Florida Traffic Ticket Defense

Driving with a Suspended License, Part I: Three Things You Need to Know to Avoid Becoming a Habitual Offender Under Florida's "Three Strikes" Law

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Posted by dpakula on Feb 24, 2005 - 04:30 PM

Under Florida law, if you have three convictions for driving with a suspended (or revoked) license within a five-year period, you are considered a "habitual offender" and your driving privileges will be revoked for five years. (You may be able to apply for a hardship license after one year). This is sometimes referred to as Florida's "three strikes" law. Amusing baseball analogies aside, the habitual offender law is no laughing matter for anyone who has received even a single traffic citation for driving with a suspended license. If you are the unlucky recipient of such a ticket, there are three things you need to know to avoid striking out.

First, you need to know that a "conviction" for purposes of the three strikes law may include an adjudication withheld, as well as an adjudication or finding of guilt. This means you should not be lulled into thinking you have not received a strike due to the fact that you were not adjudicated guilty of driving with a suspended license.

Second, you need to know that it doesn't necessarily matter whether you have been convicted of a non-criminal infraction, a misdemeanor or a felony charge of driving with a suspended or revoked license. You may incur a strike if you have received any of these types of citations.

Third, you need to know that Florida law provides for one guaranteed method of avoiding a strike by requesting a clerk's withheld adjudication. If your license was suspended for failing to pay a fine, failing to appear or failing to attend a driver improvement course, you may be eligible to resolve your citation for driving with a suspended license administratively through the clerk's office. If you are able to take advantage of this procedure, you will receive an adjudication withheld that does not count as a strike. There is one catch: you can only make this election once in any 12 month period and three times during your lifetime.

If you have received a citation for driving with a suspended license, it is of the utmost importance to know your rights. Please contact our office if you would like our assistance in avoiding habitual offender status under the three strikes law.


This article is from Florida Traffic Ticket Defense
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