points on your license.

The consequences become criminal if you drove with the understanding your license was under suspension. If you drive purposely while your license is suspended, you will face a second-degree misdemeanor. The maximum penalties for a second-degree misdemeanor include:

  • Up to 60 days in jail; and
  • A fine of up to $500

Having a prior DWLIS conviction will mean your crime will be reclassified to a first-degree misdemeanor, which is punishable by:

  • Up to 12 months in jail; and
  • A fine of up to $1,000

If you have two prior DWLIS convictions on your record, then your penalties will be enhanced drastically to a third-degree felony. Having a third DWLIS conviction will result in:

  • Up to 5 years in prison; and
  • A fine of up to $5,000

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How Do I Get My License Reinstated in FL?

If your license is suspended, you will receive a notice that explains both the suspension and how to get your license reinstated. It should contain a list of conditions you are required to fulfill before you can request reinstatement from DHSMV. You must complete those conditions even if you have finished your suspension term. Once you have, you will be required to pay reinstatement fees and submit specific documents to the DHSMV to get your license reinstated.

Some possible conditions your suspension may include, but are not limited to:

  • Pay court and traffic fines;
  • Pay the reinstatement fee;
  • Complete your probation period;
  • Undergo a drug and alcohol evaluation;
  • Take a DMV-approved traffic school; or
  • Finish all court-ordered community service;
  • Finish your incarceration;
  • Take a drug and alcohol course

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Additional Resources

Driver’s License Suspensions & Revocations – Visit the official website for the Florida Department of Highway Safety and Motor Vehicles (DHSMV). Access the site to learn more about how a person’s license can be suspended and what’s needed for reinstatement.

Florida Laws for Driving on a Suspended License – Visit the official website for the Florida Statutes and read more regarding driving while license suspended, revoked, cancelled or disqualified. Access the site to read the statutory language on DWLIS, the penalties, impoundment and the penalties for commercial drivers.

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Lawyer for Driving with a Suspended License in Palm Beach County, FL

If you have been charged with driving under a suspended or revoked license in South Florida, it is in your best interest to immediately get legal representation. Meltzer & Bell, P.A. fights to defend the rights of clients all over Palm Beach County including West Palm Beach, Boca Raton, Wellington, Jupiter and Delray Beach. We also serve other counties including St. Lucie County, Martin County and Broward County.

Our firm has more than 20 years of combined experience handling these types of cases. Our driving under suspension attorneys will provide an honest evaluation of your case during a free legal consultation as soon as you call (561) 557-8686 today.

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Thousands of Big Wins in Florida

Felony Possession Of Controlled Substance and DUI (Second Offense w/in 5)
The Defendant was charged with Felony Possession of Controlled Substance, punishable by 5 years in prison, and Driving Under the Influence, a second DUI offense within five years of a prior DUI conviction which carries a mandatory jail sentence and a five-year driver’s license revocation. The Defendant’s vehicle was stopped by Officer Malave of the Sunrise Police Department for repeatedly stopping and starting his vehicle near an intersection and for violating a flashing yellow light by stopping and remaining stationary at the intersection. Officer Malave approached the vehicle and made contact with the Defendant. Upon making contact with the Defendant, the Officer noticed that the defendant had the strong odor of an alcoholic beverage, bloodshot and watery eyes, slurred speech ; and the Defendant was incapable of formulating complete sentences. The Defendant would nod off in mid-sentence and was completely incoherent at times. After making those observations, Officer Malave, a female called for the assistance of two male officer’s due to the Defendant’s condition and physical size. The male officers loudly ordered the Defendant out of the car on multiple occasions, but the Defendant would not comply. The Officers attempted to forcibly remove the Defendant from the vehicle, but the Defendant resisted those efforts by bracing, pulling and stiffening his body so that the officers could not move him. The Defendant was slammed to the ground, which the officers took as a refusal to perform roadside exercises and then incorrectly read the Defendant implied consent, which only applies to breath tests. Officers noticed that there ere three cans of beer in the vehicle as well. The Defendant was arrested for DUI and was NOT taken to the Breath Testing Facility and DUI Room, but only the Broward County Main Jail. The Defendant was never asked to submit to a breath test. After the Defendant’s arrest, Officers discovered 27 pills located in a tackle box in the Defendant’s vehicle which ultimately were revealed to be anabolic steroids. Partner, Lawrence Meltzer of Meltzer & Bell prepared for trial. During preparation, the firm filed several Motions in Limine (Motions to Exclude Evidence) that asked the court to exclude any reference to roadside exercises or the Defendant’s alleged refusal top perform them as the Defendant was not offered the roadside exercises and, thus, never refused them. Additionally, the court was asked to exclude any mention of a refusal to submit to a breath test or failure to give on as, again, one was never offered. Finally, the court was asked to prohibit the State from discussing the anabolic steroids as such pills, although a controlled substance, are not those of an impairing or intoxicating nature. After receiving the Motion, the state conceded and was compelled to drop all DUI related charges. Meltzer & Bell was also able to have all felony drug charges dropped as well.
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Result:  Not Guilty
Driving Under the Influence
The Defendant was charged with Driving Under the Influence. Officers of the Davie Police Department were alerted by a concerned citizen that our client was leaving The Billiard Club, a pool bar, in an extremely intoxicated state and about to drive. The Officer approached the vehicle as the car was in reverse, ordered the Defendant to stop the vehicle and conducted a wellness check and noticed the Defendant had bloodshot eyes, the odor of an alcoholic beverage, and extremely slurred speech. Based on those observations, the officer asked the Defendant to perform roadside sobriety exercises, to which the defendant refused. The Defendant was placed under arrest for DUI and was asked to submit to a breath test, but, again refused. Lawrence Meltzer of Meltzer and Bell began to prepare for trial and researched case law in an effort to suppress or throw out the stop of the Defendant’s vehicle and all evidence that followed the stop as being unconstitutional and based upon a lack of reasonable suspicion as the Defendant had done nothing to justify her vehicle being stopped. The firm and Mr. Meltzer researched a similar factual scenario in State v. Sliviak in which the stop was suppressed based upon a lack of reasonable suspicion of criminal activity in an almost identical situation. This case law was presented to the State prior to trial. Upon receiving it, the State agreed and dropped the DUI charge.
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Result:  Charges Dropped
REFUSAL TO SUBMIT TO TESTING
The Defendant was observed by Officer Troy Murdock of the Coral Springs Police Department traveling 55 in a 40mph and weaving uncontrollably to the extent traffic began to slow in order to evade her. The officer activated his emergency lights in order to stop the Defendant, however, she did not until she was forced to because of a traffic backup at the intersection of Riverside Drive and Coral Springs Drive. Upon making contact with the Defendant, the officer noticed the defendant to have an extremely strong odor of an alcoholic beverage; that she could not handle or identify her vehicle documentation and that her speech was extremely slurred and that she was disoriented to the point where she was nodding off in front of the officer. When asked if she knew how fast she was moving the defendant responded by saying “I was doing 99.9”. The Defendant was asked to exit the vehicle and could not place the car in park. Upon exiting the vehicle, the Defendant almost fell into oncoming traffic and had to be saved by the officer. The Defendant could not maintain her balance and was disheveled in her appearance. The defendant refused to perform roadside exercises and later refused a breath test. The defendant had previously been arrested for DUI and previously had her licensed suspended for refusing a breath test and admitted to “having some vodkas”. Meltzer & Bell, once again, proceeded to trial. At trial, our attorneys were able to demonstrate that the officer was not truthful in his testimony through the use of photographs and google satellite photos, and based upon the testimony of the client.
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Result:  DUI Dismissed
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This past year I bought myself a new toy. It’s the third bike I’ve owned, so ‘Im familiar with the tickets that come with it. So far Steven Bell, Esq. has had my reckless driving reduced to a $50 fine and driving school-no points and a complete dismissal of criminal charges. Had my driving without a license dropped-no points. And a 30 over speeding ticket to a fine and driving school-no points. I’d have to say this law-firm handles their own. If your looking for a stress free way of handling your tickets call Meltzer and Bell PA, “The Traffic Stop”.

L.J.
19 Aug 2023

Meltzer and Bell, P.A., “The Traffic Stop,” really went above and beyond in their representation of me in Osceola County on my speeding ticket. They may possibly be THE BEST traffic lawyers I’ve ever encountered. Be sure to send your friends and family to the Meltzer and Bell, P.A., “The Traffic Stop,” for their traffic ticket and DUI needs. I can’t believe that they got the result that they did. Quite simply, they are the most professional firm that I have ever dealt with, and their level of expertise and communication is unparalleled.

I sincerely thank you for everything.

J.N.
27 Jul 2023

I just had to commend you on the outstanding job you did on behalf of your client in court yesterday. If my clients were ever to ask me if I know of a good DUI defense attorney, I know to whom I can refer them!

A.A.
14 Jun 2023

I just wanted to thank you for taking care of my ticket for me. I am thrilled with the outcome and I will definitely refer you to all my family and friends! Thank you so much!

C.W.
05 May 2023

Thank you Meltzer and Bell, The Traffic Stop, for handling my recent accident case. You did an amazing job in getting my case dismissed and saved me TONS of money in the long run. I will always recommend your services to anyone who wants the job done right!

K.R.
25 Apr 2023
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