Articles Posted in Driver’s Licenses

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The Florida law that governs Jacksonville five-year driver’s license suspension for habitual traffic offenders is Florida Statute Section 322.264. This Florida driver’s license law defines “habitual traffic offender” as:

“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:

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If you receive a speeding ticket or any traffic citation in another state, Florida may assess points against your Florida license. According to Florida Statute Section 322.27(e), a conviction in another state of a traffic violation that would violate the laws of Florida if committed in Florida may be recorded against a driver. The driver will receive the same number of points on his Florida driver’s license that would have resulted in he were adjudicated guilty of the driving offense in Florida. This could result in a Florida Driver’s License suspension.

For example, if a licensed Florida Driver receives a ticket in Texas for speeding (over 15 mph), he or she will receive 4 points on his or her driver’s license (see the Florida Points Scale). If this happens, the Florida Driver’s License may be suspended if the driver has other tickets. A Jacksonville Traffic Lawyer cannot handle a ticket in Texas. However, a Jacksonville Traffic Lawyer may be able to reopen an old moving violation in Florida and have the points set aside. If this occurs, the Jacksonville driver will be able to avoid the license suspension if the points are under the threshold amount (See Section 322.27(a)-(c) for points and suspensions).

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The amount of points that are placed on a Florida Driver’s License for speeding tickets and other traffic citations can vary. The points will range anywhere from 3 to 6 points. The scale is set forth in Florida Statute Section 322.27(d) for Florida moving violations. This Florida Traffic Law is quoted below.

“(d) The point system shall have as its basic element a graduated scale of points assigning relative values to convictions of the following violations:

1. Reckless driving, willful and wanton–4 points.

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I often hear the question: “How do I get my driver’s license back in Florida?” Many Florida drivers have had their Florida driver’s licenses suspended due to excessive points. If you receive a Florida traffic ticket that is a moving violation, points will be assessed to your license pursuant to Florida Statute Section 322.27(3)(d). If you get a certain amount of points within a specified time period, your Florida driver’s license will be suspended for a certain time limit as set forth in Section 322.27(3)(a)-(c), Florida Statutes.

“(a) When a licensee accumulates 12 points within a 12-month period, the period of suspension shall be for not more than 30 days.

(b) When a licensee accumulates 18 points, including points upon which suspension action is taken under paragraph (a), within an 18-month period, the suspension shall be for a period of not more than 3 months.

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Section 322.34(5) of the Florida Statutes makes it a 3rd degree felony for anyone whose license is suspended or revoked as a Florida Habitual Traffic Offender to drive a motor vehicle. In 2008, the Florida legislature adopted section 322.34(10)(a)6 which states if the offender does not have a prior forcible felony conviction, and if the person is designated an Florida Habitual Traffic Offender as a result of the suspension of the license because of purely financial defaults, the offender is only to be punished for a misdemeanor.

The Florida Fifth District Court of Appeals recently decided a case (Wyrick v. State, 35 Fla. L. Weekly D2666b) where a Florida Habitual Traffic Offender (HTO) was arguing that she should not have been charged with a felony. Wyrick was convicted of Driving Under the Influence (DUI) in 2004 and two Driving with a License Suspended or Revoked (DWSL) in 2006 for driving w/out insurance. Thus, the two DWSL offenses were financial responsibility suspensions. She was labeled HTO and subsequently was charged with an additional DWSL as a felony. The Florida court ruled that Wyrick only partially attained her HTO status from her financial defaults. Without the DUI, the two DWSL would not have resulted in her HTO status. Because of the DUI, she was able to be charged with a felony.

If you are charged with Jacksonville Driving on a Suspended License, contact a Jacksonville Drivers License Lawyer, at (904) 685-1200.

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Florida State Section 322.34(10)(a)(6), creates a defense to the felony charge of Jacksonville Driving on a Suspended License as a Habitual Traffic Offender. If a driver is declared a Jacksonville Habitual Traffic Offender based drivers license suspension on the reasons listed below below, he should not be charged with a felony:

  1. Failing to pay child support;
  2. Failing to pay any other financial obligation (some crimes are excluded, see section 322.245(1));
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Driving on a suspended license can result in felony charges in Jacksonville, Florida. If The Department of Highway Safety and Motor Vehicles (DHSMV) designates a driver as a Jacksonville habitual traffic offender, his or her license will be suspended for five years. That makes it a felony for the person to drive, and if the person does, it will result in an arrest for Jacksonville Driving on a Suspended License as a Habitual Traffic Offender.

As a Jacksonville Habitual Traffic Offender Lawyer, I have met too many people that have faced felony charges, and even became convicted felons, due to Jacksonville Habitual Traffic Offender arrests. It is important that Jacksonville Habitual Traffic Offender Lawyers work hard to prevent this from occurring. There are ways to defend this charge. For instance, the law itself, in Florida Statute Section 322.34(10)(a)(6) lays out a defense.

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If a driver is stopped for driving with a suspended license in Jacksonville, Florida, he or she can be charged with a civil traffic infraction, a misdemeanor, or a felony. The level of the Jacksonville Driving with a Suspended License offense will depend on the driving record. According to Florida Statute Section 322.34(1), if a person is cited for Jacksonville Driving with a Suspended License and the driver did not have knowledge that his or her Jacksonville drivers license was suspended or revoked, the driver will be issued a civil traffic citation.  This is not a crime, but it should still be taken seriously, because it can be used against the person in the future.  

If the person had knowledge that his or her Jacksonville drivers license was suspended, he or she may be issued a criminal traffic citation or arrested for Jacksonville Driving with a Suspended License.  Under Florida Statute Section 322.34(2), a first conviction is a 2nd degree misdemeanor, a second conviction is a 1st degree misdemeanor, and a third conviction is a third degree felony. 

If you are charged with Jacksonville Driving on a Suspended License, contact Jacksonville Driver’s License Lawyer, at (904) 685-1200.  

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A Jacksonville Juvenile’s Driver License will be suspended if he is found in violation of Florida Statute Section 569.11. This Florida statute makes it unlawful for a juvenile to possess tobacco or misrepresent his or her age to obtain tobacco. Section 569.11 sets forth procedures that the juvenile must complete, such as a fine, community service hours, anti-tobacco program. If the Jacksonville juvenile does not complete the requirements, the court shall direct the Florida Department of Motor Vehicles to suspend the Jacksonville Driver License. The time period for the Jacksonville Driver License Suspension will vary depending on the violation.

If are an adult or juvenile having trouble with the status of your Jacksonville driver license, contact a Jacksonville Driver License Lawyer today.

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Florida Statute Section 322.056 governs Jacksonville Driver Licenses suspensions for juveniles found delinquent for certain crimes. A Jacksonville juvenile’s driver license will be suspended if he or she is found guilty or delinquent of:

  1. selling, giving, serving, or possession of alcohol by a minor (under Florida Statute Section 562.11(2) or 562.111) or
  2. a violation of Chapter 893 (drug-related offenses).
The first violation will normally result in a six month suspension of the Jacksonville driver license. The second violation will result in a two year suspension.  However, the court may direct the Florida Department of Highway Safety and Motor Vehicles to issue a hardship Jacksonville driver license.  
If are an adult or juvenile having trouble with the status of your Jacksonville driver license, contact a Jacksonville Driver License Lawyer. 
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