Driving with a Suspended License

Suspended License Lawyer

Driving with a suspended license (DWLS) can be charged as a civil infraction, misdemeanor or felony. Pleading to any DWLS offense can trigger a new automatic five-year habitual traffic offender (HTO) driver license suspension.  We have defended hundreds of DWLS cases. Once hired, we will:

  1. Order and review your certified driving record;
  2. Determine what needs to be done to reinstate your license and keep it valid;
  3. Start negotiating with the prosecutor for a dismissal or reduced charges, and
  4. Do whatever is necessary to avoid a criminal conviction.

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DWLS Defense

When you call our Orange County criminal defense law firm, you will speak with Bryce Fetter. Additionally, once retained, you have direct access to your criminal defense lawyer as every client has Bryce Fetter’s personal cell phone number. You will be able to call, text or email him directly. Your case will not be assigned to a less-experienced attorney. Bryce Fetter is the only attorney that will speak to you on the phone, meet you in person and attend court with you.

Helping Your Reinstate Your Driver’s Licnese

Our primary goal in any suspended license case is to assist you in reinstating your driver’s license. DWLS offenses can be divided into two categories; correctable and not correctable.

Correctable offenses

With a little bit of time, money and effort, we can reinstate your license before we resolve your court case. Examples of correctable situations are license suspensions relating to an unpaid ticket, failure to appear, child support, an expired suspension or failure to attend traffic school. Reinstatement can lead to a reduced charge, a no-jail sentence and avoiding any future habitual traffic offender (HTO) designation.

 Non-correctable offenses

These are situations where your driving record does not allow for immediate reinstatement. Examples are non correctable situations are an active DUI revocation, a chapter 893 controlled substance suspension or a permanent revocation.

Removing the HTO Designation From Your Driving Record

You are classified as a Habitual Traffic Offender if you have been convicted of three or more designated traffic offenses in a five-year period. Both civil and criminal DWLS offenses count toward HTO designation. So you could have over the years paid three civil infractions, never even seen the inside of a courtroom and still be classified as a habitual traffic offender. HTO DWLS offenses are prosecuted as both felony and misdemeanor offenses. Our primary goal in any HTO case is to do whatever possible to remove the HTO designation from your driving record. This is most often accomplished by invaliding one or more prior civil DWLS convictions, thereby reducing your HTO predicate offenses to less than three. This automatically removes the HTO designation and makes your license valid if you have no other suspensions.  Click here for more HTO information.

DWLS Statute, 322.34(10)(A) and (10)(B)

A newly enacted amendment to the DWLS statute is found in Florida Statute 322.34(10) and provides for misdemeanor prosecution if your license is suspended for a specified reason. Florida Statute 322.34 10(a) and 322.34(10)(b) apply to all driver’s that have not been convicted of a forcible felony and reclassifies an otherwise felony DWLS into a first-degree or second-degree misdemeanor offense. Call our office to see how 322.34(10) may apply to your HTO DWLS prosecution.

 

 

Driving with a Suspended or Revoked License Attorney

If you were recently arrested or charged with any Florida criminal offense, please call our driving with a suspended license lawyer in Winter Park, Florida at 407-740-7275 to discuss your options. We offer a free consultation so that we can learn about you, learn about your case and determine how we can help.

Suspended License Lawyer for Orange & Seminole County, FL

Driving with a suspended license (DWLS) can be charged as a civil infraction, misdemeanor or felony. Pleading to any DWLS offense can trigger a new automatic five-year habitual traffic offender (HTO) driver license suspension.  We have defended hundreds of DWLS cases. Once hired, we will:

  1. Order and review your certified driving record;
  2. Determine what needs to be done to reinstate your license and keep it valid;
  3. Start negotiating with the prosecutor for a dismissal or reduced charges, and
  4. Do whatever is necessary to avoid a criminal conviction.

bridge

Suspended or Revoked Driver’s License Representation

When you call our Orange County criminal defense law firm, you will speak with Bryce Fetter. Additionally, once retained, you have direct access to your criminal defense lawyer as every client has Bryce Fetter’s personal cell phone number. You will be able to call, text or email him directly. Your case will not be assigned to a less-experienced attorney. Bryce Fetter is the only attorney that will speak to you on the phone, meet you in person and attend court with you.

Helping Your Reinstate Your Driver’s Licnese

Our primary goal in any suspended license case is to assist you in reinstating your driver’s license. DWLS offenses can be divided into two categories; correctable and not correctable.

Correctable offenses

With a little bit of time, money and effort, we can reinstate your license before we resolve your court case. Examples of correctable situations are license suspensions relating to an unpaid ticket, failure to appear, child support, an expired suspension or failure to attend traffic school. Reinstatement can lead to a reduced charge, a no-jail sentence and avoiding any future habitual traffic offender (HTO) designation.

 Non-correctable offenses

These are situations where your driving record does not allow for immediate reinstatement. Examples are non correctable situations are an active DUI revocation, a chapter 893 controlled substance suspension or a permanent revocation.

Removing the HTO Designation From Your Driving Record

You are classified as a Habitual Traffic Offender if you have been convicted of three or more designated traffic offenses in a five-year period. Both civil and criminal DWLS offenses count toward HTO designation. So you could have over the years paid three civil infractions, never even seen the inside of a courtroom and still be classified as a habitual traffic offender. HTO DWLS offenses are prosecuted as both felony and misdemeanor offenses. Our primary goal in any HTO case is to do whatever possible to remove the HTO designation from your driving record. This is most often accomplished by invaliding one or more prior civil DWLS convictions, thereby reducing your HTO predicate offenses to less than three. This automatically removes the HTO designation and makes your license valid if you have no other suspensions.  Click here for more HTO information.

Misdemeanor HTO DWLS Statute, 322.34(10)(A) and (10)(B)

A newly enacted amendment to the DWLS statute is found in Florida Statute 322.34(10) and provides for misdemeanor prosecution if your license is suspended for a specified reason. Florida Statute 322.34 10(a) and 322.34(10)(b) apply to all driver’s that have not been convicted of a forcible felony and reclassifies an otherwise felony DWLS into a first-degree or second-degree misdemeanor offense. Call our office to see how 322.34(10) may apply to your HTO DWLS prosecution.

Recent Suspended License Case Law

State v. Laina, 5D14-4469 (Fla. 5th DCA Sept. 11, 2015) http://www.5dca.org/Opinions/Opin2015/090715/5D14-4469.op.pdf A trial court errs in granting a motion to suppress where the knows that the registered owner (rather than the driver) of the car has a suspended license and conducts the traffic stop to investigate.  The relevant probability here is that most vehicles are driven by their owners, most of the time. As such, once Officer Bruns discovered that the owner of the vehicle he was following had a suspended driver’s license, this ‘articulated fact’ gave him a ‘founded suspicion’ that the driver might be driving illegally.

Prater v. State, 161 So.3d 489 (Fla. 5th DCA 2014) License suspension, knowledge of the license suspension, and actually driving are the requisite elements of the crime of driving while license suspended.

Driving with a Suspended or Revoked License Attorney

If you were recently arrested or charged with any Florida criminal offense, please call our driving with a suspended license lawyer in Winter Park, Florida at 407-740-7275 to discuss your options. We offer a free consultation so that we can learn about you, learn about your case and determine how we can help.

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