Legal Defense for DWLSR Charges in Florida
- McMann, P.A.
- Sep 27, 2024
- 4 min read
Updated: Apr 3
DWLSR stands for Driving While License Suspended or Revoked, which is a serious offense in Florida. The penalties for a DWLSR charge can range from a misdemeanor to a felony, depending on the circumstances. The state of Florida has recently passed new laws that increase the penalties for driving without a valid driver's license and for street racing:
This bill, also known as SB 1324, raises the penalties for operating a vehicle without a valid driver's license (DWLSR). Under the updated legislation, the initial violation is categorized as a second-degree misdemeanor, the second infraction as a first-degree misdemeanor, and any subsequent violations as first-degree misdemeanors carrying a minimum sentence of 10 days in incarceration. The governor sanctioned this bill on March 15, 2024, and it took effect on July 1, 2024.
Penalties for street racing, stunt driving, and street takeovers have been raised by this legislation. Under the new law, the maximum fine for a first-time offense has been raised from $1,000 to $2,000, and a second offense within a year may lead to a third-degree felony charge.
Things to know about DWLSR in Florida:
Knowledge of DWLSR
The prosecution needs to establish that the driver was aware of their suspended or revoked license while driving. This can be deduced if the driver received official notification from the DHSMV, confessed to driving with a suspended license, or had a prior DWLSR conviction.
Civil vs Criminal
Operating a vehicle unknowingly with a suspended license is considered a civil infraction, whereas doing so knowingly is deemed a criminal offense.
DWLSR Second Offense
If you face a second DWLSR charge, the offense will be upgraded to a first-degree misdemeanor. In Florida, being found guilty of a second DWLSR can lead to an increased maximum penalty of up to one year in jail, along with a potential fine of up to $1,000.
DWLSR Third Offense
If you commit a third DWLSR offense, it may be considered a felony, resulting in being labeled as a habitual offender. This offense could result in a maximum of five years in prison and a fine of $5,000.
DWLSR course
Drivers can benefit from an eight-hour DWLSR course designed to enhance their understanding of driving behaviors and ways to enhance them. Additionally, the course covers the regulations related to driving with a suspended or revoked license.
When dealing with DWLSR charges, it is crucial to seek help from a skilled traffic crimes defense lawyer. McMann, P.A., possesses vast expertise in managing traffic-related cases and a thorough knowledge of Florida traffic regulations, which can greatly influence the result of your legal matter. In Florida, there are several possible defenses that can be utilized for a Driving While License Suspended or Revoked (DWLSR) offense, including:
Lack of knowledge
What does a lack of knowledge defense entail? This defense asserts that the driver did not know about their license suspension or revocation, potentially resulting in the dismissal of DWLSR charges upon verification.
Invalid suspension
If the state cannot prove that the driver was operating with a suspended license, or if there was an error made by the Florida DHSMV, a valid defense can be raised.
Urgent Necessity
The defense of necessity asserts that the driver was compelled to drive because of an emergency. It can be difficult to substantiate this defense, usually necessitating evidence that no alternative courses of action were possible and that the driver was reacting to a legitimate emergency.
Identity theft
There are situations where the individual accused of DWLSR may not be the actual driver. Demonstrating a case of mistaken identity may require providing evidence like eyewitness accounts or surveillance videos indicating a different person was behind the wheel.
Legal challenges
Challenging the validity of the traffic stop is possible. If the traffic stop that resulted in the DWLSR charge was carried out without reasonable suspicion or probable cause, any evidence gathered during the stop might not be admissible in court. This could significantly undermine the prosecution's case. For instance, if a law enforcement officer stops you without a valid justification, any charges resulting from that stop, like DWLSR, could be challenged.
Reinstatement
Having the driver's license reinstated, or having a reasonable belief that it was, can serve as a defense. If your license was suspended but the suspension period had already ended before you were stopped, you could potentially claim that the suspension was no longer in effect. It is essential to provide documentation confirming the expiration of the suspension.
Criminal Traffic Attorney
Remember that a DWLSR conviction has consequences that go beyond just the criminal aspect. The administrative repercussions can be just as, if not more, impactful. By understanding these outcomes and working with a skilled attorney, you can actively protect your rights and future.
At McMann, P.A., we are dedicated to vigorously advocating for our clients and safeguarding their rights. Don't confront the possible repercussions of a DWLSR charge by yourself; collaborate with a reputable and knowledgeable Lakeland attorney specializing in DWLSR traffic crimes. If you are facing charges related to a traffic offense, reach out to our office for a complimentary consultation for a thorough review of your situation.
Mark D. McMann
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