While most people are aware that there are penalties for being arrested while driving with a suspended or revoked license, few realize that their civil rights are still protected, even in the incident of an arrest, and that a violation of these rights by the arresting officer may negate the court's ability to convict them.
Furthermore, an criminal defense attorney can help even those clients that were properly charged negotiate a lesser punishment.
One major factor that judges use to determine appropriate punishment for driving on a suspended or revoked license is whether or not the driver was aware of the suspended/revoked status of their license.
If the driver still possessed their license at the time of arrest and can believably testify that they were not aware of its revocation or suspension, and if that revocation or suspension was the result of unpaid fines or a violation of financial responsibility, then the accused can avoid misdemeanor charges.
Otherwise, in all cases where the driver knowingly operated a motor vehicle with a suspended/revoked license, that driver is subject to misdemeanor charges.
In cases where the driver's license was permanently revoked, the driver is now subject to felony charges.
Likewise in any case where the driver knowingly operated a motor vehicle on a suspended/revoked license and that action resulted in property damage or personal injury the driver is subject to felony charges.
While driving on a suspended license may seem like a small infraction, the Florida state government takes these violations very seriously.
It is rare that a defendant without legal representation succeeds in evading or reducing these charges.
The clients of an Orlando criminal defense attorney on the other hand experience significantly better results when a lawyer represents them in court.