Driving While License Suspended Cases Are Extremely Difficult To Win At Trial.

28.11 DRIVING [WHILE [LICENSE] [DRIVING PRIVILEGE] SUSPENDED, REVOKED OR CANCELED] [OR] [UNDER SUSPENSION OR REVOCATION EQUIVALENT STATUS] WITH KNOWLEDGE
§ 322.34(2), Fla. Stat.
To prove the crime of Driving [While [License] [Driving Privilege] was [Suspended] [Revoked] [Canceled]] [Under Suspension or Revocation Equivalent Status], the State must prove the following three elements beyond a reasonable doubt:
1. (Defendant) drove a motor vehicle upon a highway in this state.
Give as applicable.
2. At that time,
a. [his] [her] [license] [driving privilege] was [suspended] [revoked] [canceled].
b. [he] [she] was under suspension or revocation equivalent status.
Give as applicable.
3. At that time, (defendant) knew that
a. [his] [her] [license] [driving privilege] was [suspended] [revoked] [canceled].
b. [he] [she] was under suspension or revocation equivalent status.
Whether (defendant) knew of the [suspension] [revocation] [cancellation] [suspension or revocation equivalent status] is a question to be determined by you from the evidence.
Give as applicable. See § 322.251(1), (2), and § 322.34(2),(3),(4), Fla. Stat.
Proof that there exists an entry in the records of the Department of Highway Safety and Motor Vehicles showing that notice of the [suspension] [revocation] [cancellation] was given by personal delivery is proof that such notice was given.
Proof that there exists an entry in the records of the Department of Highway Safety and Motor Vehicles showing that notice of the [suspension] [revocation] [cancellation] was deposited in United States mail, first class, postage prepaid, addressed to the licensee at [his] [her] last known mailing address furnished to the department, is proof that such notice was sent.
If you find that (defendant) had been previously cited for driving [while license [suspended] [revoked] [canceled] and [his] [her] license had not been reinstated, you may conclude that (defendant) knew of the [suspension] [revocation] [cancellation].
If you find that (defendant) admitted to knowing of the [suspension] [revocation] [cancellation] [suspension or revocation equivalent status], you may conclude that (defendant) knew of the [suspension] [revocation] [cancellation] [suspension or revocation equivalent status].
If you find that (defendant) had received a traffic citation that contained a provision notifying (defendant) that [his] [her] license [had been suspended, revoked, or canceled] [was under suspension or revocation equivalent status], you may conclude that (defendant) knew of the [suspension] [revocation] [cancellation] [suspension or revocation equivalent status].
Do not give if the suspension was for failure to pay a traffic fine or for a financial responsibility violation. See § 322.34(2) and § 322.251(1), (2), Fla. Stat.
If you find that (defendant) had received a [judgment] [order] rendered by [a court] [an adjudicatory body] which contained a provision notifying (defendant) that [his] [her] license had been [suspended] [revoked] [canceled], you may conclude that (defendant) knew of the [suspension] [revocation] [cancellation].
If you find that the records of the Department of Highway Safety and Motor Vehicles include a [judgment] [order] rendered by [a court] [an adjudicatory body] that contains a provision notifying (defendant) that [his] [her] license [had been [suspended] [revoked] [canceled]] [was under suspension or revocation equivalent status], you may conclude that (defendant) knew [his] [her] license was [suspended] [revoked] [canceled] [under suspension or revocation equivalent status]. You may accept or reject the inference depending upon the circumstances of the crime and the facts presented at trial.

[millz]

1yr for suspension is crazy idc what anybody says shouldn't even be given probation for it cost an fine that's it.

[nchrysalis]

I currently have a suspended DL in Louisiana due to lapses in insurance coverage going back to 2018. I currently owe $12, 000 in fines and the DMV requires a 25% down payment to get on a payment plan to reinstate driving privileges. Is there anything a lawyer can do to help lower the fines? Thanks!

[rockon]

Dude...not in Look up "The Kia Boys."

[offgrid]

So how do you determine driving? I understand that it's a commercial jurisdiction? licence is driving for hire or reward? No?

[scottcampbell]

I have a smart defence. In Vermont, if the officer does not fill out the ticket properly, it is easy to get it dismissed. My daughter got one dismissed by doing that. Several times (more than ten), she was stopped because "her license was suspended". Except her license was not suspended. The Vt DMV had somehow stupidly attached another woman's driver's license to my daughter's registration. Same first and last name, different middle initial, different birthdate, different address. It got to be a joke for cops to stop her because we knew what happened. This was at the same time as the actual suspension. My daughter did not pay a ticket so she got a 10 day suspension. However, since she proved that the other woman's license was attached to her registration, the cop could not determine who the suspension actually belonged to. And, she did it without a lawyer.

[mikehoule]

How stupid do you have to be to get your license suspended?

[bigpapapimp]

I got a seatbelt ticket, my phone was dead I couldn’t show insurance. I paid the ticket. I got a letter in the mail saying pay the bmv or license will be suspended. I paid. I was driving dropping a friend off, a cop thought he know me so he pulled me over for no reason said “i thought i knew you” then asked for my id and my buddy’s id came back said my license was suspended and that he pulled me over because my license plate stickers weren’t reflecting. Do I pled not guilty and fight the fact that the reason for the stop in the first place was false?

[JillBarbarick-hvsh]

What if they pulled over for revoked license when you weren't driving u were on the side of the road

[nxvx]

How good would your defense be if it’s your first time and the ticket that led to the suspension was ultimately dismissed?

[gousseca]

You are a great soul and a good lawyer, much blessings to you 🕊️🙏🕊️

[nicholasfink]

Just like any contract you violated the contract

[DarrylKing-urkm]

This will be a mess that all there doing is making a mess

[CDaeda]

How do you know if your license is suspended?

[codywalker]

Simple dont get a license as it is to do something Commercial to make money. No license applied for means no consent given to go by their rules. Supreme Court cases have ruled driving is a right not a privilege by a license unless your making Mone! Wake up Americans, until we all stand together this will continue. We the people pay for the roads to travel freely as our rights. Police and State Troopers are Foreign Corporations that operate for Profit and operate outside the Constitution. Research it if you dont believe me.

[Tsiri]

It's too easy- pay the fines, do what you need to do and DON'T drive with a suspended license.

[jamesgrigsby]

Most young people dont understand that simply having a car that runs and drives isnt enough to just start driving. If you dont have a valid drivers license, car insurance, inspection and registration, then your only buying yourself more potential legal problems! Someone without all these things, them having a car is only gonna introduce serious legal problems into theyre lives and wont help them at all. If all you can afford is simply putting gas in the car to make it go, THEN STAY THE HELL OFF THE ROADS! You are nothing but a rolling liability that can easily be sued in court for any type of accident when you dont meet the legal requirements to operate said motor vehicle! All the sovereign idiots that wanna post comments like "its our right to travel" are just dumb! Yes your right, you do have the right to travel, but not to drive! Get a bike or buy a bus ticket, you'll save yourself from lots of legal troubles down the road for not endangering others by driving without meeting all the legal requirements! Driving is a privilege and NOT A RIGHT!!!

[offgrid]

Office of road and rail act 1933? Section 9 subsection 2. Notwithstanding that a vehicle is an authorised vehicle, the conditions of a licence shall not apply while the vehicle is being used for any purpose for which it might lawfully be used without the authority of a licence.?.