Defending a Driving While License Suspended Charge
While you may not pay attention to a charge for driving while license suspended, revoked or canceled, it is not a good idea to do so. The situation warrants more attention than you think it deserves. You need to get in touch with a criminal lawyer if you were facing such a charge to put up adequate defense.
Florida Statutes Section 322.34 provides the details of this criminal offense and outlines the penalties for it as well. What constitutes a driving while license suspended charge? If you were driving on a Florida Highway while your license was suspended, canceled, or revoked with the knowledge of this, you may be guilty of this.
If you think that this misdemeanor is of no consequence, and you could get away with paying a fine, you are mistaken. A conviction would be part of your criminal record. Moreover, you could attain the status of Habitual Traffic Offender and may face a felony charge the next time. It is better to plan defense in most cases.
The frequency of the offense and the driving record are determining factors in the categorization of the crime. The first, second and third offense usually classify as misdemeanors while any subsequent one is a felony of the third degree and you may face penalties like maximum 5 years in prison and/or maximum $5,000 in fines for this.
Your Florida criminal lawyer could work out an Administrative Resolution if possible in the situation. For this, he/she would need to review your driver's license and understand whether you qualify for this. If you do, your lawyer would need to enter a petition for the same, and the clerk of the court may resolve the issue.
If this does not work, your lawyer needs to utilize other defense strategies. Establishing the elements of the charge is the responsibility of the prosecutor. Your lawyer needs to challenge these points at the right time to prevent conviction.
Challenging the suspension of the license – if your license is not suspended/revoked/canceled, there would be no basis to bring a charge against you.
Challenging the knowledge of the suspension – if you were not aware of the suspension, this is a civil infraction and not a criminal offense.
Challenging the driving on a Florida highway – if you were not driving on a state highway, this may also work as an effective defense.
Your criminal lawyer would be able to come up with the defense that could work in your case, and save you from the conviction and penalties.
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