In South Florida, including Miami, Fort Lauderdale, Broward County, and Miami Dade County, it is not uncommon for people to attempt to drive without a license or to drive with a suspended license. The temptation is high, as nearly everyone in Miami and Fort Lauderdale has some type of commute to their work, place of business, school, church, grocery store, or other frequented area. To prove the criminal violation of Driving While the License or Driving Privilege is Suspended, Revoked, or Canceled, the State Attorney must prove beyond a reasonable doubt that the criminal suspect drove a motor vehicle upon a highway in this state, that at the time, his or her license or driving privilege was suspended, revoked, or canceled, and that the criminal suspect knew that his or her license or driving privilege was suspended, revoked, or canceled. Whether the criminal suspect knew of the suspension, revocation, or cancellation is a question for the jury to determine from the evidence. Proof that there exists an entry in the records of the Department of Highway Safety and Motor Vehicles showing that notice of the suspension, revocation, or cancellation was given by personal delivery is proof that such notice was given. Proof that there exists an entry in the records of the Department of Highway Safety and Motor Vehicles showing that notice of the suspension, revocation, or cancellation was deposited in United States mail, first class, postage prepaid, addressed to the licensee at his or her last known mailing address furnished to the department, is proof that such notice was sent. If the jury finds that the criminal suspect had been previously cited for driving while the license was suspended, revoked, or canceled and his or her license had not been reinstated, the jury may conclude that the criminal suspect knew of the suspension, revocation, or cancellation. If the jury finds that the criminal suspect admitted to knowing of the suspension, revocation, or cancellation, the jury may conclude that criminal suspect knew of the suspension, revocation, or cancellation. If the jury finds that the criminal suspect had received a traffic citation that contained a provision notifying him or her that the license had been suspended, revoked, or canceled, the jury may conclude that the criminal suspect knew of the suspension, revocation, or cancellation. If the jury finds that the criminal suspect had received a judgment or order rendered by a court or an adjudicatory body which contained a provision notifying the criminal suspect that his or her license had been suspended, revoked, or canceled, the jury may conclude that the criminal suspect knew of the suspension, revocation, or cancellation. If the jury finds that the records of the Department of Highway Safety and Motor Vehicles include a judgment or order rendered by a court or an adjudicatory body which contains a provision notifying the criminal suspect that his or her license had been suspended, revoked, or canceled, the jury is permitted to assume that the criminal suspect knew that the license was suspended, revoked, or canceled. This presumption, however, is rebuttable, and the jury may accept or reject the presumption depending upon the circumstances of the criminal violation and the facts presented at trial. “Drive” means to operate or be in actual physical control of a motor vehicle in any place open to the general public for purposes of vehicular traffic. “Motor vehicle” means any vehicle which is self-propelled, including a “moped,” but not any vehicle moved solely by human power, motorized wheelchair, or motorized bicycle. “Street or Highway” means the entire width between the boundary lines of every way or place if any part thereof is open to the use of the public for purposes of vehicular traffic. “Notice” means personal delivery or deposit in the United States mail, first class, postage prepaid, addressed to the defendant at his or her last known address furnished to the Department of Highway Safety and Motor Vehicles. Mailing by the department shall constitute notification. “Suspended” means the privilege to drive a motor vehicle has been temporarily withdrawn. “Revoked” means the privilege to drive a motor vehicle has been terminated. “Canceled” means that a license has been declared void and terminated. “Actual physical control” of a vehicle means the criminal suspect must be physically in or on the vehicle and have the capability to operate the vehicle, regardless of whether he or she is actually operating the vehicle at the time. Failure by the defendant to receive the mailed order shall not affect or stay the effective date or term of the suspension, revocation, or cancellation of the defendant’s driving privilege. If your license has been suspended, you may be eligible for limited restoration of your driving privileges during the suspension. You may also be able to defeat charges against you for driving with a suspended license. It is in your best interest to seriously consider hiring a criminal defense attorney if you have been charged with driving with a suspended license. Criminal Defense Attorney Kenneth P. Hassett of Hassett and Associates, P.A. has been in criminal defense practice in Miami Dade County, Fort Lauderdale, and Broward County since 1991 and has the experience needed to effectively defend you in criminal court. Call Hassett and Associates, P.A. 24 hours per day seven days per week for a free consultation with a Fort Lauderdale Driving Under Suspension Attorney regarding your rights when facing such criminal charges.

322.27 Authority of department to suspend or revoke license.

322.34 Driving while license suspended, revoked, canceled, or disqualified.

Disclaimer

The information on this page does not represent legal advice. Florida Statues obtained from Online Sunshine, www.leg.state.fl.us, the official site of the Florida Legislature. Because the law is continually changing, some of the provisions contained herein may be out of date. It is always wise to seek counsel from an experienced criminal attorney like Kenneth Hassett.

If you have been charged as an Accessory After the Fact or a Principal in the First Degree to a criminal offense in Broward or Miami-Dade County, call Criminal Defense Attorney Kenneth P. Hassett.