Driving with a Suspended License
If in fact you have been apprehended for Driving with a Suspended License in Florida, very important that you hire an experienced Driving with a Suspended License criminal defense lawyer to represent you. The Law Offices of William H. Bryan III, P.A. will work relentlessly to mount a successful defense to the crimes with which you have been charged. As a former federal prosecutor for the U.S. Attorney's office in Orlando and Miami for almost 10 years, William H. Bryan III comprehends how to challenge, argue and fight Driving with a Suspended License crimes in the state of Florida. We are a firm believer and advocate of our clients' Consitutional rights and promise to employ our invaluable resources and experience in our power to protect and defend them. William H. Bryan III is an ethical, experienced and hard working Orlando Driving with a Suspended License criminal defense attorney who will defend every detail of your criminal case leading up to trial if even necessary.
Driving with a Suspended License
Driving while suspended can be a severe crime. As you will learn
from listening to this Tel-Law topic, the legal rules involved are intricate
and are frequently changed or affected by decisions of the Supreme Court
and Court of Appeals. If in fact you are charged with Driving While Suspended, you
should immediately consult with an lawyer.
It is against Florida law to drive when your driver's license is suspended
or revoked. Breaking this law is called Driving While Suspended, or DWS.
It also is against the law to drive if you don't have a license, and your
right to apply for one has been suspended or revoked. The courts often
require the Motor Vehicles Division to suspend or revoke a person's
driver's license when the person involved does not have a license or has a
license from a state other than Florida. When this happens, the Motor
Vehicles Division will suspend or revoke the individual's right to drive
or to apply for an Florida license. A person who drives a motor vehicle at
a time when his or her right to apply for an Florida license has been
suspended or revoked also commits the crime of Driving While Suspended.
Driving while suspended is usually an infraction or misdemeanor, which
means you can be sentenced to a maximum of one year in prison and fined
$5,000. Under certain circumstances, however, the offense may be
classified as a felony. One situation where a DWS is a felony is when a
person's license was suspended due to conviction for driving under the
influence of intoxicants. In such a case, the offense is punishable by
imprisonment for not additional than five years and a fine of not additional than
$100,000.
Besides the possibility of a prison sentence and having to pay a fine, the
registrations of all the vehicles the arrested or convicted person owns are suspended
for up to three months. The registration of the vehicle that the arrested or convicted
person was driving at the moment of arrest also will be suspended for up to
120 days. This will happen even if the arrested or convicted person is not the owner
of the vehicle, and if it is displayn that the owner of the vehicle knew or
had good reason to know that the arrested or convicted person did not have a valid
driver's license and still let the suspended driver use his or her
vehicle.
The court also can order an additional penalty for DWS. It can have the vehicle
"impounded" for up to three months. This means towed away, locked up, and
stored. The arrested or convicted person is tasked with the costs of towing and
storing the vehicle, and the vehicle will not be returned until these
costs are paid. If the vehicle is not claimed and these costs are not paid
within 30 days after the impoundment period is up, the vehicle may be sold
at public auction.
In certain situations, a license may be revoked. This means the person's
right to drive is terminated or ended. The person must successfully get a new license
issued if he or she wants to drive again.
Although the crime is called Driving While Suspended, it applies to both
suspensions and revocations. Understanding these terms, and the
differential factors between them, may assist you to better comprehend the law. For
example, if a person is arrested or convicted of assault pertaining to the use of a motor
vehicle, the person's license will be revoked.
In other situations, a license may be suspended. This means that a
person's right to drive is revoked for a period of time
Conviction under this statute brings the following penalties. Upon
conviction of the first offense of fine of $500.00. The defendant will
also be surcharged a mandatory $250.00 per year for 3 years in every DWS
by the DMV. Upon conviction for the second offense a fine of $750.00 and
imprisonment in the county prison for not additional than 5 days. Upon conviction
for the third offense a fine of $1000.00 and imprisonment in the county
prison for 10 days. Additionally, the statute states, upon the conviction
the court shall impose or extend a period of suspension not to exceed 6
months. Also, upon conviction the court shall impose a period of
imprisonment for not less than 45 days, if while operating a vehicle in
violation of this section a person is involved in an accident resulting in
personal injury to an additional person.
If an person violates this section while under suspension issued
pursuant to 39:4-50, driving while under the influence of liquor or drugs
and is arrested or convicted, they shall be fined $500.00 extra? and have their
license suspended for an additional period not less than one year nor additional
than two years and may be in the county prison for not additional than 90 days.
The defendant will also be surcharged a mandatory $250.00 per year for 3
years.
Why we are good law firm for your problems?
William H Bryan III, P.A. provides practical solutions for our client's legal
problems. The law firm built its success by being responsive to client
concerns and applying hard work with integrity to find creative legal
solutions. We meet our client's legal needs by using technology and
combining sophistication with sensitivity. We are proud of our reputation
for being knowledgeable, responsive, accessible, aggressive and
professional.
Our firm has complete and thorough experience with Driving on Suspended or Revoked
License law to enable us to provide results to our clients. William H Bryan III, P.A. will assist you protect and defend your constitutional rights.
Our entire practice is committed to criminal law. Our criminal defense
attorneys defend all felonies and misdemeanors including fraud, drug crimes,
federal charges, DUI / DWI drunk driving charges, juvenile situations,
murder, attempted murder, grand jury judicial processs, probation violations,
sex offenses, white collar crimes, traffic violations, and license
reinstatement.
Selecting an Orlando Driving with a Suspended License attorney is an significant decision. Your ability to live a free person in this country is at jeapordy. You should cautiously research the lawyer and/or law firm who will represent you before before making any decisions. At the Law Offices of William H. Bryan III, P.A., we have broad experience in all kinds types federal felonies offenses, from pre-arrest investigation through trial. No Driving with a Suspended License case too insignificant or to large for our law firm to defend. We treat every Driving with a Suspended License case with same devotion and attention, irrespective of the charges and potential penalties involved. We comprehend the criminal laws as they relate to Florida Criminal Defense and we are committed to providing compelling legal representation to our clients in all manner of criminal judicial processs. We are an ethical, experienced and hard working criminal defense firm operating in Orlando, Florida and surrounding metropolitan areas.
Law Offices of William H. Bryan III, PA
The Premiere Trade Plaza - 189 South Orange Avenue - Suite 1800
Orlando, FL 32801
Phone: 407.401.9565
Fax: 407-264-8728
Toll Free: 800.693.9886
Email Us: attorney@williambryanlaw.com
Orlando
criminal defense attorneys serving all of Central Florida, including
Orlando, Tampa, Jacksonville, Pensacola, Palm Beach, Winter Park, Kissimmee,
Altamonte Springs, Saint Cloud, Ocala, Winter Park, Daytona Beach, and
Windermere.
Consult with your attorney before speaking to authorities.
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2008 A Good Lawyer All rights reserved.