DWLS without knowledge constitutes a civil infraction while DWLS with knowledge constitutes a criminal offense.

DWLS Without Knowledge

Florida Statute 322.34(1) defines the offense of driving with license suspended without knowledge as a civil infraction.  If you are convicted of this moving violation, you will see a substantial increase in your insurance rates because the infraction will result in three points on your driving record.  We might seek a dismissal or request withholding of adjudication to prevent the conviction from counting toward “habitual traffic offender” status.

DWLS With Knowledge

If you are charged with driving with license suspended with knowledge, you can be convicted of a misdemeanor of the second degree under Florida Statute 322.34(2).  Even if adjudication is withheld, a conviction of DWLS with knowledge will still be considered as a major violation in terms of classification as a “habitual traffic offender”.   If you receive three civil or criminal infractions during a five year period, this results in your being deemed a habitual traffic offender, which can have very serious consequences in terms of your driving privileges.

Defense Strategies to Charges of Driving While License Suspended

If you retain our services prior to the first appearance in your case, we might seek a “clerk withhold”.  While we must review the reason that your driver’s license has been suspended to determine if you qualify for a “clerk withhold”, this can prevent a conviction on your record.  When we investigate the facts of major traffic violations, there might be other available defenses, such as:

  • The validity of the stop
  • Timeframe of prior serious convictions
  • Whether proper notice was provided
  • Proper computation of points on your driving record

Tampa driving on a suspended license attorney Marc A. Joseph works diligently to protect your driving privileges.  For a free consultation, we invite you to call us at (813) 234-6374, so we can start fighting for your future.