Under Florida statute A person must have knowledge that their license is suspended before they can be found guilty of driving with a suspended license. The court will presume that you had knowledge of the license suspension if. If you did not know your license had been suspended and can prove this fact to court , the charge will be downgraded and no longer considered a criminal offense.
However, if you were intentionally driving with a suspended license, the court will look at that act as a crime:. If a person drives a commercial motor vehicle on Florida highways while their license is suspended, a first conviction is guilty of a misdemeanor of the first degree, and a second or subsequent conviction is guilty of a felony of the third degree. The context of your alleged criminal behavior will be a factor in determining your defense options.
What was the reason for your license being suspended? The state can suspend your license for DUI or drug convictions; failure to pay old fines or traffic tickets; failure to pay Florida child support; health problems or poor vision that make it unsafe for you to drive a motor vehicle in Florida. Having a good idea of how a prosecutor will handle a case is critical in order to properly mount a defense and achieve the best outcome for the accused.
Our experience allows us to understand what the prosecutor really thinks about a case, and how to win a DWLS case for our clients. While this is a criminal misdemeanor, DWLS tends to fall toward the bottom of priority cases for a prosecutor.
The most important things prosecutors look for when working on this type of case is determining why the license was suspended to begin with and what the person was doing at the time they came into contact with police. The Michigan Secretary of State is well known for racking up late fees, extra fees and creating a lot of red tape for drivers.
With this in mind, prosecutors are always open to trying to work with the person charged; if they needed some time to clear up money owed, most prosecutors would give a day adjournment to allow some time to clean things up. Sometimes it is nearly impossible for a person to clean things up due to finances, and those situations are taken on a case by case basis for reductions. In addition to this, we also get as much information about the incident as possible to understand why our client came in contact with the police, and the circumstances surrounding the police contact.
The idea here is to get a complete picture and to try to better understand why the defendant decided to drive against the law. It was early in the morning, and the parking lot was otherwise empty. The police officer approached the vehicle and saw the defendant apparently asleep in the car.
After waking him up, the police officer ordered the driver to turn off the car. The police officer then asked the driver for his license and learned he had a suspended license.
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