Suspended License Law Amended
It used to be the case that anyone convicted of driving with a suspended license in Florida three or more times was guilty of a third-degree felony carrying with it a maximum penalty of five years in prison. But in July 2008 the law changed to the extent that certain individuals convicted of driving with a suspended license three or more times are now guilty of only a first-degree misdemeanor which carries with it a maximum penalty of just one year in the county jail.
I say "certain individuals" because a person who has previously been convicted of a forcible felony would still be guilty of a third-degree felony if he is convicted of driving with a suspended license three or more times. However, if a person's license is suspended for any of the following reasons, the most serious punishment that he can receive is one year in the county jail:
1. He failed to pay court-ordered child support;
2. He failed to pay any other financial obligation that he was legally obligated to pay;
3. He failed to comply with a civil penalty;
4. He failed to maintain financial responsibility for his vehicle;
5. He failed to comply with attendance or other requirements for minors; or
6. He has been designated a habitual traffic offender because his license was suspended for any of the reasons stated above in numbers 1 through 5.
It seems ridiculous to me that anyone should be sent to state prison for simply driving with a suspended license regardless of how many times that person has been convicted of that particular crime. I therefore think that the change in law discussed in this article is a long-overdue step in the right direction.
I think we're just finding out that potential prison sentences are just not a strong enough to make people stop and think about driving with a suspended license. Whatever we're doing is not very effective.
I owe back child support so the courts suspended my license/cancelled insurance. My business is dead in the water if I can't go back to work, you get it. I went out on one job a few weeks ago for 2 hours and got pulled over by police.
I was not arrested, why? I'm a good law abiding American citizen, taxpayer, etc. I'm not a deadbeat dad as I have proof of my past payment history.
The economy sucks right now for a lot of small business owners,hence I'm not making sufficient income to cover my expenses. What can I expect to happen when I go to the police station this month on the date that is on my ticket? Do I need a lawyer, can't afford one, I have no money due to not working? I've applied for many jobs, with no license, they can't hire me. Can I get some type of hardship license? I want to pay back my ex, I love my 6 year old daughter very much and she loves me. My ex won't give me a break... Any advice would be greatly appreciated, Sincerely, Michael pbcounty, fl.
Attorney Chapman's response:
If you are going to court for the traffic crime of driving with a suspended license, then you will need to have a lawyer.
In order to apply for a hardship license, you will need to contact the Florida Bureau of Administrative Reviews at 561-433-3636.
I too was faced with a scenario similar to this, but my tickets dated back to when I was 15-16 years old! The prosecutor was talking about jail time and fines. However, thankfully I feel under A.O. 10.102.
It is ridiculous that we would even think to place someone in prison over such a petty crime. My original reason for license suspension was Failure to maintain attendance in school. So, I was faced with at least 1 year for that! The traffic laws are getting wilder each year and it doesn't seem to stop.
My license will be suspended tonight at midnight because of unpaid tickets =( I can't afford it right now. Then I will end up in staff infected Gun Club. I am a 23 year old foster mom, on my own. I work 40 hours a week in an office, and part time in a scum bag bar just to feed a child that is not even mine. Now I have to worry about going to jail... Then my foster daughter will be in the system, and how could i get her back if I lose her? I want to cry, but i am at work. This is BULLSHIT.
Attorney Chapman's response:
If you cannot pay the tickets, I suggest you call the DMV helpline in Tallahassee and see what suggestions, if any, they have.
My license has been suspended for financial responsability on vehicle... Im a single mother who can not pay the amount they are asking for to reinstate my license and as u know am not eligible to obtain a hardship license. they also wont let me make monthly payment to pay it off. what can i do? i need my license to take myself to work and my daugter to daycare or even just to go to the store so i can buy food!!
Attorney Chapman's response:
When you say "they" won't let me make monthly payments, who is "they"? DMV or the injured party?
Often the injured party will agree to a person's license being reinstated as long as the person is paying the agreed-upon monthly amount. If you have not already contacted the other party directly (or the other party's lawyer), I suggest you do so immediately.
I too was convicted as a Felon for driving on a suspended license 3 times in 5 years. The first time it was suspended for a ticket for an equipment violation. It was a $15 ticket that I totally forgot about. The second time was for Child Support my license was suspended. But I was caught 2 times in a month for driving on a suspended license. I was in a Domestic Violence Situation and both times I was told to go to the store or tote a butt whipping. So I chose the latter of the 2 choices I had.
Thankfully I had an understanding Judge and I paid everything and my hardship license expires in less than 2 weeks. Thank Heavens.
My question is have I lost my right to Vote or to bear arms? I have never been in any trouble before other than this and I was Kidnapped and held against my will in December of 2005 and I am afraid to be in my home alone. I have been told by some that I did loose my rights and from others I did not. So could you answer this for me. Thanks
Attorney Chapman's response:
The website for the American Civil Liberties Union of Florida has some worthwhile information pertaining to your question. It can be found at:
http://www.aclufl.org/issues/voting_rights/applying_for_rights_restoration.cfm
I have a question on Habitual Traffic Offender or HTO. The Law states that:
A “habitual traffic offender” is any person whose record, as maintained by the Department of Highway Safety and Motor Vehicles, shows that such person has accumulated the specified number of convictions for offenses described in subsection (1) or subsection (2) within a 5-year period:
(1) Three or more convictions of any one or more of the following offenses arising out of separate acts:
(a) Voluntary or involuntary manslaughter resulting from the operation of a motor vehicle;
(b) Any violation of s. 316.193, former s. 316.1931, or former s. 860.01;
(c) Any felony in the commission of which a motor vehicle is used;
(d) Driving a motor vehicle while his or her license is suspended or revoked;
(e) Failing to stop and render aid as required under the laws of this state in the event of a motor vehicle crash resulting in the death or personal injury of another; or
(f) Driving a commercial motor vehicle while his or her privilege is disqualified.
(2) Fifteen convictions for moving traffic offenses for which points may be assessed as set forth in s. 322.27, including those offenses in subsection (1).
Any violation of any federal law, any law of another state or country, or any valid ordinance of a municipality or county of another state similar to a statutory prohibition specified in subsection (1) or subsection (2) shall be counted as a violation of such prohibition. In computing the number of convictions, all convictions during the 5 years previous to July 1, 1972, will be used, provided at least one conviction occurs after that date. The fact that previous convictions may have resulted in suspension, revocation, or disqualification under another section does not exempt them from being used for suspension or revocation under this section as a habitual offender.
Does this mean that I can be classified as a Habitual traffic offender if I have 15 infractions in a 5 year time frame? Doesn't the last paragraph contradict this? It states that it counts back until 1972, does anyone have any insight on this. Is it 15 tickets for a lifetime or for five years. Also http://www.dmvflorida.org/habitual.shtml does not even mention the 5 year time frame in which one can get the tickets. Does this mean that a person that has gotten an average of three tickets per ten years over the course of fifty years is a subject to HTO? Thanks in advance!