Living in Tampa Bay, we all know how important it is to be able to use your drivers license to drive to get to work, to school, for family, and other obligations. Unfortunately, circumstances sometimes cause a person’s driver’s license to be suspended. When that happens, a person may feel compelled to drive nonetheless in order to provide for themselves or their families. The Bantner Firm is here to help when you find yourself arrested for driving on a suspended or revoked driver’s license.
The Drivers License Crime
Essentially, it is a criminal act to drive while your drivers license is suspended, revoked, canceled, or disqualified. Fla. Stat. 322.34. If this occurs without your knowledge that it is suspended, it’s nothing more than a civil traffic violation. If this is your case, get your license reinstated, bring The Bantner Firm proof that your license is now valid, and we should be able to get a good result for you in traffic court.
Driving on a suspended drivers license becomes criminal if you have knowledge that your license is suspended when you decide to get behind the wheel. When this occurs, the following penalties are possible:
- First Offense: 2nd Degree Misdemeanor punishable by up to 60 days in jail
- Second Offense: 1st Degree Misdemeanor punishable by up to 1 year in jail
- Third Offense: Third Degree Felony punishable by up to 5 years in prison.
Defenses
There are not many defenses to this charge as it is a relatively straight-forward offense. However, The Bantner Firm is prepared fight for the best possible outcome. We’ll do this by:
- Checking for Fourth Amendment violations: If the traffic stop was illegal, we may be able to have your charges dismissed.
- Checking for a Necessity Defense: If you were forced to drive to avoid some other greater harm, it may entitle you to a dismissal of the charges.
- If you’ve never possessed a license, you cannot be convicted under this statute. See State v. Johnson, Fla.L.Weekly Supp. FLWSUPP 2602AJOH (Fla. 12th Cir. Ct., 2018).
Call The Bantner Firm Today at 813.397.3965!
Adam Bantner – Criminal Defense Attorney at Law
If you are in need of an expert criminal defense attorney specializing in legal defense against DUI, traffic, criminal, violent crime charges, or a personal injury – you’ll find it here.
Adam L. Bantner, II is a Board Certified Criminal Trial Attorney representing those accused of crimes in Hillsborough and Polk counties. He is the Past President of the Hillsborough County Association of Criminal Defense Attorneys., is a Super Lawyers Rising Star, and AVVO rated “Superb.” Adam is a member of Valrico Law Group.
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Adam Bantner, II is a Board Certified Criminal Trial Law Attorney representing those accused of crimes in Hillsborough and Polk Counties. When you are facing criminal charges, you want an expert in your corner. The Florida Bar has recognized Adam as an expert criminal defense attorney.
I have been defending the accused since 2006 and am Past President of the Hillsborough County Association of Criminal Defense Attorneys.
I have tried over 30 jury trials, on charges ranging from driving on a suspended license to murder.
In addition, I am a Brandon personal injury attorney. If you’ve been injured through no fault of your own, give me a call to see how we can help!
I approach each case on the principle that every client deserves zealous representation, with attention to detail and to their individualized needs. My mission is to get the best possible result for every client, in every case, every time. Give me a call to see how I can assist you to get the best results in your case. I are here to help.