Friday, July 17, 2015

RESOLVING "DRIVING WITH NO VALID DRIVER’S LICENSE" CASES


Driving with no valid license could mean several things: revoked, suspended, expired less than 6 months, expired more than 6 months, or no license at all. A lot of things can happen to people caught with no valid driver’s license. Driver could be arrested, cited for original violation, plus no license, and insurance. Vehicle could even be towed.

Know your Penalties
When with no valid driver’s license – whether the driver has a suspended or revoked license, or no license at all – is usually treated as a misdemeanor. In some states, driving with no valid driver’s license is not a crime unless the driving occurs on a public highway. In others, the location of the driving is irrelevant. Further charges are also given when driving with no valid driver’s license as your insurance may be invalid if you do not have a valid driver’s license. If you were caught without a license as a result of an accident then this is seriously bad news as you may have to pay damages to the 3rd party and the Police can impound your car and may even scrap it if you fail to produce proof of insurance with 14 days.

Determining Lawful Detainment
To lawfully detain a driver, an officer needs only a “reasonable suspicion” based on the facts of the situation that the motorist has violated the law. But if the officer doesn’t have “reasonable suspicion,” there is no legal authority for the stop, any evidence the officer learns or observes as a result of the detention will be inadmissible in court. Thus, a detention is illegal where the officer stops a vehicle because an unspecified hunch that you are driving with no valid driver’s license.

Dismissal of Charge
Upon request for dismissal of your citation, you must pay the appropriate fee and submit proof that the offense for which you have been charged has been corrected. The offense No Valid Proof of Vehicle Liability Insurance also qualifies for dismissal at no charge if the following conditions are met: Proof submitted that you were covered by a valid policy of vehicle liability insurance on the date and time of the offense.

Rick Silverman, P.A.
311 S Brevard Ave. Tampa, Florida 33606
(813) 871-1125

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