In Florida, Driving While Licensed Suspended is Criminal Charge

In Florida, receiving a traffic ticket for driving on a suspended license does not necessarily mean you only have a traffic infraction. Often, such tickets are not handled in the typical traffic court setting, but in criminal court as a misdemeanor offense. Not being handcuffed and taken to jail does not mean that you have not been charged with a crime in this matter.
In Florida, the first offense for driving on a suspended license, if convicted, is a second degree misdemeanor; the second offense with a conviction is a first degree misdemeanor and the third convicted offense is a third degree felony. Punishments for such offenses, according to Florida Statute §775.082 include the following:
• A second degree misdemeanor per Florida Statute §775.082(4)(b), is punishable by no more than 60 days in jail.
• A first degree misdemeanor, per Florida Statute §775.082(4)(a), is punishable by no more than one year in jail.
• A third degree felony, according to Florida Statute §775.082(3)(d), a term of imprisonment for no more than five (5) years.
If you have received a ticket for driving on a suspended license, you should speak with an experienced criminal law attorney to help you better understand your rights an options in defending the case.
Yes. Florida law recognizes boating under the influence. The same legal limit for motor vehicles applies to boaters. That legal limit is .08 blood alcohol or breath content. The threshold drops to .02 if the boater is under 21 years old. However, one can be charged with boating under the influence without taking the test as long as the officer believes the boater to be operating the boat under an impaired status (whether under the influence of drugs or alcohol). This is very subjective and many times officers make mistakes. It is much harder for officers to conduct field sobriety tests on a boater unless they bring the boater to shore.
Before the introduction of the
Michael A. Atter
Former Prosecutor
Keith L. Maynard
Former Assistant Public Defender
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