Tampa Driving While License Suspended Attorney
If you have been charged with Driving While License Suspended (DWLS) in Florida, it is important to take the charge seriously. A conviction can result in additional driver's license suspensions, substantial fines, points on your driving record in certain cases, and even jail time, particularly for repeat offenses or drivers who are designated as Habitual Traffic Offenders. Whether your license was suspended because of unpaid traffic tickets, a failure to appear in court, a lapse in insurance, child support issues, or another reason, an experienced Tampa Driving While License Suspended Attorney can help protect your rights and explore every available defense. At Hunt Law, we carefully examine the circumstances surrounding your suspension, determine whether the State can prove the required elements of the offense, and work to minimize the impact on your license, your record, and your future. Call Hunt Law today at (813) 787-4849 for a free consultation and learn how an experienced Tampa DWLS attorney can help you get back on the road.
Thousands of Tampa Criminal Cases Handled
Former Hillsborough County Division Chief
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What Is Driving While License Suspended?
Florida law makes it a crime to drive a motor vehicle while your driver's license or driving privilege has been suspended, revoked, or canceled, provided the State can prove that you knew your license was no longer valid.
Unlike many traffic offenses, knowledge is an essential element of the crime. The prosecutor must prove beyond a reasonable doubt that you were aware your driving privilege had been suspended or revoked before you drove.
Many people are surprised to learn they have been charged with a criminal offense after being stopped for what they believed was a routine traffic violation. License suspensions commonly result from:
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Unpaid traffic tickets
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Failure to appear in court
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Failure to complete traffic school
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Failure to maintain required insurance
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Child support suspensions
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DUI-related suspensions
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Administrative actions by the Florida Department of Highway Safety and Motor Vehicles (DHSMV)
In many situations, drivers simply were not aware that a suspension had taken effect or believed their license had already been reinstated.
What Must the State Prove?
To obtain a conviction for Driving While License Suspended, prosecutors generally must prove:
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You operated a motor vehicle in Florida.
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Your driver's license or driving privilege had been suspended, revoked, or canceled.
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You knew your license had been suspended, revoked, or canceled at the time you were driving.
The third element—knowledge—is often one of the most heavily contested issues in DWLS cases. Depending on the circumstances, the State may attempt to prove knowledge through:
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Prior court appearances
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Certified DHSMV driving records
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Mailed suspension notices
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Prior DWLS convictions
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Admissions allegedly made during the traffic stop
Because the burden of proof rests entirely with the prosecution, an experienced defense attorney will carefully evaluate whether sufficient evidence actually exists to establish this element.
Penalties for Driving While License Suspended
The penalties for DWLS depend largely upon your prior criminal history and the reason your driver's license was suspended.
First Offense
A first conviction for knowingly driving while your license is suspended is generally charged as a second-degree misdemeanor, punishable by:
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Up to 60 days in the county jail
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Up to six months of probation
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A fine of up to $500
Second Offense
A second conviction becomes a first-degree misdemeanor, carrying penalties of:
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Up to one year in the county jail
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Up to one year of probation
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A fine of up to $1,000
Third or Subsequent Conviction
A third or later conviction generally remains a first-degree misdemeanor but carries a mandatory minimum sentence of 10 days in jail.
When Does DWLS Become a Felony?
Certain repeat DWLS offenses may be prosecuted as a third-degree felony.
Florida law allows felony prosecution when a person has previously been convicted of Driving While License Suspended and the underlying suspension resulted from certain serious offenses, including:
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Traffic offenses involving death or serious bodily injury
A third-degree felony is punishable by:
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Up to five years in Florida State Prison
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Up to five years of probation
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A fine of up to $5,000
Because felony convictions can permanently affect employment opportunities, professional licensing, firearm rights, and other aspects of your future, obtaining experienced legal representation is critical.
Common Defenses to DWLS Charges
Every Driving While License Suspended case is unique, and the appropriate defense depends upon the facts of the particular case. Possible defenses may include:
Lack of Knowledge
One of the most common defenses is that the State cannot prove you knew your driver's license had been suspended.
Invalid or Improper Suspension
Administrative errors occasionally occur within DHSMV records. If the underlying suspension was improper, the criminal charge may be subject to challenge.
Mistaken Identity
In some situations, law enforcement may incorrectly identify the driver or rely upon inaccurate driving records.
Illegal Traffic Stop
If police lacked lawful justification to stop your vehicle, evidence obtained during the stop may be subject to suppression.
Negotiated Resolution
Even where the evidence is strong, many cases can be resolved through negotiated reductions, particularly when the underlying license issue can be corrected promptly.
Can I Get My License Reinstated?
In many cases, yes.
The process depends on why your license was suspended. Reinstatement may involve:
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Paying outstanding traffic citations
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Resolving court obligations
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Providing proof of insurance
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Completing required driving courses
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Paying reinstatement fees
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Applying for a hardship license when eligible
Correcting the underlying suspension early in your case can sometimes improve your negotiating position and may help minimize the criminal consequences.
Why Choose Hunt Law?
A Driving While License Suspended charge may seem straightforward, but these cases often involve complicated issues concerning DHSMV records, prior convictions, notice requirements, and administrative procedures.
As a former Division Chief with the Hillsborough County Public Defender's Office, Attorney J. Ruffin Hunt has handled thousands of criminal and traffic cases in Tampa courts. Hunt Law provides aggressive, personalized representation focused on protecting your record, preserving your driving privileges whenever possible, and pursuing the best available outcome.
If you have been charged with Driving While License Suspended in Tampa or the surrounding area, contact Hunt Law today at (813) 787-4849 for a free consultation.
Trusted By Clients Across Tampa Bay
"I had an exceptionally good experience with Ruffin - super easy to reach and he delivered exactly what he promised.
From the first phone call, it felt like I was talking to a good friend I’ve known for years. HIGHLY RECOMMEND 💪💪💪"
Isumer - June 2026
"Great services! I worked with Mr. Hunt in a hit and run case, I was very pleased with the results. He did a Phenomenal job and was very straightforward. Very good on explaining the situation and very detailed. Had a great experience and they have great customer service. Would definitely recommend 1000%"
Gabriel - May 2026
"I’m very satisfied with the representation I received from Hunt Law, PLLC. Mr. Hunt communicated everything clearly and handled my case professionally. He successfully got my traffic misdemeanor charges dismissed and In such a silly situation that made me feel like a criminal, he made me feel human. I definitely recommend him!"
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Grant - March 2026
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Dillon - 2024
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What Are The Elements Of Driving While License Suspended?
To prove the crime of Driving [While [License] [Driving Privilege] was [Suspended] [Revoked] [Canceled]] [Under Suspension or Revocation Equivalent Status], the State must prove the following three elements beyond a reasonable doubt:
1. (Defendant) drove a motor vehicle upon a highway in this state.
Give as applicable.
2. At that time,
a. [his] [her] [license] [driving privilege] was [suspended] [revoked] [canceled].
b. [he] [she] was under suspension or revocation equivalent status.
Give as applicable.
3. At that time, (defendant) knew that
a. [his] [her] [license] [driving privilege] was [suspended] [revoked] [canceled].
b. [he] [she] was under suspension or revocation equivalent status.
Whether (defendant) knew of the [suspension] [revocation] [cancellation] [suspension or revocation equivalent status] is a question to be determined by you from the evidence.
Give as applicable. See § 322.251(1), (2), and § 322.34(2),(3),(4), Fla. Stat.
Proof that there exists an entry in the records of the Department of Highway Safety and Motor Vehicles showing that notice of the [suspension] [revocation] [cancellation] was given by personal delivery is proof that such notice was given.
Proof that there exists an entry in the records of the Department of Highway Safety and Motor Vehicles showing that notice of the [suspension] [revocation] [cancellation] was deposited in United States mail, first class, postage prepaid, addressed to the licensee at [his] [her] last known mailing address furnished to the department, is proof that such notice was sent.
If you find that (defendant) had been previously cited for driving [while license [suspended] [revoked] [canceled] and [his] [her] license had not been reinstated, you may conclude that (defendant) knew of the [suspension] [revocation] [cancellation].
If you find that (defendant) admitted to knowing of the [suspension]
[revocation] [cancellation] [suspension or revocation equivalent status], you may
conclude that (defendant) knew of the [suspension] [revocation] [cancellation]
[suspension or revocation equivalent status].
If you find that (defendant) had received a traffic citation that contained a
provision notifying (defendant) that [his] [her] license [had been suspended,
revoked, or canceled] [was under suspension or revocation equivalent status],
you may conclude that (defendant) knew of the [suspension] [revocation]
[cancellation] [suspension or revocation equivalent status].
Do not give if the suspension was for failure to pay a traffic fine or for a financial
responsibility violation. See § 322.34(2) and § 322.251(1), (2), Fla. Stat.
If you find that (defendant) had received a [judgment] [order] rendered by [a
court] [an adjudicatory body] which contained a provision notifying (defendant)
that [his] [her] license had been [suspended] [revoked] [canceled], you may
conclude that (defendant) knew of the [suspension] [revocation] [cancellation].
If you find that the records of the Department of Highway Safety and
Motor Vehicles include a [judgment] [order] rendered by [a court] [an adjudicatory
body] that contains a provision notifying (defendant) that [his] [her] license [had
been [suspended] [revoked] [canceled]] [was under suspension or revocation
equivalent status], you may conclude that (defendant) knew [his] [her] license was
[suspended] [revoked] [canceled] [under suspension or revocation equivalent
status]. You may accept or reject the inference depending upon the
circumstances of the crime and the facts presented at trial.
§ 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].
§ 322.01, Fla. Stat.; State v. Tucker, 761 So. 2d 1248 (Fla. 2d DCA 2000).
“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. [A privately owned parking lot, that is open to public use by
vehicles, is considered to be a highway.]
§ 322.251, Fla. Stat.
“Notice” means personal delivery or deposit in the United States mail,
first class, postage prepaid, addressed to the defendant at [his] [her] last known
address furnished to the Department of Highway Safety and Motor Vehicles.
Mailing by the department shall constitute notification.
§ 322.01, Fla. Stat.
“Suspension or revocation equivalent status” is a designation by the
Florida Department of Highway Safety and Motor Vehicles 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.
“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.
The option of “on a motor vehicle” pertains to motor vehicles such as motorcycles
and mopeds.
“Actual physical control” of a motor vehicle means the defendant must be
physically in [or on] the motor vehicle and have the capability to operate the
motor vehicle, regardless of whether [he] [she] is actually operating the motor
vehicle at the time.
See the Comment section below regarding recidivism issues that do not require
any finding other than the fact of a prior conviction.
Give if applicable in a bifurcated proceeding. § 322.34(2)(c), Fla. Stat.
A third or subsequent conviction is a first degree misdemeanor and requires a
minimum sentence of 10 days in jail. However, a third or subsequent conviction becomes
a third degree felony if the current alleged violation or the most recent prior violation of
§ 322.34(2), Fla. Stat., are related to and resulted from a violation of an enumerated
crime.
Now that you have found the defendant guilty of Driving [While [License]
[Driving Privilege] was [Suspended] [Revoked] [Canceled]] [Under Suspension or
Revocation Equivalent Status], you must make two further findings.
First, you must determine whether the State proved beyond a reasonable
doubt that the defendant has two prior convictions for Driving [While [License]
[Driving Privilege] was [Suspended] [Revoked] [Canceled]] [Under Suspension or
Revocation Equivalent Status]. A “conviction” means a determination of guilt
that was the result of a plea or a trial, regardless of whether adjudication was
withheld or a plea of nolo contendere was entered.
Second, you must determine whether the State proved beyond a
reasonable doubt that the current case or the most recent conviction are related
to Driving [While [License] [Driving Privilege] was [Suspended] [Revoked]
[Canceled]] [Under Suspension or Revocation Equivalent Status] resulting from a
violation of [Driving Under the Influence] [Refusal to Submit to a Urine, Breath-
Alcohol, or Blood Alcohol test] [a traffic crime that caused death or serious
bodily injury] [Fleeing or Eluding].
J. Ruffin Hunt
Managing Member, Hunt Law, PLLC.
Attorney J. Ruffin Hunt is a Tampa criminal defense attorney and founder of Hunt Law, a firm focused exclusively on criminal and DUI defense throughout the Tampa Bay area. Born and raised in Tampa, Mr. Hunt earned his degree from the University of Florida before attending Stetson University College of Law. He began his legal career at the Hillsborough County Public Defender’s Office, where he gained extensive courtroom and trial experience handling misdemeanor, felony, and DUI cases. Over the course of his career, he rose to leadership positions within the office, serving as a Division Chief in multiple divisions.
Mr. Hunt has dedicated his entire legal career to criminal defense and understands the serious consequences that criminal charges can carry. He represents clients facing a wide range of charges, including DUI, drug offenses, sex crimes, domestic violence allegations, theft crimes, violent offenses, probation violations, and other serious criminal matters. As a former board member of the Hillsborough County Association of Criminal Defense Lawyers, Mr. Hunt remains committed to protecting the constitutional rights of individuals accused of crimes and providing aggressive, strategic representation for clients throughout Tampa Bay.
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Hunt Law serves clients charged with criminal offenses in Tampa, Brandon, Plant City, Riverview, Ruskin, Lutz, Valrico, Wimauma, Temple Terrace, Seffner, Dover, Thonotosassa, Gibsonton, Sun City Center, Town 'n' Country, Carrollwood, Citrus Park, Westchase, Bloomingdale, University, Progress Village, Lake Magdalene, Egypt Lake-Leto, Greater Northdale, Palm River-Clair Mel, East Lake-Orient Park, Mango, Keystone, Cheval, Balm, Pebble Creek, Apollo Beach, Lithia, Fish Hawk.
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Hunt Law has deep roots in Hillsborough County and remains actively involved in the Tampa Bay community through participation in several respected local and professional organizations. The firm is proud to be associated with the Tampa Bay Chamber of Commerce, the South Tampa Chamber of Commerce, and the Ybor City Chamber of Commerce, organizations that play an important role in supporting local businesses, economic development, and community engagement throughout the region. As a Tampa native, attorney J. Ruffin Hunt understands the unique needs of individuals and families in Hillsborough County and is committed to serving the community both inside and outside the courtroom. These local affiliations reflect Hunt Law's ongoing commitment to professionalism, community involvement, and providing trusted criminal defense representation to clients throughout all of Hillsborough County.
Important Hillsborough County Criminal Justice Locations
If you've been arrested in Hillsborough County, your case will likely involve several different locations. Understanding where your case begins and where it will proceed can help reduce confusion during an already stressful time.
Frequently Asked Questions (FAQ)
Q: What happens after an arrest in Tampa?
A: After an arrest in Tampa, you will typically be transported to Orient Road Jail for booking, where law enforcement will fingerprint you, take your photograph, record your personal information, and formally process the charges against you. Within 24 hours of your arrest, you must appear before a judge at First Appearance, where the court will determine whether probable cause existed for your arrest, decide whether to set bond, and impose any conditions of release. During this time, it is important to exercise your right to remain silent, avoid discussing your case with anyone other than your attorney, and refrain from consenting to searches if asked by law enforcement. As your case moves forward, early involvement by an experienced Tampa criminal defense attorney can help protect your constitutional rights, advocate for a favorable bond, preserve important evidence, and begin developing a defense strategy from the outset.
Q: What is a misdemeanor in Florida?
A: A misdemeanor in Florida is a criminal offense that is less serious than a felony but can still result in significant penalties, including jail time, probation, fines, and a permanent criminal record. A misdemeanor is an offense that can result in a term of imprisonment that doesn't exceed 1 year. Florida classifies misdemeanors as either second-degree misdemeanors, which are generally punishable by up to 60 days in jail and a $500 fine, or first-degree misdemeanors, which can carry up to one year in jail and a $1,000 fine. Common misdemeanor offenses include battery, petit theft, possession of drug paraphernalia, resisting an officer without violence, and disorderly conduct. Although misdemeanors carry lower maximum penalties than felonies, a conviction can still affect employment, professional licensing, housing opportunities, and other aspects of your future. Depending on the facts of the case, it may be possible to obtain a dismissal, diversion, reduced charges, or another favorable resolution, making it important to speak with an experienced Florida criminal defense attorney as early as possible.
Q: What is a felony in Florida?
A: A felony in Florida is a criminal offense punishable by more than one year in state prison and is generally considered more serious than a misdemeanor. Florida classifies felonies into five categories: third-degree, second-degree, first-degree, life felonies, and capital felonies, with penalties ranging from up to five years in prison for many third-degree felonies to life imprisonment for the most serious offenses. Examples of felony crimes include drug trafficking, robbery, aggravated battery, burglary, kidnapping, grand theft, and certain sex offenses. In addition to prison time, a felony conviction can result in substantial fines, probation, the loss of firearm rights, employment and professional licensing consequences, and a permanent criminal record. Depending on the facts of the case, however, felony charges may be reduced, dismissed, resolved through diversion, or successfully challenged at trial, making it important to consult an experienced Florida criminal defense attorney as early as possible.
Q: What happens if I miss court in Tampa?
A: Missing a court date in Tampa can have serious consequences, including the issuance of a bench warrant for your arrest, revocation of your bond, or stricter release conditions. Whether a warrant is issued often depends on the type of hearing you missed, the underlying criminal charge, whether you are represented by an attorney, and the reason for your absence. While emergencies such as hospitalization, transportation problems, or scheduling errors may help explain a missed appearance, it is important to act quickly before the situation becomes more difficult to resolve. In many cases, an experienced Tampa criminal defense attorney can determine whether a warrant has been issued, file a motion to quash or recall the warrant, explain mitigating circumstances to the court, and work to minimize additional penalties. Ignoring a missed court date typically makes matters worse, so seeking legal guidance as soon as possible is often the best course of action.
Q: What happens at first appearance court in Hillsborough County?
A: First appearance is the initial court hearing that takes place within 24 hours of an arrest in Hillsborough County, where a judge determines whether probable cause exists for the arrest, advises the defendant of the charges, and decides whether to set bond and impose any conditions of release. In Hillsborough County, first appearance hearings are generally held in Courtroom 17 at 1:30 p.m. on weekdays and 10:00 a.m. on weekends and holidays, with most defendants appearing by video from the jail. During the hearing, the judge considers factors such as the nature of the offense, the defendant's criminal history, risk of flight, and danger to the community when making bond decisions. While some defendants (such as those arrested for violating probation or on certain warrants) may not be eligible for bond at first appearance, an experienced Tampa criminal defense attorney can advocate for lower bond, release on recognizance, and favorable release conditions, making early legal representation an important part of protecting your rights.
Q: What happens at an arraignment hearing in Hillsborough County?
A: An arraignment is a procedural court hearing where the judge formally advises you of the criminal charges filed against you and asks you to enter a plea of guilty, not guilty, or no contest. Unlike a trial, no witnesses testify, no evidence is presented, and the judge does not determine guilt or innocence. In most cases, defendants plead not guilty, allowing the case to proceed to the discovery phase, pretrial hearings, negotiations, and, if necessary, trial. If you are represented by an attorney, your appearance at arraignment can often be waived by filing a written plea of not guilty and waiver of appearance with the court, although this depends on the specific case and court policies. Because important strategic decisions begin early in a criminal case, hiring an experienced Tampa criminal defense attorney before arraignment can help protect your rights, evaluate potential defenses, and position your case for the best possible outcome.
Q: Will my license be suspended if I'm arrested for DUI in Florida?
A: In most cases, yes. If you are arrested for DUI in Florida, your driver's license may be administratively suspended by the Florida Department of Highway Safety and Motor Vehicles (DHSMV), even before your criminal case is resolved. After the arrest, the officer will typically confiscate your driver's license and issue a 10-day temporary driving permit if you are eligible. The length of the suspension depends on the circumstances: a first-time unlawful breath or blood alcohol level of 0.08 or higher generally results in a six-month suspension, while refusing to submit to a lawful breath, blood, or urine test can result in a 12-month suspension for a first refusal and an 18-month suspension for subsequent refusals. You have only 10 days from the date of your arrest to request a DHSMV review hearing to challenge the suspension, making it critical to speak with an experienced Florida DUI defense attorney as soon as possible to protect your driving privileges.
Q: What happens if I refuse a breath test in Florida?
A: If you refuse a breath test after a lawful DUI arrest in Florida, you may face serious administrative and criminal consequences. Under Florida's implied consent law, refusing a breath test can result in a one-year driver's license suspension for a first refusal and an 18-month suspension for a second or subsequent refusal. Refusing to provide a lawful breath sample is also a crime in and of itself in Florida, meaning you'll likely face an additional criminal charge. Additionally, prosecutors are generally allowed to tell the jury that you refused the test and may argue that the refusal demonstrates a consciousness of guilt. However, refusing a breath test does not automatically result in a DUI conviction, as the State must still prove impairment through other evidence such as officer observations, field sobriety exercises, body camera footage, witness testimony, and driving behavior. Because potential defenses may exist, including challenges to the legality of the stop, arrest, or implied consent warnings, it is important to consult an experienced Florida DUI defense attorney as soon as possible.
Q: How do criminal traffic charges affect a Commercial Driver's License (CDL) in Florida?
A: Criminal traffic charges can have serious consequences for Florida CDL holders, often extending far beyond the penalties imposed in criminal court. Certain convictions (including DUI, reckless driving, leaving the scene of a crash, refusing a lawful alcohol test, and other "serious traffic violations") can result in temporary or permanent disqualification of your commercial driving privileges, even if the offense occurred while driving your personal vehicle. Two serious traffic violation convictions within three years can lead to a 60-day CDL disqualification, while three convictions can result in a 120-day disqualification. More serious offenses, such as DUI or leaving the scene, may trigger a one-year disqualification, and some repeat or felony-related offenses can permanently revoke your CDL. Because many of these penalties are triggered by a conviction rather than an arrest, it is important to consult an experienced Florida criminal traffic attorney before entering a plea to explore defenses and protect both your commercial driver's license and your livelihood.
Q: How do I seal or expunge criminal records in Florida?
A: Florida law allows certain individuals to limit public access to their criminal records through either record sealing or record expungement, but eligibility depends on the outcome of the case and your prior criminal history. Generally, you may qualify for expungement if your case was dismissed, nolle prossed, resulted in a not guilty verdict, or was resolved through a qualifying diversion program, and you have never been adjudicated guilty of a criminal offense. You may qualify for "sealing" of records if you received a withhold of adjudication on the underlying offense. The process typically involves obtaining a Certificate of Eligibility from the Florida Department of Law Enforcement (FDLE), then filing a petition with the court requesting that your record be sealed or expunged. If granted, the court will order the appropriate agencies to seal or destroy the record in accordance with Florida law. Because the eligibility rules are strict and the process involves detailed paperwork and court procedures, consulting an experienced Florida criminal defense attorney can help determine whether you qualify and maximize your chances of successfully clearing your record.
Q: What is Hillsborough County's RIDR DUI Diversion Program?
A: Hillsborough County's Reducing Impaired Driving Recidivism (RIDR) Program is a diversion-style program available to certain first-time, non-aggravated DUI offenders that may allow participants to avoid a DUI conviction. If accepted and all pre-plea requirements are successfully completed (such as DUI School, a MADD Victim Impact Panel, community service, and any required alcohol or drug monitoring) the State Attorney's Office may agree to reduce the DUI charge to reckless driving with alcohol as a significant factor and withhold adjudication. Eligibility is limited and generally excludes cases involving aggravating factors such as crashes, minors in the vehicle, very high breath alcohol levels, prior DUI-related offenses, or certain criminal histories. Because participation requires waiving speedy trial rights and completing significant conditions before receiving the plea offer, it is important to consult an experienced Tampa DUI defense attorney to determine whether RIDR is the best strategy or whether challenging the DUI charge may produce a more favorable outcome.
Q: Should I speak to detectives or police during a criminal investigation in Florida?
A: In most situations, no. If detectives or law enforcement officers want to question you during a criminal investigation, it is generally in your best interest to speak with an experienced criminal defense attorney before answering any questions. Even if you believe you are innocent or simply want to "tell your side of the story," your statements can be misunderstood, taken out of context, or used against you later in court. Under the Fifth Amendment, you have the right to remain silent and the right to have an attorney present during questioning, and invoking those rights cannot be used as evidence of guilt. Whether police contact you about a DUI, domestic violence, theft, drug offense, sex crime, or another investigation, you should politely decline to answer questions by stating that you wish to remain silent and speak with an attorney. Early legal representation can protect your constitutional rights, manage communications with law enforcement, and help avoid mistakes that could significantly impact your case.
Q: Can criminal charges in Florida be dropped?
A: Yes. Criminal charges in Florida can be dropped in several different ways, depending on the facts and legal issues involved. The most common occurs when the State Attorney's Office files a nolle prosequi, formally dismissing the prosecution because of insufficient evidence, witness credibility problems, constitutional issues, or other weaknesses in the case. Charges may also be dismissed after a defendant successfully completes a pretrial diversion program, such as those available for certain first-time offenders. In other situations, a judge may dismiss the case by granting a defense motion, such as a motion based on Florida's Stand Your Ground immunity law or a motion to dismiss under Florida Rule of Criminal Procedure 3.190(c)(4) when the undisputed facts do not establish a crime. Constitutional violations, lack of probable cause, speedy trial issues, and other procedural defects may also lead to dismissal in appropriate cases. Because every case is different, an experienced Florida criminal defense attorney can evaluate the evidence, identify potential defenses, and pursue every available opportunity to have the charges reduced or dismissed.
Q: What is a Habitual Traffic Offender (HTO) in Florida?
A: A Habitual Traffic Offender (HTO) is a driver who has accumulated a certain number of qualifying traffic convictions within a five-year period under Florida law. A person may be designated as an HTO by receiving three qualifying convictions for serious traffic offenses—such as DUI, driving while license suspended or revoked, leaving the scene of certain crashes, or other specified vehicle-related offenses—or by accumulating 15 point-bearing moving violation convictions within five years. Once designated, the Florida Department of Highway Safety and Motor Vehicles (DHSMV) generally revokes the driver's license for five years. Driving after being declared a Habitual Traffic Offender is a third-degree felony punishable by up to five years in prison. Because HTO status can sometimes be challenged based on errors in a driver's record or other legal issues, and because early intervention may help prevent an HTO designation altogether, anyone facing HTO-related charges should consult an experienced Florida criminal traffic defense attorney as soon as possible.