Driving is a privilege. And privileges can be taken away from you. Your
driver's license can be suspended for a number of reasons. You can
be suspended for failing to pay a traffic ticket, or by failing to appear
in court for a traffic ticket. Your license can also be suspended for
failing to pay child support, or failing to carry proper auto insurance.
If your license is going to be suspended, the DHSMV will alert you by mail,
giving you an effective date of license suspension. That will give you
a few weeks to clear up what you need to clear up. Usually, this means
paying money (if you have failed to pay a traffic ticket).
Once you take care of the outstanding ticket, you may have to get a D6
clearance from the
Clerk of Courts, which will show the DHSMV that you have resolved any outstanding issues
with your driver's license, and are eligible to reinstate. The DHSMV
will charge reinstatement fees.
This is the easy way to avoid problems. But many people fall into the trap
where their license continues to become more and more muddled. More unpaid
tickets, more suspensions. All of a sudden, you are in a situation where
you feel that your license will never be restored.
If you drive on a suspended license, you are committing a crime. Driving
while license suspended (DWLS) can result in your arrest. Convictions
(even withholds of adjudication) may result in your becoming a Habitual
Traffic Offender (HTO).
If you become an HTO, you will have your license revoked for a period of
five years. If you do not drive on the license for one year and complete
an Advanced Driver Improvement (ADI) course, you may be eligible for a
hardship license. A hardship license is a special driving permit that
will allow you to drive to and from work or school.
Many people call me and ask me to help them with their driver's license
problems. Given my primary background as a
Miami-Dade County criminal defense attorney, I am used to dealing with the DHSMV. I deal with them routinely in my
DUI cases.
What I can do is review your driving history to see what is holding up
your license. This process may require you to pay some of your unpaid
tickets if you have already pleaded guilty to them. If you simply failed
to show up for court and a license suspension was issued, I will have
the suspension set aside and set the ticket for trial. If the officer
does not appear or is unprepared to go forward, the ticket will be dismissed.
If you have pleaded guilty to a DWLS charge without knowing that the charge
would result in your becoming an HTO, I may be able to vacate the plea
that made you an HTO.
This is why I never advise anybody to pay a traffic ticket online. When
you pay the ticket online, you are automatically adjudicated (convicted).
If you are being charged with the non-criminal infraction DWLS/Unknowingly
(without knowledge of the suspension), paying the ticket online will cause
you to be adjudicated. An adjudication of a non-criminal DWLS will count
toward your HTO status.
Fixing driver's licenses is difficult, but a qualified attorney can
make all the difference. Think about how important the ability to drive
is to you. Think about not having to worry about going to jail every time
you get in your car.
If you have problems with your Florida driver's license,
call me to discuss your options. I may be able to help you to reinstate your driving
privilege. My practice area includes Miami-Dade and Broward.
If you suspect that you may have problems with your license, don't
let it spiral out of control. As is the case with anything, early intervention
is the key to preventing a minor problem from becoming something bigger.
I advise all of you to routinely check the status of your driver's license.
Visit
https://www6.hsmv.state.fl.us/DLCheck/main.jsp to check the status of your driver's license. If you have anything
holding up your driver's license, this website will tell you. This
site is run by the DHSMV and is up-to-the-minute accurate.