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What Happens If You’re Caught Driving Without a License in Florida?

Driving in Florida without a valid driver’s license is a serious offense that can have significant legal and financial consequences. Whether your license is expired, suspended, revoked, or if you never obtained one, Florida law imposes penalties that can escalate depending on the situation. If you’ve been caught driving without a license in Miami or anywhere in Florida, it’s essential to know your rights and the potential outcomes.

At the Law Office of Adriana P. Santiesteban, Esq., we specialize in helping drivers handle traffic violations and understand the legal steps required to minimize penalties and protect their driving privileges. In this article, we’ll break down what happens if you’re caught driving without a license and what you can do to protect yourself.

Types of Unlicensed Driving Offenses in Florida

In Florida, driving without a license can mean different things, and the penalties vary depending on the nature of the violation. Here are the most common scenarios:

  • Expired License: Driving with a license that is no longer valid.
  • Suspended or Revoked License: Operating a vehicle after your driving privileges have been taken away.
  • Never Issued a License: Driving without ever obtaining a valid driver’s license.
  • Out-of-State License Issues: Using an out-of-state or foreign license that isn’t valid in Florida.

Will My Car Be Impounded?

If you’re caught driving without a valid license, law enforcement may impound your vehicle. This is more likely if your license was suspended or revoked for a serious reason, such as DUI or reckless driving. Retrieving an impounded vehicle involves paying storage fees and presenting a valid driver’s license, which can be challenging if your license is still suspended.

Why You Should Act Quickly:
Vehicle impoundment fees can accumulate quickly, so it’s essential to resolve any license or legal issues promptly to avoid additional financial burdens.

Attorney Adriana P. Santiesteban - Miami Traffic Citations Lawyer - impound your vehicle

Penalties for Driving Without a License in Florida

Florida law (Statute 322.03) makes it illegal to operate a motor vehicle without a valid license. The severity of the penalties depends on the reason for your unlicensed driving.

First-Time Offenders

  • Infraction: If this is your first offense and you simply forgot to renew your license, the offense is typically treated as a non-criminal traffic infraction.
  • Penalty: Fines ranging from $60 to $500 and potential court fees.
  • Additional Consequences: The traffic stop and citation may remain on your driving record.
Attorney Adriana P. Santiesteban - Miami Traffic Citations Lawyer - drive with a suspended or revoked license

Never Having a Valid License

  • Misdemeanor: Driving without ever obtaining a valid license is a criminal offense under Florida law.
  • Penalties: Up to 60 days in jail, $500 in fines, and possible vehicle impoundment.

Driving with a Suspended or Revoked License

  • Misdemeanor Offense: If you knowingly drive with a suspended or revoked license, the offense can be charged as a second-degree misdemeanor.
  • Penalties: Up to 60 days in jail, $500 in fines, and probation.
  • Subsequent Offenses: Multiple offenses may lead to a first-degree misdemeanor, with penalties of up to 1 year in jail and $1,000 in fines.

How Driving Without a License Can Affect Your Record

Even minor traffic violations can affect your driving record. If you receive a citation for driving without a license, it can add points to your license (if reinstated later) and may result in increased insurance premiums. In more serious cases, a criminal charge for driving on a suspended license will appear on your criminal record, which could impact your future employment and ability to rent a car.

Defenses to Driving Without a License

If you’ve been charged with driving without a license in Florida, you may feel like there’s no way out—but you do have options. Depending on the circumstances of your case, a skilled attorney may be able to help reduce the penalties or have the case dismissed altogether. Here are some common defenses:

License Renewal or Mistake:

If your license expired recently and you renewed it promptly after being cited, the court may reduce or dismiss your fine.

Lack of Knowledge:

If you didn’t receive notification that your license was suspended, an attorney can argue that you were not knowingly driving illegally.

Emergencies:

In some cases, driving without a license due to a medical or personal emergency may be considered a valid defense.

How Adriana P. Santiesteban Can Help:
With experience handling traffic violations and suspended license cases in Miami, attorney Adriana P. Santiesteban can help you present the best possible defense to minimize fines, avoid jail time, or keep the offense off your record.

What Should You Do If You’re Caught Driving Without a License?

If you’re stopped and cited for driving without a license, it’s essential to remain calm and take the right steps to protect yourself legally. Here’s what to do:

  1. Remain Polite: Cooperate with the officer, and do not argue or admit fault on the spot.
  2. Ask for Documentation: Request a copy of the citation or police report for your records.
  3. Don’t Ignore the Citation: Failing to appear in court or pay fines can result in additional penalties, including an arrest warrant.
  4. Contact a Lawyer: Consult with a traffic attorney immediately to discuss your options and potential defenses.
Attorney Adriana P. Santiesteban - Miami Traffic Citations Lawyer - What Should You Do If You’re Caught Driving Without a License

How Adriana P. Santiesteban, Esq. Can Assist You?

If you’ve been caught driving without a license in Florida, the consequences can be serious, but you don’t have to face them alone. Attorney Adriana P. Santiesteban provides comprehensive legal assistance for individuals dealing with traffic violations in Miami and across Florida. Here’s how she can help:

Free Consultation:

We offer a free case evaluation to discuss your situation and explore your legal options.

Representation in Court:

If your case escalates to a misdemeanor charge, we’ll represent you in court and fight to reduce or dismiss the charges.

Negotiating with Prosecutors:

We will work to minimize fines, avoid jail time, and help you regain your driving privileges.

Expunging Your Record:

If eligible, we can assist with the process of sealing or expunging the offense from your record.

Driving without a license in Florida can lead to fines, jail time, and even a criminal record, especially if you have prior offenses. The legal process can be complicated, but you don’t have to go through it alone. If you’ve been cited or arrested for driving without a license, contact Adriana P. Santiesteban, Esq. today for a free consultation. With her experience in traffic law, she’ll guide you through the legal process, protect your rights, and work to minimize the consequences.

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About Adriana P. Santiesteban

Adriana P. Santiesteban, Esq., is an experienced personal injury attorney in Miami, with over 15 years of experience in the legal field. She earned a Bachelor’s Degree in Business and Organizational Management, from Carlos Albizu University, in Miami, FL graduating Cum Laude in 2003, while working full time. She later attended St. Thomas University School of Law in Miami, FL, where she earned a Juris Doctorate in Law in 2008. She is the past president and current treasurer of COLBAR, Colombian American Bar Association. She is also Adjunct Professor at Benjamin L. Crump Center at St. Thomas University

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