According to Section 322.03 of the Florida Statutes, it is illegal for an individual to drive a vehicle on Florida state highways in the absence of a valid driving license. Legal action can be taken against you under this statute if:
1. The vehicle was under your physical control
2. You were driving where people drive motor vehicles
3. The state had not issued a driver license to you that authorized you to drive a motor vehicle on streets, highways and public roads.
There are different proceedings and penalties for driving without a valid driver’s license and for driving with a suspended license. No proof of knowledge on part of the accused driver is required for bringing charges of driving without a license. The state only has to prove that you did not possess a valid driving license and that you were driving a motor vehicle.
For driving on a suspended license, proof of knowledge is required. In such cases, the state must prove that the defendant knew that their license was suspended.
If you are convicted for driving without a valid license in Florida, you will not be counted as a Habitual Traffic Offender. This conviction will make you guilty of a second-degree misdemeanor. The fine can reach $500 and the jail sentence can go up to 60 days. If you have no criminal record, you have a chance of not being sentenced to prison. You may also be allowed to benefit from the pre-trial diversion program in which you will have to obtain your license (if eligible), pay money, and abide by the law for a set time period. If you successfully complete the program, your charges may be dismissed and you can apply to clear your record.
For immediate assistance with your traffic case, please call/text attorney Carlos Gonzalez +1 (786) 358-6888