Florida Statute 322.36 states that a person may not authorize or knowingly permit a motor vehicle owned by him or her to be operated on any highway or public street by a person who is not lawfully licensed to drive. Show
What this means is that if you are going to lend your car to, or allow someone to drive you in your vehicle and you were aware of the fact that the person did not have a valid driver’s license you could be charged with a 2nd degree misdemeanor. Penalties for Permitting an Unauthorized DriverUnder Florida Law, 2nd degree misdemeanors are punishable by up to:
You could also be penalized with a driver license suspension if the driver causes a crash in your vehicle. In other words, be very careful who you allow to drive your car. Not only will the driver be arrested for driving without a license, but you could be arrested for even allowing them to drive. Of course there are potential defenses to this charge such as in the case of an emergency or necessity. Contact a Broward County Driving Without a License LawyerChoosing to hire a lawyer to represent you in court is the best decision you can make when facing any type of charge, but especially a traffic related misdemeanor. State Attorney’s and Judges will attempt to minimize the effect a charge like this will have on your record and your future. Do not ever attempt to represent yourself if you are accused of any crime. You should always at least contact an attorney for a free consultation. The Office of Attorney Grant Schwarz has been representing clients since 1979. Our Lead Attorney, Grant Schwarz is a former traffic crimes prosecutor who knows the law and how to use it to fight your charges. Let Grant Schwarz use his experience of fighting in the courtrooms to build your best defense. Traffic misdemeanors are handled by newer and inexperienced prosecutors. Without the proper knowledge of the traffic laws and how they work, prosecutors are at a tremendous disadvantage when handling a case against a more experienced and skilled criminal defense lawyer. Contact Grant Schwarz today to find out how we can help have your charges dismissed. Call 800-403-3887 or email at [email protected] Driving without a valid driver’s license is a serious offense that can result in jail time and higher insurance rates. Charges for driving without a license vary by state, but there are usually hefty fines involved if you get caught by law enforcement. It turns out that there is a good reason to keep unlicensed drivers off the road – they are much more dangerous than licensed drivers. According to the NHTSA,
19% of motor vehicle fatalities involved drivers with invalid licenses. Furthermore, drivers with invalid licenses comprised 13% of all drivers in fatal crashes. Keep reading to find out everything you need to know about driving without a license, the punishment for driving without a license in your state and how it will affect your auto insurance. Key Highlights Table of Contents
Is it illegal to drive without a license?Driving without a driver’s license or a suspended or revoked license is illegal in all 50 states. In most states, the first offense is a misdemeanor. If you get a second offense, it can be a felony. The penalty for driving with a suspended license first offense can range from a license suspension for two months on the low end up to a year. If it’s a second offense, you will probably be hoofing it for at least one to two years. There is also a good chance your vehicle will be impounded, or your license plate confiscated. Jail time (up to five years) is a very real possibility for anything other than a first offense, as is community service. Furthermore, your driving record will now have a misdemeanor listed on it. If you have never had a license, the penalties are likely to be less severe, but it is still a misdemeanor. What happens if you drive without a license?The penalty for driving without a license will vary depending on a variety of factors including what state you live in, whether your license was suspended or revoked and whether this was a first offense. In almost all cases, drivers face hefty fees that can easily exceed $1,000, a suspension or revocation of their license and possible jail time. Here is a breakdown by state of what happens if you get pulled over without a license, according to 2021 data from the National Conference of State Legislatures. Driving Without a License Penalties State by State
Source What’s the difference between a suspended license and a revoked license?Driving with a suspended or revoked license is unwise but in most cases, driving with a revoked license is the more serious offense. Here’s a quick overview of these two violations. What is a license suspension?A suspended license is a temporary loss of your driving privileges often due to an excessive amount of points on your license, driving without proof of insurance, or another major offense. In some states, the suspension ends automatically, and your license is reinstated. In other states, you may have to apply to your DMV to have the suspension lifted. There can be factors that lessen the severity of driving on a suspended license and one of these is whether or not you knew you were driving on a suspended license. There are a few different reasons you could be unaware that your license is suspended and not know it – usually because of unpaid traffic tickets. Every state law is different in how it deals with driving on a suspended or revoked license and while Florida may give you the benefit of the doubt that you were unaware of the suspended status of your license, not every state will extend that courtesy. On the other hand, if you know your license is suspended and decide to drive, the penalties become exponentially steeper. What if your license is revoked?This is the more serious of the two infractions. It means that your license has been canceled, which usually is because of a serious infraction, such as a DUI. The penalty for driving with a suspended or revoked license varies by state, but in most cases, a hefty fine is involved, ranging up to $25,000. Your suspension time will be increased and you’ll face the possibility of serving time in jail, which varies by the offense and the laws in your state. In most states, driving with a suspended or revoked license is a misdemeanor for a first offense. When you are a repeat offender with a second or third offense, you may be looking at a felony and will almost certainly be spending some time behind bars. “A driver who continues to drive on a suspended license gets labeled ‘habitual’ and faces felony charges, a $5,000 fine, five years of jail, and parole. A judge can also order additional requirements on a case-by-case basis,” Hunt says. Can you get car insurance without a license?The answer to this question is yes, but it can be difficult. If you don’t have a license or currently have a suspended, revoked, or expired license you may still need insurance for a variety of reasons. Here are a couple of reasons you may need car insurance coverage without a license:
A primary driver can be anyone that is licensed and will be driving your car on a regular basis. It can be a spouse, teenager, or even a roommate or caretaker. However, the premium will be based on the primary driver’s record so choose someone with a decent driving record to keep your premiums affordable. You may need to list yourself as an excluded driver on the policy. Then, if you decide to drive, you will have no coverage and will be responsible for any damage to your car as well as other people and their vehicles in case of a crash. Can you get insurance with a suspended license?You may still be able to get auto insurance with a suspended license, but it will be expensive and you’ll have to meet certain conditions. If you don’t currently have a policy and your license is suspended, you can still apply for coverage. But you will have to get a policy from a car insurance company that accepts high-risk drivers. You will also need to show that your license suspension is for a short period of time, say, 30 days compared to a year. Once your driving privileges are restored, you will have to show proof of reinstatement to your insurer. If you have a long-term suspension, you have the option of finding a car insurance company that will allow you to buy a policy with another person named as the primary driver. You would not be listed on the policy until you get your license back. Insurance companies are required to send you a notice informing you that your coverage is to be suspended at some future date, typically at least 30 days out. Learn more about Can I get a license in another state if my license is suspended? Can insurance companies tell if your license has been suspended?Insurance companies are not normally notified if your license is suspended. Insurers pull your driver history from the DMV and they have to pay for that record so insurers don’t necessarily pull it at every renewal period if you’ve had a clean record for years. Insurance companies are usually not even aware that you need an SR-22 unless you tell them. Your driving record with a DUI or suspended license may make them ask if you need one, but the DMV doesn’t normally alert insurers, it’s your job as the one needing it. The burden of telling the insurer about a suspended or canceled license is yours. It is written into some policies that if your license is suspended you must inform your insurer within a certain time period, such as 30 or 60 days. Will you pay a higher insurance premium after driving with a suspended license?In addition to the fines for driving without a valid license, you can expect your insurance rates to increase. Driving with a suspended or revoked license is severely frowned upon by insurers, as they deem it high-risk behavior, so expect your rates to climb. If your license is suspended or revoked for a long time – six months to a year or more – it will only increase your insurance pain. If your license has been suspended for a long period, expect your insurer to cancel your policy once it learns of the suspension. This gap in coverage can lead to higher rates when you apply for coverage again as insurance companies hate to see a gap in coverage. Frequently asked questions: Suspended licenses and revoked licensesCan you drive without a license in your possession?The penalty for driving without a license or expired license in your possession isn’t as serious as driving with a suspended or revoked license. While you will most likely get a ticket, it is a traffic infraction, not a misdemeanor. If you show up at court with your valid driver’s license, there is a good chance the ticket will be dismissed, although you may need to pay a fine. How much will you pay if you get pulled over for driving without a license?How much driving without a license will end up costing depends on a number of factors. The state you are driving in, whether your license is suspended or revoked and if it is the first offense will all impact the fine if you get pulled over for driving without a license. Fines can range from $50 in Wisconsin if you are driving on a suspended license all the way up to $25,000 if you are caught for the second time in Illinois, according to the National Conference of State Legislatures or NCSL. While it varies by state, in general, expect fines to range up to $1,000 for a first offense, the fine for a second offense can easily be $2,500 or more. What is the penalty for driving without a license if you’re under 18?In most states, the same penalties will apply regardless of your age. If a minor has a valid license and forgot it at home, a traffic ticket and a fine will be the most likely penalty. However, they will be looking at a much bigger penalty if they decide to take a car out for a spin with a suspended or revoked license. In most states, the first offense is a misdemeanor and comes with a hefty fine. Many states suspend a license for a certain number of months when a person is caught driving without a license, this penalty will most likely be applied to a teen as well, delaying their right to get a license for the same amount of time. What happens if an unlicensed driver drives your car?Never let an unlicensed driver get behind the wheel of your car. The penalty for letting an unlicensed driver drive your car can be severe. Car insurance follows the car, so if an unlicensed friend or family member gets into an accident with your car, it will be your insurance policy that has to pay. Unfortunately, since an unlicensed driver was behind the wheel, your insurance company has the legal grounds to deny your claim since the majority of policies have a clause that states that the driver must have a valid license. So, you’ll be legally responsible to pay for the other driver’s car, medical bills and legal defense if they decide to sue you. In some states, you can be charged if you knowingly allow someone without a valid license to drive your vehicle resulting in jail time, large fines and car impoundment. You also can expect a dramatic increase in your insurance costs or cancellation of your policy, which can make finding a new policy challenging and expensive. Can you get a hardship license if your license is suspended?If your license is suspended, there may be a way to get back on the road with a hardship license, which is issued when your standard driver’s license has been revoked or suspended. It allows you to drive, but only under certain circumstances and for approved reasons, mainly to get back and forth to work. A hardship license will come with a wide variety of restrictions that depend on your particular state. In most cases, you can only drive to approved locations, usually work, daycare or school, and a few stores for errands. Many states assign a nighttime curfew. Getting caught driving after hours or for unapproved reasons will result in your hardship license being revoked. You may not even get a second chance, depending on the state laws Most states don’t offer second chances. Resources & MethodologySources:
Mark Vallet is a professional freelance writer who specializes in automotive and insurance writing and regularly contributes to CarInsurance.com. He lives in Colorado with his wife and children. What happens if a minor is caught driving without a license in Florida?An unlicensed, underage driver who's caught operating a motor vehicle on a Florida road can face 2nd degree misdemeanor charges. If you don't consult with a Miami traffic violations lawyer your child could be facing the maximum penalties of up to 60 days in jail and a $500 fine.
What are the consequences for driving without a license in Florida?If you are convicted of driving without a valid driver's license in the state of Florida, you face a second-degree misdemeanor 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 unlikely you will be sentenced to jail.
What happens if you get caught driving alone with a learner's permit in Florida?Driving alone with a permit is an offense known as the misuse of a restricted license, and the penalty is a license suspension. The Florida Department of Highway Safety and Motor Vehicles will take your license away temporarily.
What happens if police catch you driving without a license?It is an offence to drive a vehicle without the appropriate licence, and the penalties can include a £1,000 fine, discretionary disqualification and between three and six penalty points.
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