No Valid Driver’s License

Just as it is illegal to drive a motor vehicle in Florida with a suspended or revoked driver’s license, it is illegal to drive in Florida without a valid and recognized driver’s license. The difference in these two crimes is that with a driving while license suspended charge, at one point the driver had a Florida driver’s license that was legal and at some point, for whatever reason, that driver’s license was suspended or revoked. Our lawyers have prosecuted and defended hundreds of NVDL charges. We’ve represented those concerned about keeping their record free from criminal conviction and very often have been able to negotiate this charge down to a moving civil traffic infraction. Because this charge is a criminal offense, technically it could affect those who are not citizens of our country. Though it is rare to face deportation or other immigration consequences resulting from a No Valid Driver’s License because it is a criminal offense it is possible. Criminal attorney Jason Mayberry has extensive experience in Florida traffic law and can potentially help you avoid resolving your charge with a criminal conviction.

WHAT DOES THE STATE HAVE TO PROVE?

A No Valid Driver’s License charge is governed by Florida Statue 322.03 and occurs when the following elements are met:

  1. The Defendant drove a motor vehicle upon a highway in this State.

    AND

  2. At the time, the driver did not have a valid driver’s license recognized by the Department of Highway Safety and Motor Vehicles of the State of Florida.

For this kind of charge to stick the Defendant does not have to be proven to be piloting a moving vehicle. Like any other driving offense, all that is necessary is for the driver to be in actual physical control of the vehicle. Florida Courts have held that to mean that one is behind the wheel with an actual and imminent ability to control the vehicle.

DEFENSES

Though a No Valid Driver’s license charge is quite simple, there are defenses to the charge. From time to time those cited with No Valid Driver’s License actually do have a driver’s license recognized by the Florida Department of Highway Safety and Motor Vehicles of the State of Florida. Gaps in the exchange of information from state to state can and do happen. Our attorneys have represented those in this situation. Past clients have presented situations where they recently received a driver’s license in another state but did not have it in their possession at the time of stop. Despite the driver’s license being valid, the gap in update of information from state to state caused the officer to believe our client had no license and cited him as such. Because they had a legal license at the time of stop they had a full defense to the allegation. Another possible defense is based on failure to show driving or actual physical control of the vehicle. If the vehicle is inoperable at the time the officer issues the citation it may be possible to show that actual physical control is impossible.

If you’ve been issued a notice to appear or have been arrested for No Valid Driver’s License contact a driver’s license lawyer at The Mayberry Law Firm at 813-444-7435 immediately for a free consultation.