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Felony Driving While Suspended

Driving with a suspended, revoked, disqualified or cancelled license is normally charged as a misdemeanor in Florida. However, certain circumstances can bump these charges up to the felony-level, which means lengthier prison sentences and steeper fines.

Having prior driving while suspended (DWLS) convictions or being labeled as a habitual traffic offender can enhance your charge to a felony. In either scenario, it’s recommended you have legal representation. A felony conviction is incredibly serious and could even impact you post-release. Many felons in society have issues obtaining employment, housing and maintaining close personal relationships.

Attorney for Felony DWLS in West Palm Beach, FL

A felony charge of DWLS is nothing to take lightly. You could be sentenced to prison, have your license revoked and endure the stigma associated with convicted felons. If you or someone you know has been charged with a driving while on a suspended license, it’s in your best interest to exercise your right to remain silent until you have legal representation.

West Palm Beach attorneys at Meltzer & Bell, P.A. are ready to defend you and your rights. Our team of attorneys want to use our vast experience with traffic law to your case. Call us today at (561) 557-8686 and we will set up your first consultation free. Meltzer & Bell, P.A. represents people throughout the greater Palm Beach county area including West Palm Beach, Jupiter, Delray Beach and Wellington.

Overview of Felony DWLS in Florida

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Why Did My License Get Suspended in Florida?

The state of Florida could have suspended, canceled, or disqualified your license for several reasons. Technically if you violate the directives of the court regarding a traffic offense you could be suspended. Most suspended licenses occur because the person was charged with a traffic misdemeanor or was in contempt.

Florida’s Department of Highway Safety and Motor Vehicles (DHSMV) handles all driving records and licensing in Florida. They determine who has their license by a points system. Having too many points on your record can lead to the suspension and even the eventual revocation of your license. DHSMV, however, does give a 10-day window for you to schedule a hearing and contest it in front of a hearing officer.

If you had accumulated 12 points within 12 months, then your license will be suspended up to 30 days. Accruing 18 points within 18 months will result in up to a three-month suspension term. However, if your record determines 24 points within 36 months, then you will be suspended for up to one year.

Some common traffic violations and crimes that can lead to a suspended license include:

  • Failure to pay traffic tickets;
  • Failure to submit a vision report (Inadequate/Field of Vision);
  • Having certain medical conditions;
  • Failure to appear in court;
  • Failure to complete court-ordered school;
  • 15 unexcused school absences in 90 days;
  • Being designated as an HTO;
  • Convictions for certain criminal traffic offenses;
  • Convictions for certain drug and theft offenses;
  • Convictions for driving under the influence (DUI);
  • Failing driving tests;
  • Failure to comply with traffic summons;
  • Failure to maintain automobile insurance;
  • Failure to pay child support;
  • Failure to pay civil judgment, court costs, or fines;
  • Non-DUI traffic violation resulting in death or serious bodily injury; or
  • Refusal to submit to DUI chemical test

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Driving on a Suspended License as an HTO

In Florida, having a felony DWLS charge means you did one of two things: had two prior DWLS convictions or was labeled as a habitual traffic offender (HTO). Habitual traffic offenders are identified by the Department of Highway Safety and Motor Vehicles (DHSMV) by their driving record. If you commit the following within 5 months, then DHSMV will label you as an HTO.

  • Three or more convictions for any of the following:
    • Voluntary or involuntary vehicular manslaughter;
    • Driving under the influence;
    • A felony where a vehicle was used during the crime;
    • Failing to stop and render aid after a crash that resulted in serious injury or death of another person;
    • Driving a commercial motor vehicle with a disqualified license; OR
  • Fifteen convictions for moving traffic offenses where points were applied

A moving traffic offense is simply a violation such as speeding and running a stop sign or light.

Habitual traffic offenders who have a suspended license will automatically be charged with a felony. The reasoning for this is because the state of Florida wants to punish reckless drivers and ensure their streets are safe for the public.

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Penalties for a Felony Driving with a Suspended License Charge in FL

Driving with a suspended license can become a serious charge due to certain circumstances. Having two prior DWLS convictions or being labeled as a habitual traffic offender could result in felony charges. The highest DWLS charge you can receive is a third-degree felony, which includes a maximum sentence of:

  • Up to five years in prison; and
  • A fine of up to $5,000

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Additional Resources

Florida’s Laws for Driving with a Suspended License – Visit the official website for the current Florida Statutes and learn more about the penalties for driving with a suspended license. Read in detail about the points system, how to accrue points and hardship licenses.

Traffic Violations – Visit the official site for the Palm Beach County clerk and learn more about traffic violations that can add points to your record. Access the site to learn more about red light camera violations, handicap parking tickets, no proof of insurance and others.

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Defense Lawyer for Felony DWLS in West Palm Beach, FL

If you or someone you know has been charged with DWLS on the felony-level, it’s not just suggested but necessary for you to hire an attorney. The penalties associated with felony charges are incredibly serious and do include prison time. For dedicated counsel with experience, call Meltzer & Bell, P.A..

At Meltzer & Bell, P.A., we will research and utilize all our resources to discover legal options for your case. Our attorneys have been practicing for decades collectively and can use this gathered knowledge to help you. Call us now at (561) 557-8686 to schedule your first consultation free.

Meltzer & Bell, P.A. represents people throughout the greater Palm Beach County area including Jupiter, Delray Beach, Palm Beach, West Palm Beach, and Delray Beach.

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Felony Possession Of Controlled Substance and DUI (Second Offense w/in 5)
The Defendant was charged with Felony Possession of Controlled Substance, punishable by 5 years in prison, and Driving Under the Influence, a second DUI offense within five years of a prior DUI conviction which carries a mandatory jail sentence and a five-year driver’s license revocation. The Defendant’s vehicle was stopped by Officer Malave of the Sunrise Police Department for repeatedly stopping and starting his vehicle near an intersection and for violating a flashing yellow light by stopping and remaining stationary at the intersection. Officer Malave approached the vehicle and made contact with the Defendant. Upon making contact with the Defendant, the Officer noticed that the defendant had the strong odor of an alcoholic beverage, bloodshot and watery eyes, slurred speech ; and the Defendant was incapable of formulating complete sentences. The Defendant would nod off in mid-sentence and was completely incoherent at times. After making those observations, Officer Malave, a female called for the assistance of two male officer’s due to the Defendant’s condition and physical size. The male officers loudly ordered the Defendant out of the car on multiple occasions, but the Defendant would not comply. The Officers attempted to forcibly remove the Defendant from the vehicle, but the Defendant resisted those efforts by bracing, pulling and stiffening his body so that the officers could not move him. The Defendant was slammed to the ground, which the officers took as a refusal to perform roadside exercises and then incorrectly read the Defendant implied consent, which only applies to breath tests. Officers noticed that there ere three cans of beer in the vehicle as well. The Defendant was arrested for DUI and was NOT taken to the Breath Testing Facility and DUI Room, but only the Broward County Main Jail. The Defendant was never asked to submit to a breath test. After the Defendant’s arrest, Officers discovered 27 pills located in a tackle box in the Defendant’s vehicle which ultimately were revealed to be anabolic steroids. Partner, Lawrence Meltzer of Meltzer & Bell prepared for trial. During preparation, the firm filed several Motions in Limine (Motions to Exclude Evidence) that asked the court to exclude any reference to roadside exercises or the Defendant’s alleged refusal top perform them as the Defendant was not offered the roadside exercises and, thus, never refused them. Additionally, the court was asked to exclude any mention of a refusal to submit to a breath test or failure to give on as, again, one was never offered. Finally, the court was asked to prohibit the State from discussing the anabolic steroids as such pills, although a controlled substance, are not those of an impairing or intoxicating nature. After receiving the Motion, the state conceded and was compelled to drop all DUI related charges. Meltzer & Bell was also able to have all felony drug charges dropped as well.
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Result:  Not Guilty
Driving Under the Influence
The Defendant was charged with Driving Under the Influence. Officers of the Davie Police Department were alerted by a concerned citizen that our client was leaving The Billiard Club, a pool bar, in an extremely intoxicated state and about to drive. The Officer approached the vehicle as the car was in reverse, ordered the Defendant to stop the vehicle and conducted a wellness check and noticed the Defendant had bloodshot eyes, the odor of an alcoholic beverage, and extremely slurred speech. Based on those observations, the officer asked the Defendant to perform roadside sobriety exercises, to which the defendant refused. The Defendant was placed under arrest for DUI and was asked to submit to a breath test, but, again refused. Lawrence Meltzer of Meltzer and Bell began to prepare for trial and researched case law in an effort to suppress or throw out the stop of the Defendant’s vehicle and all evidence that followed the stop as being unconstitutional and based upon a lack of reasonable suspicion as the Defendant had done nothing to justify her vehicle being stopped. The firm and Mr. Meltzer researched a similar factual scenario in State v. Sliviak in which the stop was suppressed based upon a lack of reasonable suspicion of criminal activity in an almost identical situation. This case law was presented to the State prior to trial. Upon receiving it, the State agreed and dropped the DUI charge.
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Result:  Charges Dropped
REFUSAL TO SUBMIT TO TESTING
The Defendant was observed by Officer Troy Murdock of the Coral Springs Police Department traveling 55 in a 40mph and weaving uncontrollably to the extent traffic began to slow in order to evade her. The officer activated his emergency lights in order to stop the Defendant, however, she did not until she was forced to because of a traffic backup at the intersection of Riverside Drive and Coral Springs Drive. Upon making contact with the Defendant, the officer noticed the defendant to have an extremely strong odor of an alcoholic beverage; that she could not handle or identify her vehicle documentation and that her speech was extremely slurred and that she was disoriented to the point where she was nodding off in front of the officer. When asked if she knew how fast she was moving the defendant responded by saying “I was doing 99.9”. The Defendant was asked to exit the vehicle and could not place the car in park. Upon exiting the vehicle, the Defendant almost fell into oncoming traffic and had to be saved by the officer. The Defendant could not maintain her balance and was disheveled in her appearance. The defendant refused to perform roadside exercises and later refused a breath test. The defendant had previously been arrested for DUI and previously had her licensed suspended for refusing a breath test and admitted to “having some vodkas”. Meltzer & Bell, once again, proceeded to trial. At trial, our attorneys were able to demonstrate that the officer was not truthful in his testimony through the use of photographs and google satellite photos, and based upon the testimony of the client.
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Result:  DUI Dismissed
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This past year I bought myself a new toy. It’s the third bike I’ve owned, so ‘Im familiar with the tickets that come with it. So far Steven Bell, Esq. has had my reckless driving reduced to a $50 fine and driving school-no points and a complete dismissal of criminal charges. Had my driving without a license dropped-no points. And a 30 over speeding ticket to a fine and driving school-no points. I’d have to say this law-firm handles their own. If your looking for a stress free way of handling your tickets call Meltzer and Bell PA, “The Traffic Stop”.

L.J.
19 Aug 2023

Meltzer and Bell, P.A., “The Traffic Stop,” really went above and beyond in their representation of me in Osceola County on my speeding ticket. They may possibly be THE BEST traffic lawyers I’ve ever encountered. Be sure to send your friends and family to the Meltzer and Bell, P.A., “The Traffic Stop,” for their traffic ticket and DUI needs. I can’t believe that they got the result that they did. Quite simply, they are the most professional firm that I have ever dealt with, and their level of expertise and communication is unparalleled.

I sincerely thank you for everything.

J.N.
27 Jul 2023

I just had to commend you on the outstanding job you did on behalf of your client in court yesterday. If my clients were ever to ask me if I know of a good DUI defense attorney, I know to whom I can refer them!

A.A.
14 Jun 2023

I just wanted to thank you for taking care of my ticket for me. I am thrilled with the outcome and I will definitely refer you to all my family and friends! Thank you so much!

C.W.
05 May 2023

Thank you Meltzer and Bell, The Traffic Stop, for handling my recent accident case. You did an amazing job in getting my case dismissed and saved me TONS of money in the long run. I will always recommend your services to anyone who wants the job done right!

K.R.
25 Apr 2023
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