Driving with a suspended license: Three things to know

Often, if you’ve committed a criminal traffic offense, the penalties can be steep and mean suspension of your driver’s license. Of course, this means that you cannot legally drive for a certain period, since a license is mandatory to operate a vehicle.

But, there are times when a driver will ignore the suspended license penalty and drive anyway. In the state of Florida, driving with a suspended license can result in severe and life-altering consequences. Florida Statute 322.34 defines a Driving While Suspended License offense as ‘driving a motor vehicle on a Florida highway while knowingly having a suspended or revoked license.’ Punishment for this charge can be severe, mainly depending on the driver’s history of offenses.

See three things below that you should know when it comes to driving with a suspended license.

A suspended license is often the result of another charge.

Typically, a license is suspended if the driver has committed a serious criminal traffic offense. This can include driving under the influence (DUI), reckless driving, or accumulating too many points on the license from previous traffic stops and violations. For example, if you accumulate 24 points on your license within three years, you could be subject to a one-year suspension of your license. The length of time the driver’s license is suspended will vary depending on the charge and circumstances.

A suspended license is also different from a revoked license, which is often the result of poor vision or ability to drive safely. A license can also be revoked if the driver is a habitual traffic offender.

The penalties can vary substantially – and be severe.

As mentioned, the punishment for driving with a suspended license can be severe and depends on the prior charges a driver has faced. For example, suppose a driver receives three or more convictions for driving with a suspended license within five years. In that case, they may be classified as a habitual traffic offender and potentially lose driving privileges for up to five years. A first conviction for this charge is considered a second-degree misdemeanor and can result in a fine of up to $500 and up to 60 days of jail time. A second conviction is a first-degree misdemeanor and can result in a fine of up to $1,000 and up to one year in county jail.

In the event of a third conviction for driving with a suspended license, the driver is now facing a third-degree felony and can face a fine of up to $5,000 and up to five years in Florida state prison.

An experienced attorney is vital if you’re charged.

If you’ve driven with a suspended license and are facing charges, you’ll need an experienced attorney to represent you in court. An attorney can craft potential strategies to build a solid defense, and in fact, an excellent criminal defense attorney may even attend court dates on your behalf. At the office of attorney Joseph Knape, we work diligently to resolve these cases and ensure you receive personal attention and guidance specific to your situation. If you’re considering a defense attorney to assist you in your defense, call us at 850-225-5563 or set up a consultation online.

Leaving The Scene of an Accident: Four Things You Should Know

Car accidents are prevalent – in fact, the Florida Department of Highway Safety and Motor Vehicles reported over 400,000 car crashes in the state in 2018 alone. And in many cases of car accidents, able drivers will immediately stop to see if the other driver is all right, as well as to call 911, examine any damage and stay to give a statement to police. But, in some cases, a driver may have an automatic instinct to flee the scene.

Often, leaving the scene of an accident is referred to as a “hit-and-run,” in which one driver, typically the at-fault party, flees the accident without providing sufficient information on the crash or providing help. See four things below that you should know about hit-and-runs and leaving the scene.

What Florida law says about hit-and-runs

In the state of Florida, leaving the scene of an accident is regarded as a criminal traffic offense. To convict a driver of a hit-and-run, there are two elements that the prosecutor must prove. The first is that an accident or crash occurred, and it must have involved another person’s property, which could be another vehicle, structure, or building. The second part is that the driver left the scene of the accident without providing their information, including name, address, registration, driver’s license, and any applicable insurance to the owner of the damaged property. If the owner of the damaged property is not available at the scene, then the duty to report the crash falls on the nearest law enforcement agency.

Consequences of leaving the scene

In cases where there is only property damage, the charge of a hit-and-run is punishable as a second-degree misdemeanor, for which the maximum penalty is 60 days in jail, a $500 fine, and/or six months of supervised probation. A conviction for this charge also carries six points on the driving record for the defendant. In cases where there is an injury, the crime is a third-degree felony, which is punishable by up to five years in prison, a $5,000 fine and/or five years of probation. In the extreme and unfortunate cases where there is a death, the crime is a first-degree felony with a minimum jail sentence of 21 months and a maximum sentence of 30 years, a $10,000 fine, and/or 30 years of probation.

‘Willfully’ is subject to determination.

In the statute outlining hit-and-run laws, the term that is most highly scrutinized and subject to defense by an experienced criminal defense attorney is “willfully.” In some cases, there is a lack of knowledge or proof that an accident happened, and unless the driver admitted to knowing they were involved in an accident, this charge can’t necessarily be proven. However, circumstantial evidence and witness statements could also disprove a ‘lack of knowledge’ defense.

Why you need an attorney

If you’ve left the scene of an accident and are facing charges, you’ll need an experienced hit and run attorney to represent you in court. An attorney can craft potential strategies to build a solid defense, and in fact, an excellent criminal defense attorney may even attend court dates on your behalf. At the office of attorney Joseph Knape, we work diligently to resolve these cases and ensure you receive personal attention and guidance specific to your case.

If you’re considering a defense attorney to assist you in your defense, call us at 850-225-5563 or set up a consultation online.

DUIs: Driver’s license suspensions and insurance

A DUI is a serious charge and isn’t taken lightly in the state of Florida. When it comes to a DUI charge, a driver faces multiple potential penalties, including jail time, fines, vehicle impoundment, and community service. And one of the most common is the suspension of the driver’s license. A driver’s license can be suspended for a multitude of reasons, such as point accumulation, failure to pay tickets, or inadequate vision. But when it comes to a DUI charge, the license can be suspended much more easily than in other situations. Additionally, another subsequent hurdle that drivers convicted of DUI charges face is raised insurance rates and premiums that require extra steps to become insured.

Length of suspensions

When it comes to a driver’s license suspension in a DUI case, the length of the suspension depends on the circumstances and how many times that driver has committed a DUI. For a first DUI conviction, a driver will be suspended for at least six months. Oftentimes, it’s likely that the license had been suspended by the DHSMV for the driver either refusing to submit to the breathalyzer or providing a breath sample above the legal limit. For a second DUI conviction that’s taken place more than five years before the first, the suspension is still a minimum of six months, however, the driver will likely face a longer suspension period. If the second conviction happens within five years of the previous charge, the minimum suspension spikes to five years.

Reinstating a driver’s license

To reinstate a revoked license, a driver may need to perform several tasks. According to the Florida Department of Highway Safety and Motor Vehicles, depending on the conviction and circumstances, the driver might need to complete DUI school and remain under a supervision program. The DUI school enrollment typically must be done within a certain timeframe. The driver may also need to pay fees or even appear in court to reinstate a suspended license for a DUI charge. In more severe DUI cases that resulted in injury or death, the driver may never have their driver’s license reinstated.

Auto insurance and DUIs

All drivers are required to hold car insurance, so naturally, a DUI and license suspension can affect insurance premiums, since rates are typically based on the driver and their history. According to Esurance, a prior record of DUI convictions indicates to insurance companies that the driver has engaged in high-risk and dangerous driving behavior, and therefore will charge a higher premium. The precise amount will depend on the specific situation, but a past DUI conviction can cause insurance premiums to spike by hundreds of dollars.

Certificate of Financial Responsibility

Suppose a driver has previously displayed high-risk or dangerous driving behavior, such as a DUI or reckless driving. In that case, they may be required to complete a Certificate of Financial Responsibility when they go to obtain auto insurance. With auto insurance companies, these are known as SR-22/SR-44 forms. Once the driver has received a quote from the company, they will begin the process of completing the form. Typically, the insurance company will file the form on behalf of the driver for a fee.

Are you or someone you know facing a DUI charge and suspended driver’s license? You need an experienced DUI attorney by your side to fight for you and build a solid defense. Call us at the offices of attorney Joseph Knape at 850-225-5563 or set up a free consultation online.

When it comes to divorce or separation, there are many different challenges a couple faces. And when alimony or child support factor into the equation, the employment state of a spouse can further complicate matters. See below for four key financial facts to know when it comes to family law, alimony and child support.

Determining alimony starts with need
Alimony, which is also known as “spousal support,” is a husband’s or wife’s court-ordered provision for a spouse after separation or divorce. Alimony is a way of financial support provided mainly by the working spouse to the other party. And in order for alimony to be considered, the court states that there must be a demonstrated “need” and a demonstrated “ability to pay.”

Alimony and child support depend on various factors
When it comes to determining spousal or child support, multiple factors are taken into account. In alimony, it could be the length of the marriage, the financial resources of each spouse or their financial contributions, or the couple’s standard of living during marriage. The court will assess an alimony or child support once getting the full financial picture of the couple and each party. Additionally, there are different types of alimony, ranging from temporary and rehabilitative to “bridge the gap” and permanent. The type, again, depends on the couple in the case.

With child support, the court will estimate the monthly costs that would be spent on the children if the family were still united. Once the total is determined, the payments are divided between the parents based on their respective incomes and other parental factors, like custody, medical insurance and more.

Orlando alimony attorney Joseph Knape provides the many factors that a court takes into account when evaluating clients’ unique alimony and divorce cases. In these difficult proceedings, it’s important to have an experienced attorney by your side.

Evaluating spousal or child support isn’t black and white
As part of determining income for alimony or child support cases, naturally the court looks at how much each party makes. However, this can get murky with individuals who are self-employed or not currently in a position of full-time work, since their details might be more difficult to outline and sort out.

Underemployment can cause complications – including possible fraud
Like mentioned, sometimes lawyers and courts struggle when a person in a child support or alimony case doesn’t have a standard W-2 income or isn’t working full time. While there are many people who choose to work part-time, there are situations in which a spouse utilizes temporary underemployment in order to show less earned money. This is known as “voluntary underemployment.” In some cases, this is considered fraud on the court, and can lead to consequences that end up having the court revisit calculations at a later date to potentially determine attorney’s fees and contempt of court. It should be noted that voluntary underemployment must be proven in a court of law.

Have questions about spousal or child support and your case? Call us at the offices of attorney Joseph Knape at 850-225-5563 or set up a free consultation online.