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FL Traffic Ticket Defense

Driving with a Suspended License, Part III: To Be or Not to Be a Habitual Offender
Posted by: dpakula on Sunday, July 31, 2005 - 08:02 PM
Info The law regarding habitual offender status for driving with a suspended license can be confusing. Most of us have heard the expression "three strikes and you're out" as applied to this area of law. In other words, three driving with suspended license convictions will lead to a five-year revocation of driving privileges. But it's not that simple. Seemingly minor distinctions can make a big difference. Technical distinctions between a "with knowledge" versus a "without knowledge" offense, or between an "adjudication" versus an "adjudication withheld" are significant. What's up with all of that? In this article, I will try to explain how it works.

First, you need to understand that there are two different driving with suspended license (DWLS) offenses under Florida law. DWLS without knowledge is a non-criminal traffic infraction. DWLS with knowledge is a criminal misdemeanor.

Next, you need to understand the difference between an adjudication and an adjudication withheld. An adjudication is a conviction -- a determination of guilt -- and generally results in points being assessed against your license. An adjudication withheld is not a conviction, does not constitute a finding of guilt, and does not result in points.

How, then, do these distinctions come into play with regard to DWLS offenses and habitual offender status? If you have been charged with the non-criminal infraction of DWLS without knowledge, a conviction counts as a strike, but an adjudication withheld does not count as a strike. If you have been charged with the criminal offense of DWLS with knowledge, either an adjudication or an adjudication withheld counts as a strike.

For example, if you have two prior adjudications withheld for DWLS with knowledge, a third adjudication withheld for DWLS without knowledge will not count as strike three and you will not be habitualized. However, a third adjudication withheld for DWLS with knowledge will habitualize you and will result in a revocation of your driving privileges.

Hopefully, this article has cleared up some of the confusion surrounding this area of the law. This article reflects the Florida Department of Motor Vehicle's current interpretation of the law, and not necessarily the legal interpretation that would be adopted by a Florida court. Results in individual cases may vary. If you have any questions regarding your individual situation, please contact my office for a consultation.
 
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Florida Traffic Ticket Defense

Florida Traffic Ticket Defense :: Attorney, Lawyer :: Defending Florida traffic tickets in Broward, Dade and Palm Beach County.

David B. Pakula, P.A.
Attorney At Law

1806 N. Flamingo Road, Suite 410
Pembroke Pines, Florida 33028
(954) 217-5123
dpakula@infionline.net
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Lawyer Serving Fort Lauderdale, Weston, Aventura, Pembroke Pines, Plantation, Hollywood, Hallandale, Aventura, Miami, Boca Raton, Delray Beach, Boynton Beach, Palm Beach, and Southeastern Florida (Broward County, Palm Beach County and Dade County) since 1987.

Mr. Pakula served as a Broward County Traffic Court Magistrate from 2002 to 2004. He is board certified by The Florida Bar in appellate practice and has handled trial and appellate litigation in state and federal courts since 1987. The law firm of David B. Pakula, P.A. is rated AV by Martindale-Hubbell. Mr. Pakula is a member of the U.S. District Courts for the Southern and Northern Districts of Florida, the U.S. Courts of Appeals for the 7th Circuit, the 11th Circuit and the D.C. Circuit, and The United States Supreme Court.

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