Orlando Suspended License Attorneys
Talk to an experienced Orlando Criminal Attorney before going to court
Being charged with Driving on a Suspended License or DWLSR in Orlando is a serious matter and should not be resolved without first consulting with a experienced Orlando Criminal Defense lawyer. At Tilden Law, we represent clients throughout Orlando who are charged with driving while license suspended, canceled or revoked in cities including: Winter Garden, Ocoee, Winter Park, Maitland, Windermere, Apopka and all Orange County, Florida cities. Our focus is to protect our clients in court and to help our clients obtain a valid Florida driver license.
Driving On Suspended License Defense in Orlando
Driving While License Suspended or Revoked (“DWLSR” “DWLS”) is perhaps the most common criminal traffic charge prosecuted in Florida state court. According to the Florida Department of Highway Safety and Motor Vehicles (DHSMV), there are more than 2 million driver license suspensions each year in this state. Many of these suspensions could have been avoided if handled properly in court by a qualified suspended license lawyer. There are many defenses available to Orlando suspended license charges that could lead to either a dismissal or reduction of charge. Contact us today for a free case evaluation.
Free Initial Consultation and Case Evaluation
Our initial consultation is free. If you have a copy of your driving record, please bring it with you to the consultation. To obtain a copy of your driving record, please visit either the clerk of court (traffic clerk’s office) or stop by the nearest DHSMV driver license office. During our meeting, we will discuss any potential defense to your suspended license charge as well as what steps to take to reinstate your Florida driver’s license. Call now to either schedule an appointment or discuss your case by phone.
Defenses To Driving On Suspended License In Orlando
Defenses to Orlando suspended license charges will vary depending on the facts of each case. Each case will be reviewed for the following possible defenses:
- Whether the driver license was legally suspended
- Whether the stopping of the vehicle was legally allowed
- Whether the vehicle was a “motor vehicle” according to statute definition
- Was the driver license reinstated prior to the charge
- Whether the driver knew of the license suspension at the time of the stop
- Whether the person was not actually driving
- Whether prior license suspension charges were vacated, reduced or overturned
Each of these defenses is reviewed prior to entering court with the focus on beating or mitigating suspended license charges. Many of these cases can be negotiated to a lesser charge of “no valid driver license” or “failure to carry a driver license”. A lesser charge can result in reduced penalties or sentences or a civil infraction. In every case, we seek to eliminate sentences that include jail, probation and criminal conviction.
Orlando Driving With Suspended Driver License
There are two (2) classifications of driver license suspensions:
Suspended License / DWLSR WITHOUT Knowledge – Civil
Driving while license suspended, revoked or cancelled is considered a “civil infraction” meaning it is not a jail able offense. Most people simply pay the civil DWLSR ticket and reinstate their driver license. What they fail to realize is that by paying the ticket, it counts as a conviction on their driving record. Three convictions for driving on a suspended license (civil or criminal) within a 5 year period can result in a HTO or Habitual Traffic Offender status and a 5 year driver license revocation. It is important to hire a qualified Orlando suspended license lawyer to represent you in court to prevent a DWLSR conviction and petition for a “withholding of adjudication” which will not count toward a HTO status.
What happens if I have already paid my ticket? An experienced Orlando Suspended License Attorney can file several specific motions to reopen and revisit the ticket. If less than 30 days has passed, a Motion for Rehearing can be filed. If under 60 days, a Motion to Withdraw your Plea can be filed. If within 2 years of paying your ticket, a Motion to Vacate may be filed. Each of these options is designed to readdress your ticket in front of a judge to obtain a non-conviction withhold.
Suspended License / DWLSR WITH Knowledge – Criminal
Driving on a Suspended License is a serious criminal charge. Before appearing in court to address this charge, contact an experienced Orlando Suspended License Lawyer. Florida Statute Section 322.34 governs criminal license suspension charges and DWLSR sentences and penalties. Driving while license suspended or revoked crimes can be charged and prosecuted in both misdemeanor and felony courts. The facts of each case and the individual’s prior driving record will dictate the level of prosecution.
Even if your DWLSR is being prosecuted in criminal court, it is possible to mitigate or reduce your charge to a lesser offense. Our firm will assist you in determining the specific reason(s) for your suspension and instruct you on correcting and reinstating your driver license. By doing so, we have been consistently successful in either petitioning for a complete dismissal of your criminal charge of a reduction to a charge of “no valid license” thereby avoiding a further suspension.
WHAT CAUSES DRIVER LICENSE SUSPENSIONS?
DUI Charges License Suspension
In Florida, a person charged with DUI, DWI or drunk driving can lose the privilege to drive for a minimum of 6 months. The license suspension can and will be increased if there is a prior DUI conviction on the record. A hardship driver license can be obtained on a first DUI charge after certain criteria is met.
Suspension For Too Many Points
Florida law mandates a driver license suspension for a driver who accumulates too many points in a given period of time. Each moving traffic infraction as well as some criminal traffic charges is assigned a point value upon conviction.
|Length of Suspension
|·12 points within a one year period
|·18 points within a one and a half year period
|·24 points within a three year period
Failure to Pay Child Support
Parents, who have a legal obligation to pay child support and fail to do so, will have their driver license suspended indefinitely until the nonpaying parent complies with their financial obligation. The Orange County clerk of court will required a proof of compliance by way of affidavit before being allowed to pay the $25 reinstatement fee to the DHSMV.
Failure To Pay Judgment After Auto Accident
If you are involved in a automobile accident and deemed liable for damages to another’s property, your driver license may be suspended pursuant to Florida Statute 324.121. The judgment holder will send a certified copy of the judgment for those damages to the DHSMV who will issue a driver license suspension. Payment of this judgment or a letter from the judgment holder is required to reinstate driving privileges.
Failure To Pay Ticket Or Appear In Orange County Court
Generally, courts require a traffic ticket to be paid or addressed within thirty (30) days from issuance. Failure to pay a ticket will result in a court issued “D-6” or judicial driver license suspension until the ticket is properly addressed. Likewise, traffic infractions that require a court appearance are mandatory and failure to appear before the traffic judge can result in a judicial suspension.
Driver License Suspension For Orlando Theft Conviction
For client’s charged with theft, retail theft, petit theft, shoplifting and grand theft, a conviction will usually mandate a driver license suspension. Florida Statute 812.0155 requires a 6 month suspension for a first conviction and 1 year suspension for anyone convicted of any theft charge. There are defenses to these charges that can used by Tilden Law that can prevent a Florida driver license suspension.
Driver License Suspension for Orlando Drug Conviction
Florida Statute 322.055 mandates a one (1) year Florida driver license suspension for anyone convicted of a drug charge including: possession, sale, trafficking, conspiracy to sell or traffic a controlled substance. This suspension period can be shortened if the person has been evaluated for drug dependency and completes treatment or rehabilitation for drug dependency. Once six months passes, a person suspended under this section may request a hardship driver license for business purposes.
Other Reason For Suspension of Florida Driver License
- Conviction for vehicular manslaughter;
- Conviction for a felony in which a vehicle was used;
- Conviction for being involved in an act of prostitution in a motor vehicle or other lewd act;
- Conviction for leaving the scene of a crash when another person was injured or died;
- Conviction for perjury in a court of law;
- Conviction for a similar crime in another state;
- A court order of suspension for certain traffic offenses;
- Failure to meet minimum vision/sight requirements; or
- Certain medical conditions until the medical condition improves, i.e. seizures
DRIVING ON SUSPENDED LICENSE PENALTIES AND SENTENCES
Misdemeanor DWLSR charges can result in a criminal conviction and permanent criminal record. Orlando criminal suspended license sentences can range from no jail up to a maximum 1 year county jail, up to 1 year supervised probation, $1,000.00 fine, community service, 5 year license suspension/revocation (HTO), court ordered classes, ignition interlock device and more.
Felony DWLSR charges can result in a permanent felony criminal record and conviction. If convicted, a criminal record expunction or sealing may be unavailable. Sentences can range up to five (5) years state prison, $5,000.00, five (5) years probation, five (5) year driver license suspension, forfeiture of your vehicle, substance abuse courses, community service and more.
HOW LONG WILL MY LICENSE SUSPENSION LAST?
Listed below is a chart of offenses and corresponding Florida driver license suspension periods:
|Duration of Suspension
|Failure to Render Aid at an Accident
|Section 322.26(4), Florida Statutes
|Reckless Driving x3 within 12 months
|Section 322.26(6), Florida Statutes
|Use of Vehicle in Prostitution
|Section 322.26(7), Florida Statutes
Failure to Pay Traffic Ticket
Suspended (Until Paid)
“Paid” includes late fee ($12), D6 clearance fee ($6), and reinstatement fee ($47.50).
|Failure to Pay Child Support
|Suspended (Until Paid)
|Drunk Driving Arrest (DUI)
|6 months to Lifetime Suspension
|Regardless of conviction. Suspended upon arrest.
|1 Year Suspension
|Automobile need not be involved.
|6 to 12 Months
|Mandatory for subsequent convictions.
|Gas and Go (stealing gasoline)
|6 to 12 Months
|1 Year Suspension
|Habitual Traffic Offender
|Hardship License after 1 Year
|12 Points in 12 Months
|30 Day Suspension
|18 Points in 18 Months
|90 Day Suspension
|24 Points in 36 Months
|1 Year Suspension
|Traffic Crash Judgment
Choosing a DWLS or DWLSR Attorney in Orlando, FL
If you have received a ticket for driving while license suspended, whether civil or criminal, it can have serious consequences. If you have a suspended license charge in Apopka, Maitland, Ocoee, Windermere, Winter Garden, Winter Park and all Orange County, Florida cities, contact an experienced criminal defense attorney in our office today for a free in office or telephone consultation.