Miami Driver License Offenses Lawyer
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Driver License Offenses Laws by Statute
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your rights and Drivers License cases.
322.32 Unlawful use of license.--It is a misdemeanor of
the second degree, punishable as provided in s. 775.082 or s.
775.083, for any person:
(1) To display, cause or permit to be displayed, or have in his or
her possession any canceled, revoked, suspended, or disqualified
driver's license knowing that such license has been canceled,
revoked, suspended, or disqualified.
(a) The element of knowledge is satisfied if:
1. The person has been cited as provided in s. 322.34(1), and any
cancellation, revocation, or suspension in effect at that time
remains in effect; or
2. The person admits to knowledge of the cancellation, suspension,
or revocation; or
3. The person received notice as provided in paragraph (c).
(b) In any proceeding for a violation of this section, a court may
consider evidence, other than that specified in paragraph (a),
that a person knowingly possessed a canceled, suspended, or
revoked driver's license.
(c) Any judgment or order rendered by a court or adjudicatory body
or any uniform traffic citation that cancels, suspends, or revokes
a person's driver's license must contain a provision notifying the
person that his or her driver's license or driving privilege has
been canceled, suspended, or revoked.
(2) To lend his or her driver's license to any other person or
knowingly permit the use thereof by another.
(3) To display, or represent as his or her own, any driver's
license not issued to him or her.
(4) To fail or refuse to surrender to the department or to any law
enforcement officer, upon lawful demand, any driver's license in
his or her possession that has been suspended, revoked,
disqualified, or canceled.
(5) To permit any unlawful use of a driver's license issued to him
or her.
(6) To apply for, obtain, or cause to be issued to him or her two
or more photographic driver's licenses which are in different
names. The issuance of such licenses shall be prima facie evidence
that the licensee has violated the provisions of this section
unless the issuance was in compliance with the requirements of
this chapter.
(7) To do any act forbidden, or fail to perform any act required,
by this chapter.
History.--s. 44, ch. 19551, 1939; CGL 1940 Supp. 8135(59); s. 44,
ch. 20451, 1941; s. 213, ch. 71-136; s. 25, ch. 78-394; s. 2, ch.
84-91; s. 24, ch. 89-282; s. 419, ch. 95-148; s. 3, ch. 97-206; s.
39, ch. 97-300.
322.33 Making false affidavit perjury.--Any person who makes any
false affidavit, or knowingly swears or affirms falsely to any
matter or thing required by the terms of this chapter, shall be
guilty of perjury and upon conviction shall be punished
accordingly.
History.--s. 45, ch. 19551, 1939; CGL 1940 Supp. 7476(9); s. 45,
ch. 20451, 1941.
322.331 Habitual traffic offenders; restoration of license.--At
the expiration of 5 years from the date of license revocation, a
person whose license has been revoked under s. 322.27(5) may
petition the department for restoration of driving privileges.
Upon such petition and after investigation of the person's
qualification and fitness to drive, the department shall hold an
administrative hearing to determine whether driving privileges
shall be restored either on an unrestricted basis or on a
restricted basis solely for business or employment purposes.
History.--s. 6, ch. 72-175.
322.34 Driving while license suspended, revoked, canceled, or
disqualified.--
(1) Except as provided in subsection (2), any person whose
driver's license or driving privilege has been canceled,
suspended, or revoked, except a "habitual traffic offender" as
defined in s. 322.264, who drives a vehicle upon the highways of
this state while such license or privilege is canceled, suspended,
or revoked is guilty of a moving violation, punishable as provided
in chapter 318.
(2) Any person whose driver's license or driving privilege has
been canceled, suspended, or revoked as provided by law, except
persons defined in s. 322.264, who, knowing of such cancellation,
suspension, or revocation, drives any motor vehicle upon the
highways of this state while such license or privilege is
canceled, suspended, or revoked, upon:
(a) A first conviction is guilty of a misdemeanor of the second
degree, punishable as provided in s. 775.082 or s. 775.083.
(b) A second conviction is guilty of a misdemeanor of the first
degree, punishable as provided in s. 775.082 or s. 775.083.
(c) A third or subsequent conviction is guilty of a felony of the
third degree, punishable as provided in s. 775.082, s. 775.083, or
s. 775.084.
The element of knowledge is satisfied if the person has been
previously cited as provided in subsection (1); or the person
admits to knowledge of the cancellation, suspension, or
revocation; or the person received notice as provided in
subsection (4). There shall be a rebuttable presumption that the
knowledge requirement is satisfied if a judgment or order as
provided in subsection (4) appears in the department's records for
any case except for one involving a suspension by the department
for failure to pay a traffic fine or for a financial
responsibility violation.
(3) In any proceeding for a violation of this section, a court may
consider evidence, other than that specified in subsection (2),
that the person knowingly violated this section.
(4) Any judgment or order rendered by a court or adjudicatory body
or any uniform traffic citation that cancels, suspends, or revokes
a person's driver's license must contain a provision notifying the
person that his or her driver's license has been canceled,
suspended, or revoked.
(5) Any person whose driver's license has been revoked pursuant to
s. 322.264 (habitual offender) and who drives any motor vehicle
upon the highways of this state while such license is revoked is
guilty of a felony of the third degree, punishable as provided in
s. 775.082, s. 775.083, or s. 775.084.
(6) Any person who operates a motor vehicle:
(a) Without having a driver's license as required under s. 322.03;
or
(b) While his or her driver's license or driving privilege is
canceled, suspended, or revoked pursuant to s. 316.655, s.
322.26(8), s. 322.27(2), or s. 322.28(2) or (4),
and who by careless or negligent operation of the motor vehicle
causes the death of or serious bodily injury to another human
being is guilty of a felony of the third degree, punishable as
provided in s. 775.082 or s. 775.083.
(7) Any person whose driver's license or driving privilege has
been canceled, suspended, revoked, or disqualified and who drives
a commercial motor vehicle on the highways of this state while
such license or privilege is canceled, suspended, revoked, or
disqualified, upon:
(a) A first conviction is guilty of a misdemeanor of the first
degree, punishable as provided in s. 775.082 or s. 775.083.
(b) A second or subsequent conviction is guilty of a felony of the
third degree, punishable as provided in s. 775.082, s. 775.083, or
s. 775.084.
(8)(a) Upon the arrest of a person for the offense of driving
while the person's driver's license or driving privilege is
suspended or revoked, the arresting officer shall determine:
1. Whether the person's driver's license is suspended or revoked.
2. Whether the person's driver's license has remained suspended or
revoked since a conviction for the offense of driving with a
suspended or revoked license.
3. Whether the suspension or revocation was made under s. 316.646
or s. 627.733, relating to failure to maintain required security,
or under s. 322.264, relating to habitual traffic offenders.
4. Whether the driver is the registered owner or coowner of the
vehicle.
(b) If the arresting officer finds in the affirmative as to all of
the criteria in paragraph (a), the officer shall immediately
impound or immobilize the vehicle.
(c) Within 7 business days after the date the arresting agency
impounds or immobilizes the vehicle, either the arresting agency
or the towing service, whichever is in possession of the vehicle,
shall send notice by certified mail, return receipt requested, to
any coregistered owners of the vehicle other than the person
arrested and to each person of record claiming a lien against the
vehicle. All costs and fees for the impoundment or immobilization,
including the cost of notification, must be paid by the owner of
the vehicle or, if the vehicle is leased, by the person leasing
the vehicle.
(d) Either the arresting agency or the towing service, whichever
is in possession of the vehicle, shall determine whether any
vehicle impounded or immobilized under this section has been
leased or rented or if there are any persons of record with a lien
upon the vehicle. Either the arresting agency or the towing
service, whichever is in possession of the vehicle, shall notify
by express courier service with receipt or certified mail, return
receipt requested, within 7 business days after the date of the
immobilization or impoundment of the vehicle, the registered owner
and all persons having a recorded lien against the vehicle that
the vehicle has been impounded or immobilized. A lessor, rental
car company, or lienholder may then obtain the vehicle, upon
payment of any lawful towing or storage charges. If the vehicle is
a rental vehicle subject to a written contract, the charges may be
separately charged to the renter, in addition to the rental rate,
along with other separate fees, charges, and recoupments disclosed
on the rental agreement. If the storage facility fails to provide
timely notice to a lessor, rental car company, or lienholder as
required by this paragraph, the storage facility shall be
responsible for payment of any towing or storage charges necessary
to release the vehicle to a lessor, rental car company, or
lienholder that accrue after the notice period, which charges may
then be assessed against the driver of the vehicle if the vehicle
was lawfully impounded or immobilized.
(e) Except as provided in paragraph (d), the vehicle shall remain
impounded or immobilized for any period imposed by the court
until:
1. The owner presents proof of insurance to the arresting agency;
or
2. The owner presents proof of sale of the vehicle to the
arresting agency and the buyer presents proof of insurance to the
arresting agency.
If proof is not presented within 35 days after the impoundment or
immobilization, a lien shall be placed upon such vehicle pursuant
to s. 713.78.
(f) The owner of a vehicle that is impounded or immobilized under
this subsection may, within 10 days after the date the owner has
knowledge of the location of the vehicle, file a complaint in the
county in which the owner resides to determine whether the vehicle
was wrongfully taken or withheld. Upon the filing of a complaint,
the owner may have the vehicle released by posting with the court
a bond or other adequate security equal to the amount of the costs
and fees for impoundment or immobilization, including towing or
storage, to ensure the payment of such costs and fees if the owner
does not prevail. When the vehicle owner does not prevail on a
complaint that the vehicle was wrongfully taken or withheld, he or
she must pay the accrued charges for the immobilization or
impoundment, including any towing and storage charges assessed
against the vehicle. When the bond is posted and the fee is paid
as set forth in s. 28.24, the clerk of the court shall issue a
certificate releasing the vehicle. At the time of release, after
reasonable inspection, the owner must give a receipt to the towing
or storage company indicating any loss or damage to the vehicle or
to the contents of the vehicle.
(9)(a) A motor vehicle that is driven by a person under the
influence of alcohol or drugs in violation of s. 316.193 is
subject to seizure and forfeiture under ss. 932.701-932.707 and is
subject to liens for recovering, towing, or storing vehicles under
s. 713.78 if, at the time of the offense, the person's driver's
license is suspended, revoked, or canceled as a result of a prior
conviction for driving under the influence.
(b) The law enforcement officer shall notify the Department of
Highway Safety and Motor Vehicles of any impoundment or seizure
for violation of paragraph (a) in accordance with procedures
established by the department.
(c) Notwithstanding s. 932.703(1)(c) or s. 932.7055, when the
seizing agency obtains a final judgment granting forfeiture of the
motor vehicle under this section, 30 percent of the net proceeds
from the sale of the motor vehicle shall be retained by the
seizing law enforcement agency and 70 percent shall be deposited
in the General Revenue Fund for use by regional workforce boards
in providing transportation services for participants of the
welfare transition program. In a forfeiture proceeding under this
section, the court may consider the extent that the family of the
owner has other public or private means of transportation.
History.--s. 46, ch. 19551, 1939; CGL 1940 Supp. 8135(60); s. 46,
ch. 20451, 1941; s. 7, ch. 22858, 1945; s. 1, ch. s. 59-3; s. 214,
ch. 71-136; s. 7, ch. 72-175; s. 4, ch. 76-153; s. 69, ch. 88-381;
s. 23, ch. 89-282; s. 85, ch. 94-306; s. 941, ch. 95-148; s. 1, ch.
95-202; s. 1, ch. 95-278; s. 40, ch. 97-300; s. 12, ch. 98-223; s.
10, ch. 98-324; s. 108, ch. 99-13; s. 1, ch. 99-234; s. 46, ch.
99-248; s. 85, ch. 2000-165.
322.341 Driving while license permanently revoked.--Any person
whose driver's license or driving privilege has been permanently
revoked pursuant to s. 322.26 or s. 322.28 and who drives a motor
vehicle upon the highways of this state is guilty of a felony of
the third degree, punishable as provided in s. 775.082, s.
775.083, or s. 775.084.
History.--s. 13, ch. 98-223.
322.35 Permitting unauthorized minor to drive.--No person shall
cause or knowingly permit his or her child or ward under the age
of 18 years to drive a motor vehicle upon any highway when such
minor is not authorized by the provisions of this chapter.
History.--s. 47, ch. 19551, 1939; CGL 1940 Supp. 4151(658); s. 47,
ch. 20451, 1941; s. 420, ch. 95-148.
322.36 Permitting unauthorized operator to drive.--No person shall
authorize or knowingly permit a motor vehicle owned by him or her
or under his or her dominion or control to be operated upon any
highway or public street except by persons duly authorized to
operate motor vehicles under the provisions of this chapter. Any
person violating this provision is guilty of a misdemeanor of the
second degree, punishable as provided in s. 775.082 or s. 775.083.
History.--s. 48, ch. 19551, 1939; CGL 1940 Supp. 4151(659); s. 48,
ch. 20451, 1941; s. 1, ch. 65-497; s. 215, ch. 71-136; s. 421, ch.
95-148.
322.37 Employing unlicensed driver.--No person shall employ as a
driver of a motor vehicle any person not then licensed to operate
such vehicle as provided in this chapter. Violation of this
section is a noncriminal traffic infraction subject to the penalty
provided in s. 318.18(2).
History.--s. 49, ch. 19551, 1939; CGL 1940 Supp. 4151(660); s. 49,
ch. 20451, 1941; s. 13, ch. 86-185; s. 48, ch. 89-282.
322.38 Renting motor vehicle to another.--
(1) No person shall rent a motor vehicle to any other person
unless the latter person is then duly licensed, or if a
nonresident he or she shall be licensed under the laws of the
state or country of his or her residence, except a nonresident
whose home state or country does not require that an operator be
licensed.
(2) No person shall rent a motor vehicle to another until he or
she has inspected the driver's license of the person to whom the
vehicle is to be rented, and compared and verified the signature
thereon with the signature of such person written in his or her
presence.
(3) Every person renting a motor vehicle to another shall keep a
record of the registration number of the motor vehicle so rented,
the name and address of the person to whom the vehicle is rented,
the number of the license of said latter person, and the date and
place when and where the said license was issued. Such record
shall be open to inspection by any police officer, or officer or
employee of the department.
History.--s. 50, ch. 19551, 1939; CGL 1940 Supp. 4151(661); s. 50,
ch. 20451, 1941; s. 49, ch. 89-282; s. 422, ch. 95-148.
322.39 Penalties.--
(1) It is a misdemeanor for any person to violate any of the
provisions of this chapter, unless such violation is declared to
be otherwise by this chapter or other law of this state.
(2) Unless another penalty is provided in this chapter or by the
laws of this state, a person convicted of a misdemeanor for the
violation of a provision of this chapter is guilty of a
misdemeanor of the second degree, punishable as provided in s.
775.082 or s. 775.083.
History.--s. 51, ch. 19551, 1939; CGL 1940 Supp. 8135(56); s. 51,
ch. 20451, 1941; s. 216, ch. 71-136; s. 19, ch. 84-359.
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