Out of State Resident Arrested for Operating Without a Valid License

The Charges

The defendant traveled to Florida for work purposes and was spotted going through a red light by police. Police discovered his out of state license was suspended and charged him with Driving While License Suspended (DWLSR). The defendant returned to his home state and failed to appear in court, resulting in a Bench Warrant being issued for his arrest.

Driving While License Suspended

In Florida, Driving While License is Suspended has many penalties, including the following:

• Your first conviction will be labeled as a misdemeanor of the second degree. This is punishable by up to 60 days in jail and a maximum fine of $500.
• A second conviction will result in a misdemeanor of the first degree. This will be punishable by up to a year in jail and a fine of $1,000 maximum. 
• A third conviction, and any after that, will be classified as a felony in the third degree. Penalties for this will include a maximum fine of $5,000 and a maximum of 5 years in prison. There may be additional time added to the driver’s license revocation as well. 

If a driver does not have a valid driver's license, is acting carelessly while driving, and seriously injures or kills someone, this will result in a felony of the third degree. This is punishable by up to five years in prison and a fine of $5,000. 

In Florida there are many reasons as to why a driver’s license has been suspended, including the following:, including the following

• Failure to pay child support
• Failing to have car insurance
• Failure to pay any court costs or fines
• Failure to appear at a hearing
• Too many points on a driver’s license
• A driving violation that resulted in serious injury or death
• Fraudulent driver’s license
• Unpaid traffic tickets

Plea of Absentia 

A plea for absentia is often used when a defendant cannot make a court appearance. This often happens when a person is pulled over in a state they do not reside in. Your lawyer will appear in court with an affidavit on your behalf. At this time, fees, court costs, and fines will be established.  

Bench Warrants

A bench warrant has been issued by a judge who authorizes the arrest of a person who has committed a crime. These warrants result in the defendant not appearing in court when they were scheduled to do so. 

Musca Law Firm

If you have been charged with driving while your license was suspended or revoked, you will need legal representation. Please call Musca Law at (888) 484-5057 to represent you. Our firm has over 150 years of collective legal experience, which uniquely equips us to effectively represent you. We will fight for your rights to find a favorable outcome for your case. 

RESULT: The Musca Law defense attorney filed a Plea of Absentia on behalf of our client and successfully negotiated the matter without our client having to return to the state of Florida. The court set aside the Bench Warrant and withheld adjudication on the DWLSR charge.