Every day, thousands of Floridians use an or take a that was not legally prescribed to them. The problem is that if you’re violating one of Florida’s drug laws and you’re caught, you can be: 1) charged with a or a, 2) fined, 3) incarcerated, 4) and your driver license can be taken away.“My driver license can be taken away if I’m convicted of a drug offense? I thought that could only happen with!” Under of the Florida Statutes, if you’re 18 or older and you’re convicted of, sales, or conspiracy to possess or sell drugs, your Florida driver license will be revoked.But, how long will such a person’s driver license be revoked?
322.055(1), the offender’s driver license will be revoked for one year, until he or she has been evaluated, or if necessary, until the offender successfully completes an approved drug treatment and rehabilitation program approved by the Department of Children and Families. Can I Get a Restricted License?Since the state’s jails and prisons are overcrowded, prosecutors and judges are focused on incarcerating violent criminals. In effect, it’s not uncommon for someone convicted of a drug offense, especially a first possession offense, to be placed on probation.As two of the standard conditions of probation, the offender usually has to be employed and support their dependents, but this is difficult if you can’t drive to work.
This is where a restricted driver license is crucial. The law allows the court to grant an offender a license for driving for 'employment purposes' or for 'business purposes only,' but not for any other reason, providing the individual is “otherwise qualified for such a license.”If a person’s driver license has been suspended because he or she was convicted of a drug-related offense, the individual may petition for a restricted or unrestricted license after six months, depending on how long their license was revoked for. There is no way that an offender can obtain a restricted license sooner than six months from the start of the revocation or suspension. The Rules of Having a Restricted LicenseWhen a driving privilege is restricted to business purposes only, it “means a driving privilege that is limited to any driving necessary to maintain livelihood, including driving to and from work, necessary on-the-job driving, driving for educational purposes, and driving for church and for medical purposes.” The term “restricted for employment purposes” is more narrow, limiting an individual’s driving to going to and from work (as well as any driving necessary for the person’s job or occupation).
'Driving for business purposes” has a little more flexibility; under that definition, the individual can drive to and from work, but they can also drive to school, to the doctor's office, or to church (or any religious service).The seasoned drug crime attorneys at Thomas & Paulk, P.A. Have handled thousands of drug offenses that put our clients' licenses and livelihoods at risk. We've been able to help our clients avoid conviction, allowing them to keep their freedom and driving privileges. If you've been charged with a drug offense or you're hoping to apply for a restricted license, call our firm.
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We can argue your case before the court or other administrative authorities to help you get your license back.Are you facing drug-related charges in Tampa? If so, you’re facing the possibility of fines, imprisonment and driver license revocation. To speak with a Tampa drug possession attorney, who’s also a former Hillsborough County prosecutor,! February 22, 2018.
What is a DUI in Florida?Because drinking and driving is so dangerous, the penalties for doing so are extremely harsh in Florida. The state is serious about curbing injuries and deaths from alcohol-related crashes.
The more DUIs you receive, the worse the penalties become. Not to mention the fact that both the courts and the FloridaDepartment of Highway Safety and Motor Vehicles, will have a say in what happens to you after you are stopped for driving under the influence.Driving under the influence (DUI) is defined as operating a motor vehicle while impaired with a blood alcohol content (BAC) of0.08% or higher, a chemical substance, or a controlled substance. Those under 21 years old will be charged with a DUI if their BAC is 0.02% or over and commercial drivers will be charged if their BAC is 0.04% or over.First DUI Conviction in FloridaEven your 1st DUI conviction can be costly both in time, fines and living with the consequences. Second DUI Conviction Administrative Penalties. Driver's license suspension/revocation. Not within 5 years: 180 days to 1 year.
Within 5 years: 5 years. DUI Program (if required) and fee: $15. Administrative fee: $130.
Driver's license reinstatement fee:. Suspension: $45. Revocation: $75. Maintain FR-44 for 3 years. Ignition Interlock Device: $12 if granted a restricted driver's license.Criminal Penalties. Fines of $1,000 to $2,000. For BAL of.0.15% or higher, or a minor in the car, minimum $2,000 to $4,000.
Jail time of not more than 9 months.
Contents.If you are charged with Driving with a Suspended License in the state of Florida, you should take the charges very seriously, as you are facing a criminal offense. Much too often, Florida drivers who are charged with driving with a suspended license fail to realize how serious the consequences of a conviction for this offense really are. You can also be charged with Driving on a Suspended License without Knowledge, which is a non-criminal charge, but can be used by the DHSMV to suspend your license for 5 years if you are convicted and have other suspended license or DUI charges on your record in a 5 year period. In other words, you should speak to a criminal lawyer before resolving any Driving With a Suspended License charge to avoid any adverse consequence on your driving privilege.It can be very beneficial to speak to a from The Law Place before you make any decision as far as how you plan to handle the matter. Our criminal attorneys have helped many, many clients with the same charges you now face, working diligently to help them minimize the consequences. Please take notice that the assembly and overall appearance of the content of the this website as well as the content, itself, including but not limited to any and all images, graphics, designs, software, audio or logos contained on this website are the exclusive proprietary property of the this website and are fully protected by U.S. And International copyright laws (for additional information, see www.copyright.gov).
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Case results depend on a variety of factors unique to each case, and the results of any case do not guarantee or predict a similar result in any future case undertaken by an attorney. The hiring of an attorney is an important decision that should not be based solely upon any website. Before you decide, please ask the attorney to send you written information about their qualifications and experience.
Get Help with a Suspended License Charge from a FL LawyerMany people who are pulled over and charged with driving on a suspended license had no idea that their license was under suspension. You may never have received a notification of suspension if you moved, or if the traffic incidence causing the suspension occurred out state. Or you may not have understood the terms and duration of a suspension.But it’s happened to you, and suddenly you are facing a criminal charge.
So what do you do next?It almost always is in your best interest to fight the charges. You do not want to get stuck with a permanent criminal record for a minor traffic violation or a paperwork mistake, and you do not deserve one.Do not plead guilty, and do not make any statements that you were aware of the suspension to the police, court officers, or anyone.
Remain silent!Please call and speak to our attorneys to find out what you can do to protect your freedom to drive and keep your record clean. Can I Beat My FL Suspended License Charge?Yes, absolutely. The most common defense is that you did not know that your license was under suspension. We may have to establish lack of notification with evidence that you have moved, or other information, but this is generally the way to win.If we can convince the judge that you were not aware of the suspended license, then under Florida traffic laws, they must reduce the charge to a non-criminal traffic violation.Ref: Florida Statute §322.34(1) and 318.14 Florida Driving on Suspended License – Penalties and LawsIf you are found guilty of operating a motor vehicle while your license is under suspension, you will be convicted of a second degree misdemeanorpenalty under Florida criminal law. A 2nd degree misdemeanor carries a maximum sentence of 60 days in jail and a $500 fine.A second offense suspended license charge is a first degree misdemeanor (up to 1 year and $1000 fine.A third or subsequent offense driving on a suspended license charge is a third degree felony, which brings the maximum penalty up to 5 years in prison and $5000 in fines.Additional license suspension periods will also likely be added to any conviction.The prosecutor needs to prove that you were aware of the suspension to convict you.
Evidence could be statements that you’ve made, proof that you received the notification, or a prior conviction is also sufficient proof that you were aware that your driver’s license was under suspension.Penalties for are even more harsh. Free Consultation on your Suspended License or other Florida Criminal Traffic OffensePlease call to discuss any criminal traffic or other criminal charges in Florida. We offer a free case evaluation and some advice on your situation, before you even have to make a decision to hire us. There’s no obligation, so call now at (877) 394-6959or and we’ll set up a time to talk about your case.Don’t just plead guilty and get stuck with a criminal record for the rest of your life, when you may be able to easily avoid such a harsh outcome. Find out your rights and defend them!
My Florida Driver's License was Suspended: What Do I Do Now? Heli x crack simulator flight. Posted By Albaugh Law Firm 6-Sep-2017In Florida, as it is in all states, driving is a privilege and not a right.To this end, your driving privileges can be suspended or revoked as afor a number of reasons by taking away or invalidating your Florida driver’slicense. One of the most common reasons a driver’s license is suspendedin Florida is being arrested for or convicted of driving under the influence , but it can also be suspended for being legally blind, having too manytraffic violations on your driving record, or for failing to meet specificfinancial obligations, such as child support.A suspended driver’s license is not final, however.
You do have optionsto either appeal the suspension or attempt to reinstate your license beforethe suspension’s original end date. Appealing a Suspension Before It OccursIf you are charged with a DUI or refuse to take a mandatory chemical testafter being arrested for a DUI, the State of Florida can automaticallysuspend your driver’s license and hand you a 10-day permit instead.When that permit expires, a 90-day suspension will follow, unless youcan successfully argue for an appeal of that suspension before the FloridaHighway Safety and Motor Vehicles (FLHSMV) department.
Since the permitis limited to just 10 days, you only have as long to request and prepareyour appeal. Act quickly by retaining the services of a Florida DUI defenseattorney as soon as you can. Reinstating a Suspended LicenseIf your Florida driver’s license was suspended before you could filefor an appeal, you will not be able to drive freely until your licenseis reinstated.