No Valid Driver's License (NVDL)
No Valid Driver's License is an extremely common criminal charge that can carry penalties such as fines and jail time. If you are facing a No Valid Driver's License charge, don't wait to get help. Contact Hunt Law today for a confidential consultation and start building your defense immediately.
What is No Valid Driver's License in Florida?
A person may not drive any motor vehicle upon a highway in this state unless such person has a valid driver license issued under this chapter.
Potential Jail Time
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No Valid Driver's License is a 2nd degree misdemeanor, punishable by up to 60 days in the county jail.
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Upon a 2nd or subsequent conviction, No Valid Driver's License is a 1st degree misdemeanor, punishable by up to 1 year in the county jail.
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Upon a 3rd or subsequent conviction, the court must order the person to serve a minimum mandatory period of 10 days in jail.
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A conviction for a first-offense No Valid Driver's License can result in a fine of up to $500.
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A conviction for a 2nd or subsequent No Valid Driver's License can result in a fine of up to $1,000.
What Are The Elements Of No Valid Drivers License?
To prove the crime of No Valid Driver License, the State must prove the following two elements beyond a reasonable doubt:
1. (Defendant) drove a motor vehicle upon a highway in this state.
2. At the time, [he] [she] did not have a valid driver license recognized by the Department of Highway Safety and Motor Vehicles of the State of Florida.
§ 322.01, Fla. Stat.
“Drive” means to operate or be in actual physical control of a motor vehicle in any place open to the general public for purposes of vehicular traffic.
§ 322.01, Fla. Stat. Some of these terms (such as “vehicle” and electric bicycle”) have their own statutory definitions, which should be given if necessary.
“Motor vehicle” means any self-propelled vehicle, including a motor vehicle combination, not operated upon rails or guideway, excluding vehicles moved solely by human power[, motorized wheelchairs, and electric bicycles].
“Valid driver license” means a driver license recognized by the Department of Highway Safety and Motor Vehicles that has not expired, been suspended, revoked, or canceled, or is not in “suspension or revocation equivalent status.”
§ 322.01, Fla. Stat.
“Highway” means the entire width between the boundary lines of every way or place if any part thereof is open to the use of the public for purposes of vehicular traffic.
§ 322.03, Fla. Stat.
“Expired” means the license was not renewed on or before the expiration date and more than 6 months have passed since the expiration date.
§ 322.01, Fla. Stat.
“Suspended” means the privilege to drive a motor vehicle has been temporarily withdrawn.
“Revoked” means the privilege to drive a motor vehicle has been terminated.
“Canceled” means that a license has been declared void and terminated.
“Suspension or revocation equivalent status” is a designation for a person who does not have a driver license or driving privilege but would qualify for suspension or revocation of his or her driver license or driving privilege if licensed.
The option of “on a vehicle” pertains to a vehicle such as a motorcycle.
“Actual physical control” of a motor vehicle means the defendant must be
physically in or on the vehicle and have the capability to operate the vehicle,
regardless of whether [he] [she] is actually operating the vehicle at the time.
Call Now For A Free Consultation
If you've been charged with No Valid Driver's License, it's important to act quickly. Even a seemingly minor traffic offense can carry serious consequences, including fines and jail time. You don't have to face the legal system alone. Call today for a confidential consultation and take the first step towards putting this charge behind you.
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