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Violation of Driver License Restriction in Florida

Under Florida Statute 322.16(1)(c), the crime of Violation of Driver License Restriction is committed when a person drives in violation of a license restriction imposed by a court or the Florida Department of Highway Safety and Motor Vehicles.

Types of Driver License Restrictions

Florida has three types of Driver License Restrictions that may be imposed on a person:

  1. Business Purposes Only: A restriction that limits driving to that necessary to maintain a livelihood, including driving to and from work, necessary on-the-job driving, driving for educational purposes, and driving for church and for medical purposes.
  2. Employment Purposes Only: A restriction that limits driving to and from work and any necessary on-the-job driving required by an employer or occupation.
  3. Time and Purpose of Use: A restrictions that limits driving to specific time frames or specific purposes.

Penalties for Violation of Driver License Restriction

The crime of Violation of Driver License Restriction is a Second Degree Misdemeanor in Florida.

If convicted of Violation of Driver License Restriction, 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 Violation of Driver License Restriction

In addition to the pretrial defenses and trial defenses that can be raised in any criminal case, specific defenses to the crime of Violation of Driver License Restriction are:

Driving for Livelihood

A person whose license is restricted to Business Purposes Only can drive for any reason related to maintaining a livelihood. Such driving has been interpreted to mean driving related to employment, educational needs, the maintenance of housing, the obtaining of food and clothing, addressing health care needs, or driving for similar subsistence related concerns. [1]

Contact Criminal Defense Attorney Richard Hornsby

If you have been arrested or charged with the crime of Violation of Driver License Restriction in Central Florida or the Greater Orlando area, contact Orlando 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. Vilches v. State, 12 Fla. L. Weekly Supp. 530a (Fla. Dade Cty. Ct. 2005)