The judges at the Pinellas County Criminal justice Center, along with both our North Count Traffic Court - Clearwater) and South County Traffic Court - St. Petersburg divisions are accustomed to seeing court dockets loaded with persons charged with the offense of Driving While License Suspended or Revoked (DWLSR). In fact, a recent study disclosed that one out of every ten motorists on the highway is operating their vehicle with a suspended or revoked license.
A license suspension can occur from something as minor as a lapse in your automobile liability coverage or an unpaid traffic ticket. Or, it can be court ordered such as in the case of a DUI or drug conviction. The legislature has created a lengthy laundry list of reasons that they contend justify a mandatory suspension of your driving privilege. These include, but are not limited to, “excessive points,” “child support delinquency,” “driving away from a gas pump without paying for the fuel,” “dropping out of high school” and “failing to appear in court for a worthless check charge.”
Our office has previously written about new laws making it more difficult to qualify for a Florida drivers license and the political fixation to drum-up reasons to suspend your drivers license. See:
These crimes are currently divided between Misdemeanor DWLSR charges and Felony DWLSR offenses. Misdemeanors can carry a fine of up to $1,000.00, along with incarceration in the Pinellas County jail for as much as one year. Felony DWLSR convictions can result in up to a $5,000.00 fine and five years in the Florida Department of Corrections. Prosecutors are quick to ask for jail sentences and judges don’t take to kindly to DWLSR offenses that occur after a court ordered drivers license suspension.
Law Makers Choose Cash over Incarceration
Under a new proposed law, (Florida House Bill 161), although “Habitual Traffic Offender Felony DWLSR” offenses Florida Statute Section 322.34(5) and those DWLSR offenses committed while operating a commercial vehicle Florida Statute Section 322.34(7) would remain criminal charges, all other suspended drivers license offenses would be decriminalized and converted into a simple moving traffic infraction.
But, here is the catch…Those persons cited under the proposed new law will be subject to the following ramifications:
- Regardless of ownership, the motor vehicle they were operating is towed and “immediately immobilized or impounded”;
- For a first offense a $100.00 civil penalty must be paid before the vehicle can be released from impoundment;
- For a second offense a $500.00 civil penalty must be paid before the vehicle can be released from impoundment;
- For a third or subsequent offense a $1,000.00 civil penalty must be paid before the vehicle can be released from impoundment;
- The legislature has mandated that private towing and impoundment companies would be limited to compensation for their services to the extent of only 20% of the collected civil penalties.
- If the civil penalty is not paid within 35 days of impoundment, Florida law would provide for the initiation of civil forfeiture proceedings that would force the sale of the vehicle. Florida House Bill 161 further provides, that 70% of the auction proceeds would then be deposited into the state’s “general revenue fund.”
The citizens of this state do not have to read between the lines of this legislation to understand the motivation by our lawmakers. The new law has nothing to do with a desire to remove the stigma of a criminal conviction and everything to do with raising revenue. Since 2005, over seven thousand drivers have checked into the Pinellas County Jail for driving on a suspended license. Even by conservative standards, holding your car hostage will translate into a new major source of revenue.
Caught Driving on a Suspended License?
Attorneys who can help!
Free consultation: (727) 578-0303
Our DUI website: www.duistpetersburglawyer.com
Our Criminal Defense website: www.defensehelp.com
Related Links:
Follow the Progress of Florida House Bill 161
Don’t Pay a Pinellas Traffic Ticket...Call us First
Learn How to Reinstate Your License After a Suspension
License Plate Cameras Used by Police to Detect Suspended Drivers
How to Reinstate After Failing to Pay a Traffic Ticket
How to get Your Pinellas Arrest Record Sealed or Expunged
Converting an Out of State License to Florida
Help for First Time St. Pete / Clearwater Offenders
Official Florida Drivers Handbook
Learn if Your License is Under Suspension
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