What Happens When Someone Is Driving On A Suspended License?

What Happens When Someone Is Pulled Over While Driving On A Suspended License?

There are a couple of different protocols and there are several different ways the police may handle this. It usually depends on the reason your license is suspended. The officer may be able to give you an NTA or a Notice to Appear in Court in lieu of an actual arrest.

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Different Types of License Suspensions In Florida

There are different types of license suspensions in Florida. There are different terms for everything but at the end of the day, the end-result is the same. Your license is suspended.

There is a driver’s license revocation, which is just termination of your privilege to drive, meaning just the license is revoked. There is a driver’s license suspension, called the withdrawal of driving privileges. There is also an administrative suspension, which is the actual department itself, the DMV withdrawing your abilities to drive, and there is also a cancellation which is just delaying a driving privilege.

There are different types but realistically, all comes down to your licenses being suspended. It means there are different ways of getting your license back depending if it’s revoked, suspended, or it’s cancelled.

D6 License Suspension

A D6 license suspension is basically the state of Florida suspending your privilege to drive. The most common reason for the D6 is usually just a failure to pay a traffic ticket.

Other reasons: if someone was convicted of a drug charge or if one failed to do the mandatory alcohol evaluation treatment for a DUI this results in their license being suspended. The only way they can get it back is by either paying that ticket, or doing the course they’re supposed to do.  Once done, the judge himself or herself will have to lift the D6 suspension.

FR Suspension Or Financial Responsibility Suspension

An FR suspension stands for Financial Responsibility suspension. The DMV basically states that driving is a privilege, so they promulgated many different ways for your license to be suspended.

In a Financial Responsibility suspension, if you don’t pay a traffic ticket, if you don’t pay a red light camera ticket, if you don’t pay your insurance, if you don’t pay the things that are required for you to be able to drive, the DMV will suspend your license for the financial responsibility and in order to get your license back, you’ll have to pay off everything you own in order for an individual to drive again.

If you need information on the Different Types Of License Suspensions And Their Consequences, call the law office of Blake & Dorsten P.A. for a free initial consultation at (727) 386-6956 and get the information and legal answers you’re seeking.

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Common Questions About Driving On A Suspended License In Florida

Defending A Driving On A Suspended License Charge In Florida

Pinellas County court has specialized courts that deals strictly with traffic citations, DUIs and license suspension, like driving while license suspended issues. Attorney Nicholas Dorsten and Rex Blake have more than 25 years of combined experience in prosecuting and defending these types of cases.

Consequences Of Traffic Violations, And License Suspensions In Florida

Habitual Traffic Offenders In Florida And Their Consequences

A habitual traffic offender is found under statute 322.264. That means that someone receives 3 or more specific traffic violations within a 5-year period.  These violations include serious cases such as vehicular manslaughter but they also include any combination of DUI, driving while license suspended, or even if they receive 15 traffic infractions in that period, such as speeding, running red light, no lights on, etc.

If someone picks up two driving while license suspended (DWLSR) within a 5-year period, they are a habitual offender.

Short And Long Term Effects Of Having A Traffic Violation On Your Record

When someone gets a traffic infraction or multiple traffic infractions and they don’t have an attorney deal with them, the short term effects are that their insurance is going to go up costing hundreds or possibly even thousands of extra dollars a year.

Long term effects if you start getting points on your license, you’re putting yourself at risk of a driver’s license suspension. Once your license is suspended, it is considered a criminal charge if you then knowingly drive.  License suspensions can be very problematic as you legally can’t drive to work, to visit friends or loved ones or even to maintain the necessities of life. So it is vital that your license is not suspended.  The criminal defense lawyers at Blake & Dorsten, P.A. may be able to save your license!

Consequences Of License Suspension For Commercial Drivers

The biggest consequence of a commercial driver’s license suspension is that your actual livelihood is at risk. It is crucial to have a lawyer representing them because one cannot avoid points on their commercial driver’s license (CDL). Any infraction or moving violation you receive as a commercial driver, you are not allowed to get a withhold.  The judge must give you points on your CDL which renders many drivers unemployable.  The bottom line is unless you have a lawyer fighting for you and getting the ticket dismissed, you will be receiving points on your CDL.

This is the Florida point system, and for commercial drivers who drive for a living, it’s a lot stricter and they are a lot more likely to suspend your CDL or Commercial Driver’s License.

If you are facing a Traffic Violation Or A License Suspension In Florida, call the law office of Blake & Dorsten P.A. for a free initial consultation at (727) 386-6956 and get the information and legal answers you’re seeking.

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Frequently Asked Questions About Traffic Violation Tickets In Florida

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How Long Does Someone Have To File For A Hearing If They’ve Received A Traffic Violation Ticket In Florida

If it’s a basic traffic violation, with very few exceptions, they usually have 30 days.  They may still be able to file for a hearing after that time but then they may need to pay an additional fine.

Technically if it’s over 180 days, they have to get an administrative order from a judge to actually reopen the case. They also want to have an attorney hired well within the 30 days to give them enough time to file and to start fighting for them.

What Happens If Somebody Decides To Do Nothing Or Even Forgets About The Ticket?

Unfortunately that happens quite often. Doing nothing or just paying the ticket is, by far, the worst thing someone can do. If they just pay the ticket without having an attorney or without doing a driving course to be eligible, they automatically get points on their license.

The fact why that is so serious is points on a license means the auto insurance rates go up, your auto insurance company will do that.  If you just ignore the ticket and don’t pay the fine, your license can actually be suspended.  This is called a D6 license suspension.

Therefore, it is very, very vital that you hire an attorney to help fight these traffic tickets.

How Does The Point System Work In Florida When It Comes To Someone’s Driving Record?

The point system for traffic tickets is much like the scoring system for a felony criminal offense. Florida works on a point system where different charges are worth a different variety of points. For instance, under 15 miles per hour speeding carries 2 points; for over 15, you can get 3 or more points. If you go past a school bus when it’s stopped with the stop sign in use, you can get 4 to 6 points.

Basically, if you receive a certain amount of points within a time period, your license is suspended. If someone gets 12 points in a year, their license is suspended for 30 days. If they get 18 points in 18 months, it’s suspended for 3 months, and finally if they get 24 points in 36 months or 3 years, their license is suspended for a full year.

This is for adults; for minors, or people under 18 years, there are a lot more severe penalties. For instance, if they get 6 points in a year, their license is suspended. That is serious because minors tend to not have the experience in driving, they may speed a little bit more and although it looks like basically 2 speeding tickets in a year, if they don’t have an attorney helping them out, their license would be suspended.

If you are facing a Traffic Violation In Florida, call the law office of Blake & Dorsten P.A. for a free initial consultation at (727) 286-6141 and get the information and legal answers you’re seeking.

 

Consequences Of Traffic Violations, And License Suspensions

www.blakedorstenlaw.com/consequences-of-traffic-violations-license-suspensions

A traffic violation in Florida can lead to harsh penalties and result in serious consequences. If you are facing a traffic violation or a license suspension in Florida, call (727) 286-6141 now for a FREE Initial Consultation.

 

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What Are Punishments For Drug Paraphernalia In Florida?

Drug paraphernalia is a first-degree misdemeanor, and it would technically include anything that was used or that could be used to inject an elicit substance. It could be anything like a pipe from a smoke shop, or even an apple the person had in their fridge if it had been used in a way that was meant to use drugs.

Examples of common objects that are used for paraphernalia include taking insulin needles from a diabetic and using it to inject illicit drugs, or a pipe from a smoke shop and using it to smoke marijuana.

A person can technically be charged with having paraphernalia if they had a spoon with some burn marks that had some heroin residue. The plastic casing of a pen that had been used in some drug activity or an apple that had been used to smoke marijuana can also be considered paraphernalia.

How Does The Prosecution Or Police Go About Proving Something Is Drug Related?

Anybody can have a spoon, but if the spoon had burn marks and heroin residue, then that may be the difference between the spoon and paraphernalia.

Anybody can have a plastic bag but if the plastic bag smelled like drugs, or it looked like it was recently used, it would go to a lab and if they were able to prove there were remnants or traces of drugs, then that plastic bag could be considered paraphernalia.

If somebody made a bong out of an apple and there was marijuana residue in that, then that would also be considered paraphernalia.

What Kind Of Testing Would Be Done?

It would not always have to go to the lab for testing, because obviously if there was a large amount of marijuana found in a car and there were empty plastic bags nearby and a few remnants of marijuana, then without even lab testing, the police officer maybe able to arrest the individual for paraphernalia using defense admissions, portable drug tests or a combination.

Note: This is a four-part series with part one and part two located by clicking on the links.

For more information on Drug Paraphernalia In Saint Petersburg, Florida, a free initial consultation is your next best step. Get the information and legal answers you’re seeking by calling (727) 286-6141 today. Continue reading

We have previously discussed the most commonly asked questions about expunging your criminal record in Florida. Part one and part two can be found by clicking on the links.  The final batch of questions may can be found below.

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What Are Some Issues Related To Expungement / Sealing?

What Would Be The Most Common Reason An Application Would Be Denied?

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What Is The Expungement Process? Is There A Waiting Period?

Are Certain Types Of Charges Easier To Expunge Or Have Sealed Or Is It A Standard Process?

It’s mostly a standard process to seal or expunge your record. There are the minor crimes that are eligible to be sealed or expunged. You certainly can’t be adjudicated and your case has to be over, meaning you can’t still be on probation from the offense. Your case must be completed or it must be finished. You must have a withhold of adjudication and it has to be an eligible crime. In case it is, it is recommended getting it sealed or expunged. That way you don’t have that information out there for the public to easily view.

798528-sealing-and-expungementFrequently Asked Questions About The Sealing or Expungement Process

What Is An Expungement?

Expungement is the way to get your arrest accusation or criminal record removed from public viewing. It’s dictated by a Florida statute 943.0585 and Florida statute 943.059 as well as Chapter 11C-7 of Florida Administrative Code. It gives you a one-time shot, one mistake that you had in your past to get eliminated or erased from your record.

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