According to the Florida Statutes s. 322.03, a conviction for Driving Without a Valid Driver’s License is a criminal charge that is based on a person operating a motor vehicle on a public highway without being licensed by an appropriate governmental authority, as stated under the Florida Statutes s. 322.03(1): it is unlawful for a person to drive a motor vehicle on a Florida State Highway without a valid driver’s license. Under this statute: 1) you must have physically controlled the vehicle, 2) you must have been driving in a place which allows the public to drive motorized vehicle, and 3) you had no state-issued driver’s license which authorized you to drive a motorized vehicle on a public road, highway or street.
Being charged of driving with a suspended license and driving without a valid driver’s license differ from each other as far as the elements of the offense, as well as the penalties associated with the offense. There is no element of proof of knowledge in the charge of driving without a valid driver’s license in the state of Florida – the state must only show you were driving and you had no valid driver’s license. There is an element of proof of the knowledge if you are charged with driving on a suspended license, that is the state must prove you knew your license was suspended. A conviction for driving without a valid license does not count toward classifying you as a Habitual Traffic Offender, but a conviction for driving with a suspended license does.
In Florida, ‘No Valid Driver’s License’ is classified as a second-degree misdemeanor and that could result in a fine as large as $500 and up to 60 days in jail, although if you have no prior criminal record, it is doubtful you will be sentenced to jail. The principal consequence of a No Valid License is that it will create a permanent criminal record. You also could be eligible for a pre-trial diversion program that upon successful completion (paying money, getting your license if eligible and staying out of trouble for a period of time) the charges would be dismissed and you could thereafter seek to have the charges taken off your record.
Defenses to the charge
There are many defenses available to contest a charge of No Valid Driver’s License in Florida. Common examples include:
- Unlawful traffic stop;
- Unlawful detention subsequent to the stop;
- Defendant has a valid license;
- Non-resident defendant had a valid foreign driver’s license in his or her possession at the time of the traffic stop;
- Defendant not on a ‘street’, ‘highway’, or other place open to the general public;
- Lack of evidence that the defendant did not have a license issued by another governmental authority.
Via: The Law Place / Hussein and Webber