The number of people arrested or charged with Driving on a Suspended License in Florida 2008->Ch0322->Section%2034#0322.34">(Florida Statutes Section: 322.34) continues to grow. It really should be no surprise, given all of the state-wide legislation directed at the mandatory suspension of driver’s licenses. It seems the politicians in Tallahassee never miss an opportunity to tie a compulsory driver’s license suspension to prohibited conduct - which is often only remotely related (if related at all) to the use of a motor vehicle. The below list will provide you with some examples:
- Dropping out of High School while under the age of 18: 2008->Ch0322->Section%20091#0322.091">F.S. ss. 322.091.
- Failure to Appear in Court for a Worthless Check charge: 2008->Ch0832->Section%2009#0832.09">F.S. ss. 832.09.
- Delinquent child support obligation: 2008->Ch0322->Section%20058#0322.058">F.S. ss. 322.058(1).
- Convictions for any drug related offense: 2009->Ch0322->Section%20055#0322.055">F.S. ss. 322.055.
- A 2nd conviction for solicitation of prostitution in which the use of a motor vehicle was involved: 2008->Ch0322->Section%2028#0322.28">F.S. ss. 322.28(7).
- Driving off from a gas station without paying for the fuel: 2008->Ch0812->Section%20014#0812.014">F.S. ss. 812.014(5)(b).
- A 2nd conviction for a Retail Theft or Petit Theft offense: 2008->Ch0812->Section%200155#0812.0155">F.S. ss. 812.0155.
Of course, there are plenty of other circumstances directly associated with the use of an automobile where individuals are likewise subject to a mandatory driver’s license suspension:
- Being involved in an automobile accident while uninsured (financial responsibility suspension);
- Cancellation of auto insurance due to nonpayment of the policy;
- Failing to pay a traffic ticket or enter a plea of not guilty within thirty days of issuance of the citation;
- Failing to appear in court for a citation issued in connection with an alleged violation of the traffic laws;
- Refusing to submit to Intoxilyzer testing after being arrested for a DUI;
- Being convicted of DUI;
- Acquiring an excessive number of points on your driving record associated with moving violations;
- Making a “material misrepresentation when making an application for a Florida Driver’s License, Hardship License, or ID Card;
- A conviction for the offense of Racing on the Highway or Exhibition of Speed (despite the fact that the offender may otherwise have a perfectly clean point-free driving record.
Perhaps the most ironic method of getting a lengthy mandatory drivers license suspension is for having been convicted three times for the offense of “Driving While License Suspended or Revoked.” That’s right, the law is more interested in further suspending the violator’s privilege than seeking to have him correct the underlying problem which would otherwise afford him the opportunity for reinstatement.
For example, an individual who fails to pay an outstanding ticket and is thereafter caught three times driving on his suspended license is automatically declared a “Habitual Traffic Offender” and suffers a DHSMV imposed mandatory administrative five year suspension. Oh…did I also mention that a few years back, lawmakers in Florida made the commission of a third or subsequent offense for “Driving While License Suspended or Revoked” a felony? How many employers are prepared to hire a convicted felon currently unable to lawfully drive or an individual who is ineligible to reinstate their driving privileges?
Currently, the Florida legislature is seriously considering a substantial increase in the fines associated with speeding offenses. (As well as a general increase in the fine for all other traffic offenses.). In some locales, the fines and court costs will be imposed at even a higher rate since counties and cities have the authority and option to impose additional charges to supplement their budget shortfalls. Experts are predicting that given the current tough economic times, many of the new and more expensive “Unlawful Speed” traffic citations will go unpaid – leading to yet more suspensions of driving privileges. Senator Frederica Wilson, a Miami Democrat was recently quoted in the St. Petersburg Times as saying that many people simply won’t be able to pay these new higher imposed obligations. Of course, that will lead to an epidemic of yet further suspensions of drivers license privileges.
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