As a felony protection attorney in Fort Lauderdale, I'm conscious of many drivers inactive for the felony offense of Driving While License Suspended With Knowledge that declare that they had been unaware that their license was suspended. The related query is, "How can the State prove that the driver had actual knowledge that their license was suspended?"
In Florida, the felony offense of Driving While License Suspended With Knowledge, Fla. Stat. 322.34 reads in pertinent half: "(2) Any mortal who driving privilege has been cancelled, suspended, or revoked who, knowing of such cancellation, suspension, or annulment, drives any automotive fomite spell such privilege is cancelled, suspended or revoked... The element of knowledge is satisfied if the mortal has been antecedently cited for Driving While License Suspended, the driver admits to knowledge of the cancellation, suspension, or annulment, or the driver received notice of the cancellation, suspension, or annulment. There shall be a rebuttable presumption that the knowledge element is satisfied if a judgment or order appears in the department's records for any case (i.e. driving on a DUI suspension) except for one involving the suspension by the department for failure to pay a dealings fine or for a commercial enterprise responsibility violation." In Florida, if a mortal accumulates three (3) Driving While License Suspended fees inside 5 (5) years, the Department of Motor Vehicles (DMV) will droop their driver's license for a interval of 5 (5) years.
The data situation arises when DMV suspends a driver's license for failure to pay an impressive visitors ticket (i.e. dashing ticket) or monetary duty violation (i.e. lapse of insurance coverage). For instance, when regulation enforcement boodle a driver for a routine visitors violation they're advisable by means of their database that the drive is driving on a suspended license. Although regulation enforcement has the choice of citing the drive for Driving While License Suspended Without Knowledge, a non-criminal quotation; regulation enforcement frequently arrests the drive for Driving While License Suspended With data, a felony offense.
As justification for his or her arrest, regulation enforcement inevitably cites to Florida Statute 322.251(1), which states, partly, "All orders of cancellation, suspension or annulment shall be either given by mortalal delivery or by deposit in the United States mail self-addressed to the licencee at his or her last familiar address equipped to the department. Such posting by the department constitutes notification, and the failure by the mortal to receive the mail-clad order will not affect or stay the effective date of the cancellation, suspension or annulment." Seemingly, Florida Statute 322.251(1) imputes data of the suspension to the drive regardless whether or not the drive really obtained the suspension notification. In my expertise, such orders are not by a blame sigh given by private supply when it considerations a failure to pay an impressive visitors ticket; the orders are despatched through United States mail.
Due to the rising quantities of "junk mail" habitually discarded, it's no shock that many drivers declare they didn't obtain the suspension letter from DMV. This is assumptive that the suspension letter was really delivered or that DMV has the drive's appropriate handle on file. In the occasion that the drive doesn't obtain a suspension letter from DMV, it appears inherently unjust for the drive to be criminally chargeable for driving a car with a suspended license and/or doubtlessly face a 5 yr driver's license suspension. Additionally, Florida Statutes 322.34 and 322.251 appear to be in direct battle because it pertains to how the State is ready to show {that a} driver had "knowledge" of their suspension when the suspension is on account of a failure to pay a visitors tremendous or monetary duty violation.
Assuming the drive doesn't make any statements to regulation enforcement indicating data that that their license was suspended and that the unfinished suspension is on account of a failure to pay a visitors tremendous or monetary duty violation, an adept felony protection attorney might have the chance file a Motion to Dismiss to scale back the cost from the felony offense of Driving While License Suspended With Knowledge to the non-criminal quotation of Driving While License Suspended Without Knowledge. Case Law helps the proposition that the State can not show that the drive had precise data of the suspension for a failure to pay a visitors tremendous or monetary duty violation with out an admission of the identical
In Brown v. State,764 So.2nd 741 (Fla. 4th DCA, 2000) the Fourth District Court of Appeals upset the suspect's conviction for driving whereas license suspended because the State offered inadequate proof of "knowledge" of the crime. Specifically, the place the suspect's license was suspended for failure to pay visitors fines, the presumption of information of suspension created by an entry inside the Department of Motor Vehicles (DMV) data didn't apply, and thus the State, who relied on such presumption to supply data of the suspension, offered inadequate proof to help a conviction. The State did not current any proof that the suspect really obtained discover of the suspension, although the DMV data point out that discover of the suspension was mail-clad to Brown's handle. The Fourth District Court held that though there's proof that the discover of suspension was mail-clad to Brown, PR by statute, the posting of the suspension will not be proof that Brown really obtained discover of the suspension. As such, the Court couldn't maintain a discovering of precise data. As talked about beforehand, there shall be a rebuttable presumption that the data factor is glad if a judgment or order as offered in subdivision (4) seems inside the division's data for any case apart from one involving the suspension by the division for failure to pay a visitors tremendous or for a monetary duty violation. As the suspect didn't make assertion(s) to regulation enforcement indicating consciousness that his license was suspended, the State will probably be unable to show that the suspect obtained data of the suspension.
In an identical case, State v. O'Neal, 12 Fla. L. Weekly Supp. 868b (Fla. ninth Judicial Circuit, 2005), the ninth Judicial Circuit in and for Osceola County dominated in keeping with Brown. The O'Neal Court affirmed the decrease court docket's ruling granting a Motion to Dismiss the place the one proof of suspect's data of suspension proffered was submitted through a driving file notation. As in our case, the suspect made no admissions that he had data of the suspension. The foundation for the suspension was a failure to pay a visitors quotation. The Circuit Court held that the State's argument that the data factor is glad upon the admission into proof of the suspect's driving file that signifies [suspect] was despatched discover of the suspension was flawed.
Accordingly, inside the occasion you might be inactive for Driving While License Suspended With Knowledge in Florida, you will need to instantly contact an adept felony protection attorney to judge the particular details of your case and decide if a Motion to Dismiss is warranted.
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