According to Florida Statute 322.03, “a person may not drive any motor vehicle upon a highway in this state unless such person has a valid driver license.” If you are caught driving with a license that has been expired for less than six months you will likely have to pay a small fine. But driving with a license that has been expired for more than six months in Florida is a criminal violation (Florida Statute 322.03.5). It’s a second-degree misdemeanor that is punishable by up to 60 days in jail, a $500 fine, and six months probation.
Any criminal charge is a serious matter. Besides possible jail time and crushing fines and fees, there is the potential for a criminal record. In traffic violations such as driving with an expired license, penalties may include points on your driving record. Your car insurance rate may be increased as well. If you have been arrested and are facing criminal charges, call
(407) 349-4211 for a free consultation with the Orlando criminal defense attorneys at the Rivas Law Firm.
Does Florida have a Grace Period for Expired Drivers License?
You may drive with an expired license for up to six months risking only a small fine. According to Florida Statute 322.065, the offense is a non-criminal “infraction,” and the fine is $30. If you let your driver’s license expire for more than a year, a new law requires you to retake the driving exam and a vision to test to renew your license. According to a report in NorthEscambia.com, situations subject to retest requirements include:
- Customers who have completed the Class E knowledge exam but have not had it applied to issuance within one year of the exam date;
- Customers who downgraded from a driver’s license to an ID card and the driver’s license has been expired for one year or more;
- Customers who did not apply to renew their driver’s license within the one-year delinquent renewal period; and
- Customers applying for a Florida driver’s license and their out-of-state driver’s license has been expired for one year or more
Defense against Driving with an Expired License Charge
If you were arrested or issued a “notice to appear” citation for drivingwithanexpiredlicenseinFlorida, you should immediately contact a criminal defense attorney. A traffic charge may not seem serious, but it cost you a lot of money in fines and court fees, and you may wind up with a criminal record. A good defense lawyer will work hard to get the charges reduced or even dismissed.
There may be mitigating circumstances involved in your driving with an expired license. The state may not be able to prove its case. Perhaps the police didn’t follow proper procedure. For example, the officer may not have had a lawful reason to pull you over in the first place. It’s in your best interest to have an experienced and aggressive criminal defense lawyer fighting for your rights. Contact the Orlando criminal defense attorneys at the Rivas Law Firm. For a free consultation, call (407) 349-4211.