Crime Penalties: Suspending Drivers Licenses
Criminal Offenses or Actions that can Result in Drivers License Suspension
Under Florida law people can have their drivers licenses suspended if they are found guilty of certain offenses or failure to act even when the behavior does not involve driving or the presence of a motor vehicle. The legislature uses drivers license suspensions as a way to penalize people for their unlawful behavior. The unfortunate effect of these punishments is that it often leads to more "crime" because very few people can remain employed without the ability to drive.
Below is a list of offenses that require the suspension of driving privileges if found guilty. If available there is included the length of suspension, the length of the hardship period if any, and any requirements needed to get a hardship license.
POSSESSION OF A CONTROLLED SUBSTANCE: Most notably is the possession of marijuana. This is a 2-year suspension. There is a 6-month hardship period and a substance abuse evaluation requirement. The common belief is that the withholding of adjudication or delinquency will prevent the required suspension. However, two recent cases seem to suggest that a withhold will no longer protect the driving privilege of the defendant. See State v. S.S., 8 So.3d 425 (Fla. 2d DCA 2009); and State v. K.R.G., 12 So.3d 1269 (Fla. 2d DCA 2009). Both cases deal with juveniles and reference §322.056, Fla. Stat., which deals only with juvenile suspensions for possession of controlled substances but there is a mirror statute, §322.055, Fla. Stat., that deals with adults. It may only be a matter of time before the state challenges an adult case.
UNLAWFUL DISPLAY, USE, OR FRAUDULENTLY OBTAINING DRIVERS LICENSE: This means that if the DHSMV discovers that a person has displayed a drivers license as identification that is not true and correct, e.g. using a sibling's or friend's license to get into a club, or used one to purchase alcohol or obtained a drivers license fraudulently - then that person's drivers license will be suspended by the Department. There does not need to be a finding of guilt in a court of law for the DHSMV to act.
THEFT AND SHOPLIFTING: Any judgment of guilt for petit theft or grand theft, and each one thereafter, shall require that the defendant's drivers license be suspended. For first conviction the suspension is for 6-months. All subsequent convictions are for 1-year.
GRAFFITI: Involves only minors. The court is required to direct the DHSMV to suspended the license of a minor for up to one year. If the minor is too young for a license the court will direct the DHSMV to suspend the drivers license for up to one year once the minor is eligible for a license. If the minor's license is already suspended the court will direct the DHSMV to extend the suspension for up to one year.
FAILURE TO PAY CHILD SUPPORT: The Florida Department of Revenue is authorized to suspend the driving privileges of anyone that is delinquent on paying court ordered child support. The suspension can be lifted with payment of the support. The Department is authorized to negotiate partial payments and increased monthly payments.
INVOLVED IN A CAR ACCIDENT WITHOUT INSURANCE COVERAGE: Insurance claims can be filed against a person who is involved in a car accident that is uninsured. A judgment for costs and attorney fees can be sought and a lien can be placed against the uninsured driver's privilege to drive. This results in a drivers license suspension that remains in effect until the lien is paid or suitable payment plan is adopted and followed.
To Retain Orlando Criminal Defense Attorney Eric J Dirga
We represent people with suspended drivers license issues all the time. You may call it our "bread and butter" issues. Our goal is to try and get your Florida drivers license back. If you want a consultation contact us as soon as possible.
All our consultations are free.
