Traveling to Florida? - Be wary of the Florida Department of Motor Vehicles: How They Can (and Will) Take Away Your Privilege to Drive

    ORLANDO, FL, October 16, 2009 /24-7PressRelease/ -- Innocuous "tickets" in Florida add up to hit you with a five-year license revocation - and all it takes is doing the right thing three times.

Florida has many visitors each year. Some are here for business and others for vacation. Most of them drive while they're here. Under Florida law if you are caught driving while your license has been suspended or revoked you will get a ticket.
When most people get a ticket they do the responsible thing and pay it. This is okay unless the ticket they receive is for "driving while their license has been suspended or revoked." In Florida, being responsible and doing the right thing with that ticket can land them in jail.

There are two types of "driving while license suspended or revoked" tickets in Florida. There is a civil infraction (a typical ticket that you pay or dispute, similar to a speeding ticket) or a criminal infraction (it's a misdemeanor, you could be arrested on the spot, and requires a court appearance). The criminal ticket is going to enlighten the recipient whether he or she wants to be enlightened or not - the judge will make sure of it (if the night in jail doesn't ring any bells). The seemingly innocuous civil citation for "driving while your license has been suspended or revoked" is the real danger to your driving privilege.

First, let's look at how the Florida Department of Highway Safety and Motor Vehicles [DHSMV] notifies a Florida resident of a license suspension. Unless it is for not having automobile insurance the DHSMV will send a driver a letter to the address that is on that driver's license or vehicle registration telling him that at a future date his driving privilege will be suspended. They will also tell him the reason for the suspension. The letter is not to be forwarded in the event he has not updated his address on either document. If he does not have insurance his license is immediately suspended and notice is sent telling him of that fact. If you are not a resident of Florida you will not receive notice unless you fail to pay a Florida citation. If your address is old or goes to a residence that you don't currently live at you will not receive notice. Regardless of the method of notifying a driver - knowledge is presumed. This means even if you did not receive a letter the law has a presumption that you know what it said.

Focusing on out-of-state drivers, it is important that they do not head to Florida with a recent unpaid ticket floating around back home. Out-of-state drivers need to realize that if their privilege to drive has been suspended in their home state they do not have a privilege to drive in Florida. Getting caught here will result in a traffic citation and possibly jail. A quick check of the status of their driving privilege at home should be part of their travel plan to the Sunshine State.

Many people visit Florida for different reasons. All are typically very busy either with work or family. Many out-of-state visitors receive citations here. Some forget to pay a ticket. Failure to pay a citation will suspend your Florida driving privilege. This is the typical situation when people are cited for driving while their license has been suspended. Simply "fixing" the situation and paying the "driving while license suspended" ticket is not the solution. However, this is exactly what happens most of the time. If it happens three times within five years Florida will take away your driving privilege for five years. This suspension carries over to 44 other states through a reciprocal compact.

The sneaky part of this situation is that no one is told this - Most drivers don't know that this is how Florida law works and how it jails more people each day than any other offense in Florida - and no one knows how to correctly respond to such a citation so that their privilege to drive is protected. There is no required class to be taken after the first citation and no explanation forth coming from Law Enforcement, the DHSMV, the Clerk's Office, or the State Attorney's Office.

Here are some key things to remember to protect Florida visitors from this trap. First, make sure your driving privilege is not suspended in your home state. Second, never admit that you knew your license was suspended. This type of question by law enforcement asks for a potentially incriminating response and you have a right to remain silent in that situation. Finally, if you receive a citation for driving while your license was suspended always contact a criminal defense attorney in the county where you received it to discuss possible solutions. Most defense attorneys offer free consultations. If it is just a civil citation the legal fee should be minimal and the attorney can ensure that citation does not come back to haunt you. If it is criminal there are several defenses to these types of crimes that will protect you from ultimately receiving a five-year suspension (and possibly get the citation dismissed). Finally, if you have waited until you are a Habitual Traffic Offender, there may be ways to get your license back.

About Eric J Dirga

Eric J Dirga is a Central Florida Criminal Defense Attorney. He has defended people charged with driving while their license has been suspended and habitual traffic offender labeling. He continues to challenge the intelligence of legislators and prosecutors regarding traffic laws and their consequences. For more information regarding Driving While License Suspended and Habitual Traffic Offender status and charges please visit www.ejdirga.com. To speak with Eric J Dirga please call 407 841-5555, Office Orlando.

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