- Dorothy Naumann
- Indian River County, FL
How Florida Statute 322.34 classifies the offense
Florida Statute 322.34 makes it unlawful for a person whose driver’s license has been suspended or revoked to drive a motor vehicle on a public road or highway while the suspension or revocation is in effect. The statute classifies the offense based on whether the driver had knowledge of the suspension and the number of prior offenses.
Driving with knowledge of a suspended or revoked license is a second-degree misdemeanor for a first offense, a first-degree misdemeanor for a second offense, and a third-degree felony for a third or subsequent offense. The prosecution must prove that the driver knew of the suspension. Notice of suspension by mail to the driver’s last known address creates a rebuttable presumption of knowledge.
Habitual traffic offender designation
Florida Statute 322.264 establishes the habitual traffic offender designation for persons who accumulate a specified number of convictions within a five-year period. A person designated as a habitual traffic offender has their license revoked for five years under Florida Statute 322.27.
Driving while designated as a habitual traffic offender and while the revocation is in effect is a third-degree felony under Florida Statute 322.34(5), regardless of the number of prior driving while suspended offenses.
License suspension resulting from DUI
A DUI conviction results in a mandatory license revocation under Florida Statute 322.28. The revocation period depends on the number of prior DUI convictions. A first DUI conviction results in a minimum revocation of 180 days. A second conviction within five years results in a minimum revocation of five years. A third conviction within ten years results in a minimum revocation of ten years.
A person whose license has been revoked following a DUI conviction who drives while the revocation is in effect may face charges under both Florida Statute 322.34 and enhanced DUI-related provisions depending on the specific circumstances.
Hardship licenses and reinstatement
Florida Statute 322.271 provides a process for persons with suspended or revoked licenses to apply for a hardship license, which permits driving for business or employment purposes only. Eligibility for a hardship license depends on the reason for the suspension and any prior hardship licenses issued.
The Florida Department of Highway Safety and Motor Vehicles (DHSMV) administers license reinstatement. Reinstatement typically requires payment of reinstatement fees, completion of any required courses or evaluations, and clearance of any outstanding obligations.
Frequently asked questions
What is the penalty for driving with a suspended license in Florida?
Under Florida Statute 322.34, driving with knowledge of a suspended license is a second-degree misdemeanor for a first offense, a first-degree misdemeanor for a second offense, and a third-degree felony for a third or subsequent offense.
What is a habitual traffic offender in Florida?
Florida Statute 322.264 designates a person as a habitual traffic offender after a specified number of convictions within five years. The designation results in a five-year license revocation. Driving during that revocation is a third-degree felony.
Can you get a hardship license in Florida after a suspension?
Florida Statute 322.271 provides a process to apply for a hardship license permitting driving for business or employment purposes. Eligibility depends on the reason for suspension and prior hardship licenses.
If you have been charged with a criminal offense, you have the right to an attorney. Contact the Law Office of Dorothy Naumann at 772-WIN-CASE to speak with a criminal defense lawyer.