Florida Suspended Drivers License Law

Jacksonville Driving Suspended License

Where do you find the laws for drivers licenses?

The Florida Statutes set forth our laws in the state.  Title XXXIII governs motor vehicles.  In this Title, there are several chapters that apply to criminal cases in Duval County FL.  Section 316.192 makes Jacksonville reckless driving more than a civil traffic ticket.  It is a second degree misdemeanor.  Section 316.193 is the law that prohibits driving under the influence in FloridaChapter 322 contains the majority of laws pertaining to Florida drivers licenses.  As a Jacksonville criminal lawyer, there is a Section of Chapter 322 that I see often, but people seem to take it lightly.  When people receive a Florida ticket for Jacksonville driving with a suspended license, they do not take it as seriously as a other criminal citations.  However, too many driving on a suspended or revoked license tickets can make a driver a Florida habitual traffic offender.

Here is the law that covers driving while your license is suspended or revoked:

(1) Except as provided in subsection (2), any person whose driver’s license or driving privilege has been canceled, suspended, or revoked, except a “habitual traffic offender” as defined in s. 322.264, who drives a vehicle upon the highways of this state while such license or privilege is canceled, suspended, or revoked is guilty of a moving violation, punishable as provided in chapter 318.

(2) Any person whose driver’s license or driving privilege has been canceled, suspended, or revoked as provided by law, except persons defined in s. 322.264, who, knowing of such cancellation, suspension, or revocation, drives any motor vehicle upon the highways of this state while such license or privilege is canceled, suspended, or revoked, upon:

(a) A first conviction is guilty of a misdemeanor of the second degree, punishable as provided in s. 775.082 or s. 775.083.

(b) A second conviction is guilty of a misdemeanor of the first degree, punishable as provided in s. 775.082 or s. 775.083.

(c) A third or subsequent conviction is guilty of a felony of the third degree, punishable as provided in s. 775.082, s. 775.083, or s. 775.084.

The element of knowledge is satisfied if the person has been previously cited as provided in subsection (1); or the person admits to knowledge of the cancellation, suspension, or revocation; or the person received notice as provided in subsection (4). There shall be a rebuttable presumption that the knowledge requirement is satisfied if a judgment or order as provided in subsection (4) appears in the department’s records for any case except for one involving a suspension by the department for failure to pay a traffic fine or for a financial responsibility violation.

(3) In any proceeding for a violation of this section, a court may consider evidence, other than that specified in subsection (2), that the person knowingly violated this section.

(4) Any judgment or order rendered by a court or adjudicatory body or any uniform traffic citation that cancels, suspends, or revokes a person’s driver’s license must contain a provision notifying the person that his or her driver’s license has been canceled, suspended, or revoked.

(5) Any person whose driver’s license has been revoked pursuant to s. 322.264 (habitual offender) and who drives any motor vehicle upon the highways of this state while such license is revoked is guilty of a felony of the third degree, punishable as provided in s. 775.082, s. 775.083, or s. 775.084.

There is much more to the law, so you may visit Section 322.34 of the Florida Statutes to read the rest of the statute.

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