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