Third Offense Driving on a Suspended License: Am I Facing Jail Time?
Driving with a suspended license is a serious criminal offense in Florida. As a result, the State of Florida has recently toughened its law regarding driving on a suspended license.
If convicted a third time of driving on a suspended license in Florida, you must serve a minimum of 10 days in jail. In some cases, a third conviction of driving on a suspended license can be a felony.
If you have been arrested for driving on a suspended license for the third time, we recommend discussing your case with a Florida criminal defense and traffic lawyer today. Criminal defense lawyers can potentially reduce or eliminate criminal charges.
Contact our traffic and criminal attorneys today to discuss the specifics of your case and potential defenses.
What Are My Potential Penalties?
You will face at least 10 days in jail if convicted of a third offense of driving on a suspended license. However, a third offense may result in a maximum penalty of five years in prison and a $5,000 fine if it is charged as a felony.
Is My Third Offense a Felony?
A third conviction for driving on a suspended license may be punishable as a felony. Whether your third offense is a felony depends on the reason for your license suspension. Your charge for driving with a suspended license is a felony if your license was suspended for any of the following reasons:
- Driving under the influence (DUI);
- Refusing to submit to a urine, breath-alcohol, or blood-alcohol test;
- Committing a traffic offense causing death or serious bodily injury; or
- Fleeing or eluding the police.
It is important to understand that a felony charge carries with it the maximum potential punishment for driving with a suspended license. You should contact a Florida criminal defense and traffic attorney today to increase the likelihood of reducing your potential punishment.
Could I Be Classified as a Habitual Traffic Offender?
The Florida Department of Highway Safety and Motor Vehicles will consider you a habitual traffic offender if your two prior offenses occurred within five years of the third offense.
Being considered a habitual traffic offender in Florida means that your license will be revoked for a period of five years. Driving a vehicle in Florida while considered a habitual traffic offender is punishable as a felony.
If all three of your suspended license convictions occurred within five years, talking to an attorney is the best way to ensure your rights are protected.
How Can a Florida Criminal Defense and Traffic Lawyer Help Me Reduce My Potential Penalty?
A Florida criminal defense and traffic lawyer may be able to help you reduce your potential penalty, including jail time, by arguing a number of legal defenses on your behalf. Some defenses that a lawyer might argue include:
- The traffic stop was not valid under the Fourth Amendment to the United States Constitution;
- You were not driving the vehicle;
- You didn’t know that the state had suspended your license;
- The state had reinstated your license;
- You reasonably believed that the state had reinstated your license; and
- Your prior suspended license convictions had been vacated.
You should contact a Florida criminal defense and traffic attorney today to find out which defenses are best suited for your case.
Why Should I Contact Skubiak & Rivas, P.A.?
If a Florida law enforcement officer arrested you for driving on a suspended license for the third time, you need to contact an experienced criminal defense and traffic lawyer.
The attorneys at Skubiak & Rivas, P.A., have over 65 years of experience handling tough criminal defense and traffic cases in the Orlando, FL, area. Our combined knowledge of both criminal and traffic law gives us the tools to successfully fight your suspended license charge. Call us today to schedule your free consultation.