Unlawful Use of Driver's License in Florida

If accused of the crime of Unlawful Use of Driver's License in Florida, you need to know the:

Definition of Unlawful Use of a Driver's License

Under Florida Statute 322.32, the crime of Unlawful Use of Driver's License is committed when a person:

  1. Displays or possesses any canceled, suspended, revoked, or disqualified driver’s license knowing that such driver's license has been canceled, suspended, revoked, or disqualified;
  2. Lends their driver’s license to any other person or knowingly permit another to use the license;
  3. Displays or represents a license belonging to another person as being their own;
  4. Refuses to surrender to the DHSMV or a law enforcement officer, upon lawful demand, any driver’s license that has been suspended, revoked, disqualified, or canceled;
  5. Permits any unlawful use of a driver’s license; or
  6. Applies for, obtains, or causes to be issued, two or more photographic driver’s licenses of the same person which are in different names.

Penalties for Unlawful Use of a Driver's License

The crime of Unlawful Use of a Driver's License is a Second Degree Misdemeanor. If convicted of Unlawful Use of a Driver's License, a judge can impose any combination of the following penalties:

  • Up to sixty (60) days county jail.
  • Up to six (6) months of probation.
  • Up to $500 in fines.

Defenses to Unlawful Use of a Driver's License

In addition to the pretrial defenses and trial defenses that can be raised in any criminal case, specific defenses to the crime of Unlawful Use of a Driver's License are:

Unknowing Possession

It is a defense to the crime of Unlawful Use of a Driver's License, if you were unaware the suspended, canceled, revoked, or disqualified license was in your possession; as the courts have required that the unlawful possession be done “knowingly.”

Thus if your license was not valid, but you did not know you had it in your possession at the time law enforcement found it, then you would have a defense. [1]

Contact Criminal Defense Attorney Richard Hornsby

If you have been arrested or charged with the crime of Unlawful Use of Driver's License in Central Florida or the Greater Orlando area, contact Criminal Defense Lawyer today.

The initial consultation is free and I am always available to advise you on the proper course of action that can be taken.

References

  1. Bartee v. State, 401 So. 2d 890 (Fla. 5th DCA 1981)