Driving Without a Valid License

Highly Experienced Broward County Traffic Ticket Lawyer Fighting to Keep You on the Road

In Florida, lawmakers have decided to take an increasingly harsh stance against anyone found to be driving without a valid license. While you’ve always needed a valid driver’s license to operate a vehicle on Florida roads, recent legislation made the offense much more serious. In fact, if you are charged with driving without a valid license and have two prior convictions for the same, you’ll face a mandatory ten days in jail.

If you’re facing charges of driving without a license, it’s essential you realize what’s on the line. Unlicensed driving is a crime that will not only put points on your driving record but also subject you to the possibility of spending time in jail. At Russell D. Bernstein, P.A., our Broward County traffic ticket defense lawyer has decades of experience helping keep our clients on the road. We understand how to effectively handle these cases to minimize the chance of a conviction—keeping you out of legal trouble.

Florida’s Law Against Driving Without a Valid License

Florida Statutes § 322.03 provides the straightforward requirement that anyone who drives on a public road must have a valid driver’s license. However, for a variety of reasons, it is far from uncommon for people to get behind the wheel without a valid license. In fact, in many cases, motorists may not even know that their license has been suspended. But that doesn’t make it legal. However, under FL Statutes § 322.03, knowledge that your license is invalid is an element of the offense; in other words, the prosecutor needs to establish that you knew your license was suspended.

Penalties for Driving Without a License

Historically, driving without a valid license has been a misdemeanor of the second degree that carried up to 60 days in jail and a fine of up to $500. However, in reality, judges very rarely imposed jail sentences for these offenses.

But in 2024, Florida lawmakers passed a law imposing much harsher penalties for a violation of Florida’s law against driving without a valid license. Under the new law, the offense is punished as follows:

First Offense: Misdemeanor of the second degree, carrying a penalty of up to 60 days in jail and a fine of up to $500.

Second Offense: Misdemeanor of the first degree, carrying a penalty of up to one year in jail and a fine of up to $1,000

Third Offense: Misdemeanor of the first degree, carrying a penalty of up to one year in jail and a fine of up to $1,000, with a mandatory term of 10 days in jail.

Driving Without a Valid License Versus Driving on a Suspended or Revoked License

Driving without a valid license and driving on a suspended or revoked license are similar charges, but there are a few important differences. The biggest difference is that driving without a valid license targets those who never obtained a valid license while driving on a suspended license targets those who obtained a license that was suspended or revoked. In other words, if you’ve ever gotten a driver’s license and you get pulled over without a valid license, you’ll likely be facing charges of driving on a suspended or revoked license.

Note, however, that driving on a suspended or revoked license under Florida Statutes § 322.34(1) (driving on a suspended without knowledge) does not require proof that you knew your license was not valid. However, the criminal version of the same offense (driving on a suspended with knowledge) does require proof that you knew your license was suspended.

Driving on a suspended or revoked license is a more serious offense, and those who have three convictions will face felony charges. If all three convictions were within five years, they will also be designated as an “habitual traffic offender.”

Have You Been Charged with Operating a Vehicle Without a Valid License?

If you were recently cited for driving without a license, you may not realize it, but you’ve been charged with a crime. However, it is important you understand your options because a conviction isn’t a certainty. At Russell D. Bernstein, P.A., our Broward County traffic ticket attorney has extensive experience helping clients resolve their pending tickets and moving violations. Through our strategic advocacy, we’ve been able to keep countless clients on the road, and we look forward to seeing how we can help you. To learn more, and to schedule a free consultation today with a Broward County traffic lawyer, call Russell D. Bernstein, P.A., at 954-401-3899.