If you’re pulled over in Florida and cannot produce your driver’s license, you receive a citation. However, there’s a difference between being unable to produce the license because you don’t have it with you and being unable to produce it because you don’t have a license, period.
Knowing the distinction between the two charges is important because one carries much steeper penalties than the other.
What is considered driving without a license?
Florida laws prohibit drivers from operating a motor vehicle (car, SUV, motorcycle, or commercial truck) without a valid driver’s license. A valid license from the Florida Department of Motor Vehicles is current and not suspended, canceled, expired, or with any other issues.
Penalties for driving without a license in Florida
It’s a crime to drive without a valid license in Florida, whether your immigration status doesn’t permit you to have one, you can’t pass the road or written tests, or you simply forgot to renew yours.
Driving without a non-commercial license
The charge is often referred to as No Valid DL, a second-degree misdemeanor. Penalties include:
- Up to 60 days in jail
- $500 fine
Your penalties may be steeper if there are aggravating circumstances in your charge, such as lying about having a valid license in another state.
Driving without a commercial license
Commercial drivers automatically face a first-degree misdemeanor and stiffer penalties for operating the truck without a license:
- One year in County Jail
- $1,000 fine
Causing injury when driving without a license
License-less drivers who cause a collision and hurt another person will be charged with a third-degree felony under the charge of driving without a License Causing Serious Bodily Injury or Death. Penalties for this include:
- Maximum sentence of 5 years in state prison
- Up to a $5,000 fine
Even if you didn’t cause the collision, you could still be in big trouble if you don’t have a driver’s license. A Florida car accident lawyer may be able to help with your situation.
What happens if I’m hit by an unlicensed driver?
All Florida drivers are required to carry Personal Injury Protection (PIP) policies with a minimum of $10,000 in coverage, so your first step will be to file a claim under your own insurance. Be sure to document the extent of the damages for your own insurance carrier, and let them know that an unlicensed driver hit you.
Your insurance company should pay your claim since Florida is a no-fault state for car accidents. However, you still have the legal right to pursue a claim against the other driver for your damages. Your insurance company may opt to file a suit against the driver, also known as a subrogation claim. Or, they may encourage you to file your own suit.
Driving without a license is a crime; if your suit goes to trial, the court may look less favorably on a defendant who was driving illegally and injured the plaintiff. However, your Florida car accident attorney must still prove that the unlicensed driver’s actions caused the crash for you to win your claim.
Out-of-state drivers
You’re not off the hook if you drive in Florida without a valid license from another state, though. Florida has reciprocity agreements with many other states, so the citation you get in Florida may lead to points on your license in your home state and possible criminal charges there, too.
What is considered driving without proof of license?
Let’s say you have a driver’s license but cannot prove it. What happens, then? In many cases, you’ll be issued either a warning or a ticket for a “correctable offense” and get the ticket dismissed if you bring your valid license to the county court offices.
What’s the difference between driving without a license vs. driving without proof of license?
Driving without a valid license is different from driving as a valid license holder. In the latter case, you may have no penalty at all.
But, if your license is suspended or revoked, you could have more serious problems. Driving on a suspended or revoked license is a Class 2 misdemeanor for a first-time charge; a second offense is a Class 3 misdemeanor. If you receive a third citation for driving on a suspended or revoked license, it’s a third-degree felony carrying jail time.
Florida driver’s license holders have an obligation to drive responsibly
When you receive your Florida driver’s license, you give implied consent to follow all traffic laws and drive safely. This includes following and understanding the rules of right-of-way and guided intersections, following the speed limit, and not drinking and driving.
To legally drive in Florida, you must obtain and retain a valid driver’s license. You must also be able to produce it if a law enforcement officer lawfully requests it.
If you’re having trouble passing a test for the license, the Florida Department of Motor Vehicles offers several resources online to help you learn enough about traffic laws to pass the written test and where to find a driver education course near you.
What should I do if I’m cited for driving without a license?
Even if you have a valid license and may need to present it to the Florida courts to have your citation dismissed, it’s still beneficial to check with a lawyer to ensure you won’t get in more trouble. However, you face serious legal consequences if you do not have a valid license, whether it’s suspended, expired, or canceled.
A skilled Florida traffic ticket lawyer can help prepare a defense against your charge, such as challenging the validity of the traffic stop, whether you were driving without a license vs. driving without proof of license. Or, if you are convicted, your lawyer can argue for a lighter penalty, such as probation instead of jail time, and lower fines. We can help. Contact Lytal, Reiter, Smith, Ivey & Fronrath today at (561) 655-1990 for a free consultation with an attorney.
