New Florida Resident Arrested for Not Possessing a Valid Driver’s License

The Charges

Our Client relocated to Florida from a state where his driver’s license was currently suspended. Police conducted a traffic stop for a tag light violation and found the Defendant did not have a valid Florida license. Police charged him with Operating a Motor Vehicle with No Valid Driver’s License.

Operating a Motor Vehicle with No Valid Driver’s License

In Florida, every single person that operates a motor vehicle is required to have a valid driver’s license. There are a few exceptions to this rule, which can be found in the Florida Statutes, Section 322.04:

• A nonresident who is at least 16 years of age and who has in his or her immediate possession a valid noncommercial driver's license issued to the nonresident in his or her home state or country operating a motor vehicle of the type for which a Class E driver's license is required in this state.
• A nonresident who is at least 18 years of age and who has in his or her immediate possession a valid noncommercial driver's license issued to the nonresident in his or her home state or country operating a motor vehicle, other than a commercial motor vehicle in this state.
• Anyone operating a golf cart
• Any employee of the United States government, while operating a noncommercial motor vehicle, is owned by or leased to the United States government and is being operated on official business.
• Any person while driving or operating any road machine, farm tractor, or implement of husbandry temporarily operated or moved on a highway.
• Any person working for a firm under contract to the United States Government whose residence is outside this state and whose main point of employment is outside this state may drive a noncommercial vehicle on the public roads of this state for periods up to 60 days while in this state on temporary duty, if the person has a valid driver's license from the state of the person’s residence.

If a person is found to not have a valid driver’s license, they will be charged with a second-degree misdemeanor, which will result in up to 60 days in jail and a fine of $500.

Defense to No Possessing a Valid Driver’s License

There are various defenses that can be used in a court of law against this charge, including the following: 

• Law officers did not have probable cause to pull one over. 
• It was an unlawful traffic stop.
• The defendant does have a valid driver’s license.
• The defendant was not on a street, road, or highway that was public.
• The non-Florida resident had a foreign driver’s license in his or her possession at the time of the traffic stop.
• Lack of evidence that the defendant did not have a license that was issued by a governmental authority. 

Musca Law Firm

Musca Law has numerous offices located throughout Florida for your convenience. We serve the entire state and have a 24 hour answering service. We believe that a person’s life does not just happen between the hours of 9 to 5, so this is why we have extended night and weekend hours for your ease and convenience.  

Our attorneys all work together to provide the best possible defense for your case. We will expose the weaknesses of the prosecution in order to find the most favorable outcome for your case. 

Please call us today at (888) 484-5057 to schedule a free initial case consultation with one of our experienced attorneys. We are ready to start working on your case today!

RESULT: The Musca Law Defense Attorney proved to the State that our Client was now in possession of a valid Florida License. The State withheld adjudication, resulting in NO FORMAL FINDING OF GUILT!