Having a revoked or suspended driver’s license in Florida – whether as a result of traffic violations or a DUI – can complicate your life logistically in so many ways. Not being able to legally drive is more than a minor inconvenience. It can make it tougher to attend school, maintain employment, care for your children, and carry out basic, everyday tasks. If your driver’s license has been suspended, working with an experienced criminal defense lawyer is imperative to protecting your rights while advocating for minimal driving restrictions.
As a longtime Fort Lauderdale criminal defense lawyer, I am able to help clients regain their driving privileges and advocate for a reduction of license suspension or revocation periods. I can also help clients charged with:
- Driving With a Suspended License
- Racing on the Highway
- Operating Without a License
- Leaving the Scene of an Accident
- Other Motor Vehicle Offenses
- Driving Without Insurance
- Careless Driving
- Reckless Driving
- Drunk Driving/ DUI
- DUI Manslaughter
- School Zone Violations
- Red Light Cameras
- Red Light Violations
- Texting While Driving
- Commercial Driver Offenses
- Fleeing and Eluding
- Failure to Yield
- Improper Line Change
What is the Process for Florida Driver’s License Suspension?
There are many reasons the State of Florida can suspend your driver’s license – and they can do so without a preliminary hearing if there is sufficient evidence of wrongdoing pursuant to F.S. 322.27.
In general, suspension requires evidence showing the driver in question:
- Violated traffic rules, resulting in a crash that caused death or personal injury and/or resulted in damage to property of $500 or more.
- Is not fit or competent to operate a motor vehicle.
- Displayed an ID card or driver’s license that wasn’t issued to them personally.
- Allowed for their driver’s license to be illegally or fraudulently used.
- Violated traffic laws in another state that in Florida would be grounds for their driver’s license to be revoked or suspended.
- Has twice or more failed to stop for a school bus, pursuant to F.S. 316.172, in the last five years.
- Has committed any felony offense while operating a motor vehicle.
- Drive a vehicle with a suspended license.
- Failed to stop and render aid following a crash resulting in personal injury or death of another person (i.e., committed a hit-and-run).
- Is arrested for DUI. This is grounds for automatic and immediate suspension of one’s driver’s license. It can also be issued (for one full year) if one refuses to submit to a breathalyzer test at the request of a law enforcement officer, pursuant to F.S. 316.1939, Florida’s implied consent law.
How Can a Florida Criminal Defense Lawyer Help if My Driver’s License is Suspended?
A Florida criminal defense lawyer may be able to help you with your suspended driver’s license by taking the following steps:
- Understanding the reason for the suspension: The first step is to understand why your driver’s license was suspended. This could be due to a traffic violation, a DUI conviction, or other criminal offense. Your lawyer can review your driving record and any court documents related to your suspension to determine the cause.
- Exploring options for reinstatement: Once your lawyer has identified the reason for your suspension, they can help you explore options for reinstating your license. This could include paying fines, attending a driver improvement course, or completing community service. Your lawyer can advise you on the best course of action to take.
- Contesting the suspension: In some cases, your lawyer may be able to contest the suspension of your driver’s license. This could involve challenging the validity of the traffic stop or arrest that led to the suspension, or arguing that the penalty was too harsh. Your lawyer can help you understand your rights and options in this regard.
- Representing you in court: If your case goes to court, your lawyer can represent you and advocate on your behalf. They can present evidence and arguments to support your case, cross-examine witnesses, and negotiate with prosecutors.
Overall, a Florida criminal defense lawyer can help you navigate the complex legal system and work to get your driver’s license reinstated as soon as possible.
Call Fort Lauderdale Criminal Defense Attorney Richard Ansara at (954) 761-4011. Serving Broward, Miami-Dade and Palm Beach counties.
Driver’s License Suspensions and Revocations, Florida Department of Highway Safety and Motor Vehicles
More Blog Entries:
Common Broward Criminal Defense Strategies in Misdemeanor Cases, Feb. 20, 2023, Fort Lauderdale Driver’s License Suspension Lawyer Blog