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New Penalties in Florida for Driving Without a License

New Penalties in Florida for Driving Without a License

If you have been caught driving without a validly issued driver’s license or one that has been suspended, you may now face enhanced penalties under a new law that was recently signed. If you are facing motor vehicle traffic charges, the experienced criminal defense attorneys in Orlando at the Alers Law Firm can provide you with a strong legal defense.

The new Florida law requires a mandatory minimum sentence in jail for a third offense of driving without a license. Any time you are charged with a criminal offense for driving without a license, there may be serious potential consequences. Never assume that any penalty will be minor or that you do not need the help of a criminal defense lawyer. This law may be in even more focus in the near future, as the incoming presidential administration may increase its use of deportations. Even being pulled over for driving without a license could be the first step that leads to potential removal from the United States.

If you have been charged with a criminal offense, schedule a free initial consultation with an attorney at the Alers Law Firm. A criminal defense lawyer will ensure that you understand the law and have someone to protect your legal rights every step of the way.

The New Law Raises the Potential Penalties for Driving Without a License

The Florida legislature passed, and Governor DeSantis recently signed into law, a bill that tightens the penalties for driving without a license in the state. Now, if you are caught driving without a valid driver’s license in Florida, and you have been convicted of the offense three times, you are facing mandatory jail time of at least ten days. The bill is in effect as of July 1, 2024, and it could have serious consequences for many Florida residents.

Florida law requires that individuals who are driving in the state have a valid driver’s license. The license could be issued either in Florida or out of state for a non-resident (except for undocumented immigrants).

If you have been charged with driving without a license in Florida, you could face the following penalties:

  • For a first offense, a misdemeanor of the second degree, which is punishable by a fine of up to $500 and up to 60 days in jail
  • For a second offense, a misdemeanor of the first degree, which is punishable with a fine of up to $1,000 and up to one year in jail
  • For a third or subsequent offense, a misdemeanor of the first degree and is subject to a minimum of 10 days in jail as ordered by the court and the same potential penalties as a second offense.

Legislators Were Largely Taking Aim at Undocumented Immigrants

Legislators took note of the fact that driving without a license usually accompanies driving without auto insurance.  In that event, other motorists would be forced to bear the costs and consequences of the driver’s actions. Other legislators made public comments that indicated that the bill was aimed at undocumented immigrants who did not have licenses or others who were “too lazy to go down to the DMV.” For undocumented immigrants, the problem is compounded by the fact that Florida does not recognize licenses that were issued to them in other states. If any undocumented immigrant is pulled over in Florida, they would be considered to be driving without a valid license. It does not matter whether they were issued a driver’s license legally in a state which allows it.

The treatment of driving with a suspended license or without ever having been issued a valid license is largely the same. There are slight variations in the new law. Both would require a ten-day minimum jail sentence for a third or subsequent offense. If the driver had their license suspended, a third offense would be treated as a third-degree felony if the most current offense relates to a specified driving offense.

To be clear, the enhanced penalties in the new law do not apply to motorists who have been issued a driver’s license but simply forgot it at home. Here, the driver would have a valid license, but they are unable to present it to the officer, leading to other potential penalties. The stricter penalties are aimed at those who either never had a license in the first place or who have had their license suspended.

You Need a Criminal Defense Law Firm for Serious Traffic Charges

Just because driving without a license is a third offense that requires mandatory jail time does not mean that you should not hire a criminal defense attorney when you have been charged for the first or second time. Even though severe penalties may be uncommon, they are still a possibility anytime you are charged with a second-degree misdemeanor. Besides, even receiving probation can be a significant limitation on your freedom, and you would want to avoid it at all costs. A criminal defense lawyer can either defend you in court or they can work to negotiate a plea agreement that could mean lesser penalties.

Contact an Orlando Criminal Defense Lawyer Today

No matter what type of criminal charges you are facing, you are always better off when you get legal help from an experienced criminal defense attorney at the Alers Law Firm. Our criminal defense law firm will provide you with aggressive and diligent legal representation. You can schedule a free initial consultation by calling us today at 407-930-4888.

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