DWLS Driving While License Suspended, Revoked or Canceled Attorney Fl Statute 322.34
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- čas přidán 10. 09. 2015
- Im Roger P. Foley and I'm here to talk to you about driving while license suspended, revoked or cancelled. Its the most common charge in the State of Florida. Can you believe that?! At least based on my experience. So how does that happen? You could get a traffic ticket and forget to pay it, then your license becomes suspended. You can have a court date, failure to appear and they give you a D6 suspension which means they suspend your drivers license. If you forget to pay your insurance and you're late on your insurance payments, gets who gets notified? The Department of Motor Vehicle right here in Florida and what do they do...they suspend your license. Oh you've got children and you no longer are with the mom and you forgot to pay. Failure to pay child support can cause your drivers license to be suspended or revoked. There are 2 different types: Theres driving while license is suspended with knowledge and driving while suspended without knowledge. Well the one with knowledge if you are mentally cognizant that your license was suspended. Thats the most severe. Thats a misdemeanor and the first time that you're charged with it you face maximum 60 days in jail. Second time you face a maximum of 1 year. Third time if you're convicted you're facing 5 years in Florida state prison. Whats the alternative? The alternative is without knowledge. Officer pulls you over and your license is suspended and you tell officer you didnt realize it was suspended, thats without knowledge and thats a traffic infraction. Here's the kicker to that: They give you the paper ticket to sign and they tell you that you pay the ticket, you pay the fine and you send it in. Well thats not what you want to do. If you have a driving while license is suspended without knowledge and you just send in a payment then you get an adjudication meaning you are found guilty on that traffic infraction but for transportation laws involving driving in the state of Florida, if you do that, that counts as one strike against you and if you get 3 strikes whether its driving with knowledge, without knowledge or a DUI any combination of those 3 within a 5 year period then you lose your license for 5 years. So if you receive a traffic ticket for driving while license suspended without knowledge, do not pay it. Either go to court and pay it yourself or hire a criminal defense attorney like myself, if you are charged with driving while license suspended with knowledge then seek out a criminal defense attorney like myself who knows the laws. Perhaps we can get that charge changed, perhaps we can get it dismissed on a technicality. No offense but you might not be able to do that on your own without knowing the intricacies of Florida law. Im Roger P. Foley and if you need me for driving while license suspended, infraction or criminal charge, call me.
DWLS is the most common charge in the state of Florida, in my opinion. See Florida Statute 322.34. There are many causes to having a suspended license and there are two types of Driving While License Charges. One type is a traffic infraction and one is a criminal charge. Both types can cause you big problems. I frequently help people that have 5 year suspensions because they did realize the ramifications of the basic ticket or they thought it was a basic ticket. It can cause all sorts of problems and police tell you that you can just pay the infraction. You can but it will likely cause problems. The criminal charge always requires a court appearance. Listen to this video and pay close attention. DWLS can happen to anyone but the result of the case depends on what you do after you receive it.
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For all those that are commenting about right to travel etc., this video does not address that! This is basic information about DWLS in Florida. Driving While License Suspended. It does not say anything about Right to drive it talks about those that once had a valid dl and now don't. This applies to those that have a drivers license that they applied for, signed a contract to have, and for whatever reason their license has been suspended. This video does not address those that choose not to have a drivers license or those that surrender their license voluntarily. I have never been sought out to fight the battle for those that want to surrender their license or renounce their sovereign immunity or choose not to have a drivers license. I will deal with those issues when I am paid to do so. I will not comment on things that I have not researched. If you can do drive without a dl or a license plate then all power to you. I have plates on my vehicles and carry a drivers license. My choice. Your choice to do what you wish. When you are arrested, I willa ccept your money to research your desired defense. They did not teach me about the right to travel at the University of Miami School of Law. They either did not know or are part of the big conspiracy too. Have a great day.
What if your never pulled over. The police came to my house hours after they "saw me driving" and left a note on the door telling me to go to the station and get my citation but i was never stopped by police in any car
What about if he comes to your home a week later with the same infraction claiming he made mistake and had you sign the form again is that a technicality?
I just got off the phone with this lawyer he's a good man and gave me some good pointers if u need help and u wanted someone that's going too help u get out of the mess u made don't think twice give him a call asap i promise u u will not be let down im finna give him a thumbs ☝ up
Hi my sixteen year old was stoppped with a suspended permit and he has court what will happen ?
Learn Your Constitution America!
2:55 "seek an attorney like me who "noos da laws"
(a) A "'driver," as defined for Motor Carrier Act jurisdiction (49 CFR parts 390-395; Ex parte No. ... MC-4, 1 M.C.C. 1), is an individual who drives a motor vehicle in transportation which is, within the meaning of the Motor Carrier Act, in interstate or foreign commerce. The federal definition of motor vehicle - The term "motor vehicle" means every description of carriage or other contrivance propelled or drawn by mechanical power used for commercial purposes on highways in the transportation of passengers and property, or property or cargo. [USC02] 18 USC Ch. 2 AIRCRAFT AND MOTOR VEHICLES. Hope this helps people understand!
I want to write a letter to the judge on regards to this so how may I use this I have 8 months left out of my 5 year suspension
Can u help me on a case in texas?
This is incorrect, DWLS without knowledge does not count towards HTO.
If you pay it, you are adjudicated guilty and IT DOES COUNT AGAINST you for HTO. If I am wrong please advise. Thank you
Right to travel? The government will simply just say.....There are many ways to travel you can get a taxi/Uber catch a bus ride a bike or walk.... Travel all you want. The government doesn't' care about you. Once you realize this it's very sobering.
I was pulled over & didn't realize that my license was suspended 2 years ago.
Unpaid traffic ticket that WE had forgotten or we didn't receive the letter before we moved. What is going to happen? What should I do?
Did I miss an unknown court date too?
I don't remember if the cop had Mr sign anything
hi boss I have a trial on 12/13/16 , I was pull over for driving while suspended but I received the DMV letter 4 days after I was pulled over I when to court and told the judge but he wouldn't listen he insisted to tell him if i was gilty or not I told him I can't plea guilty for something I didn't know so he gave a trial date listed above. my question is what are my odds by going by myself since I cannot afford an attorney.
thank you in advance.
the odds are a little better than zero doing it yourself. Use the public defender if you cant afford an attorney. If what you say is true then that is a solid defense. The date of the letter and teh envelope maile din are your evidence. You can always call the offfice we will work a payment plan if the case is local. If not at last ask for a pd. best of luck.
The Law Offices of Roger P. Foley, P.A. thank you for your time.
john smith If you mail it back, the court knows you got it.
Please help! I had my license suspended for getting behind on child support. I got pulled over twice one was driving suspended without and the other was knowing. I honestly didn't know both times. The 2nd the suspension was supposed to be lifted because I got back on track on my payments. I have a job that I have been trying to land for 10 months and am now freaking OUT that they are going to find this with their background check. I want this off of my record before they run it! Please help if possible. State of Florida.
I got pulled over 12 times and my license is suspended in to do until 2024 and I would like to get my suspension off to try to get a license but I don't know what to do none of them are DUI driving or doing crazy stuff everytime was getting pulled over trying to go to work or stuff like that and I'm clueless and what should I do
You would check with DMV to see if you can acquire a hardship license.
Angelita Vasquez that is in the discretion of police. In Florida they can arrest you by either giving you a notice to appear or by physically arresting you and taking you to jail. If arrested the vehicle is usually towed.
Hey I just got a DWSL for a lapse in insurance. Got pulled over, they took my tags and license. However, the notification that they said they sent went to an address that I was not living at, anymore. I have yet to set a court date, what should I do?
Hire an attorney. Your responsibility to update your address with dmv and postal service but I’m sure it can get cleared up.
Know the Law, never plead guilty. Always APPEAL, APPEAL, APPEAL Remember police don't know the Law like an Attorney!! maybe like a first grader.
What is all this 'no need for a DL under the U.S. Constitution'? Traveling in a private vehicle etc?
Will Za how you know that
FW you're so fucking stupid, once again! You're not understanding, its all trickery! The words you just typed are all commercial words, "operate" Motor Vehicle" the word Motor Vehicle, means a Vehicle in business for profit! And all your BMV revised codes, are for commerce, not a private citizen that is just traveling! I've been studying this for 2 years now, I know all about it, and yes I travel everyday with no drivers license, and no license plates! Nobody's In jail! And I hope they do yank me outta my own private Automobile car one day, because after I explain to a jury how my civil rights were violated, and the officers kidnapped me, for legally traveling, Bet your dick, it's a 100k check in my pocket! Dude if you have any technical questions I can answer all them, like I said I've been doing this for two years, religiously!
@FW in Florida In the "State of Florida" If you believe you are in a State of anything then you are under their jurisdiction. You are actually in the territory of Florida. (outside of their jurisdiction) Government uses phrases to pull you in. Look it up. it's a company. (State of Florida) How are in in a company?
@FW in Florida You think you know what you are talking about but you don't. You do realize your passport is what you need to travel throughout the 50 states and international. The passport trumps any DL of any state. From your idiot response you are saying if I travel into another state then I need a DL for that state also? That is not possible because you would need a residence in that state to get a DL. So now your conspiracy theory falls apart.
What if you got DWLS (without knowledge) and you pay the ticket and the fines.. will the dmv give you your license after paying their fines.. and will I be in more trouble for paying it?
no you need a clerks withhold. Specifically request.
can you go to jail if you get caught cheating on driving licence test lol
Traveling in private property
wat is that
You forgot the part about colour of office and the constitutional right to travel.
Tell me more
Please
Don't bother wasting time or money with National Drivers Registry. After nearly a month I still haven't found out the status of my drivers license after paying $20 and notarizing a form with my personal information.
Did you ever get any response from the national registry? I know they Think of themselves as gods.
and I know the state of Florida? Only wants to take your driver's license and Throw you in jail or prison.
"6 as in the number 6"
My license got suspended and I haven’t even gotten pulled over
check with dmv and ask why it was suspended. they will explain. if it was a mistake they will correct.
You forgot the right to travel under us supreme court no license plate or registration or insurance all 50 states right to travel is a common law if the state converts a right into a crime you can engang in impunity all is dismissed
Just don’t drive without license . Got it .
So should a person refuse to sign the ticket or not??
Never refuse to sign a ticket. Always sign a ticket. Signing a ticket is not an admission of guilt. Signing acknowledges that you revived the ticket. If it’s with driving with knowledge that your license is suspended or revoked, it’s a promise to appear in court. All battles with police are in court not In the street. Save your energy. If you do not sign a ticket, you can be arrested.
@@thelawofficesofrogerp.fole7886 yes but if arrested they just bring you in front of a magistrate. Is that correct? Either way your gonna be in court. Better to get it over with sooner than later. In my opinion
i just got my car towed i am so upset and mad
Foreighn sorry to hear that. If you are in our area and need help we are available.
HERE YOU GO IDAHO MOTOR VEHICLE DRIVER’S LICENSES
49-302§(4) Any person is EXEMPT from obtaining a class A, B or C license to operate a commercial vehicle which is exclusively used to transport personal possessions or family members for non-business or recreational purposes.
HERE IS INDIANA AS WELL
Indiana Code 9-18-2-22. Additional fees, licenses, permits, and numbers prohibited; exception Sec. 22. A person that: (1) owns a motor vehicle, EXCEPT a person that owns a truck or motor vehicle used in transporting passengers or property for hire; and (2) has obtained a certificate of registration under this title; is not required to pay another license fee, obtain any other license or permit to use or operate the motor vehicle on the highways, or display upon the motor vehicle any other number other than the number issued by the bureau. As added by P.L.2-1991, SEC.6. Amended by P.L.198-2016, SEC.268. formerly IC 9-1-4-15
EVERY STATE HAS A SIMILAR CODE START READING
ARE YOU GONNA BE AN HONEST ENOUGH ATTORNEY TO TELL PEOPLE THE TRUTH THAT DRIVING IS A REGULATED OCCUPATION FOR HIRE
David, hang it up. Idaho code 49-302(4) says people who own RVs made out of tour buses, horse trailers that have to be towed by Freightliners, and other really big rigs, who just use them for their own personal pleasure, can drive them on regular driver's licenses. (Class A, B and C are commercial driver's licenses - Class A is for rigs with trailers that gross out over 10,000 pounds, Class B is for straight trucks or combination rigs with trailers under 10,000, and Class C is for small buses and hazardous materials haulers.) The Indiana code you referenced says the guys with the big horse haulers don't have to get federal operating authority for them. Neither one says you can drive a car without a license under any circumstance. Do you really think that if the state of Idaho, or Indiana or anywhere else, wanted people driving around with no licenses they would write a law like Idaho Code 49-301, which very clearly states "No one shall drive any motor vehicle upon a highway unless he has a current and valid driver's license"?
Get a license, you worthless fool.
Can't prove im wrong about a license is for those who operate for hire so you try and throw insults, but your as worthless at that as you are at showing i am wrong. Throwing insults only shows you cant prove different; so like a child you have to try and distract from the facts with insults. Go get facts and grow up or get the diaper & Binky you so dearly need and want cause your incapable of providing facts, like us Adults. So save your insults and fits for the school yard with the rest of the children.
I had a DWLS with knowledge in 08 and another in 2014 if I get another DWLS with knowledge almost 10 year later from my first will that habitual me.
the rule is 3 within 5. However, work to keep a clear license. If you have a combination of 3 dui or dwls within 5 years you will be revoked for 5 years.
Are you not aware that we do NOT need a drivers license for NON commercial purposes? "Driving" is a CONSTITUTIONAL RIGHT. The term "Driving" is actually a commercial term. "Traveling" would be the legal term when driving without a license. I am a New Yorker with a "Revoked" license. I can own register, insure and operate any form of vehicle on our highways, including Florida's, and be well within my Rights. The NYS DMV issued me a "Notice of Restoration" to use while they electronically sent a copy of this notice to my insurance company when they decided all on their own to cancel my policy because I had a "revoked" license. While I am suing the Head Underwriter for making that decision, the ins co's competitor is insuring my vehicles. In short, you CANNOT license a Right. We do not need a drivers license, a license plate or "forced" insurance. Anybody doing time in Florida for "traveling" has a nice civil suit if they have an attorney that is aware of these Constitutional facts. While you are on CZcams, look it up.
CovidImages need to be invested more than half19
Should've done another take without the spit opening
Come on man you think you're smart you say you know the law why don't you make a video explaining people how to beat a no driver's license case
This the comment I'm looking for
I've thought of a good proactive solution to this epidemic. Vehicles should be equipped with license scanners, which you have to scan the bar code on your driver's license in order to start the vehicle. They could pass legislation that would at first require all new vehicles to be equipped with this device, and eventually pass legislation that would require older vehicles to have the device installed. That's a proactive way to keep unlicensed drivers from getting out on the road.
Illegal drivers often "hit and run" if they get into an accident. They also lead police on high speed chases, or even shoot police officers who stop them.
very interesting idea and possible.
yeah good idea. This is a better idea! Let him them put a micro chip in our skin and if you leave your house at all, then it will blow up. We don't need it installed on the car. This will stop people from traveling also. This is a better idea because it will only stop you from traveling because we need our government to tell us what to do and when we can or cannot travel. Give up a little essential liberty for small promised security, you deserve neither.
@@ericwilliard7093 you have got that absolutely correct! Seems to be another lockdown mask mandate in the works. They are trying their best to get US under control. I can’t wear mask but I wouldn’t if I could! Store had sign masks required and I asked what were they going to do if I didn’t wear one & shopped anyway? The clerks looked at each other and said they weren’t going to do anything. I went in and did my shopping. I did it everywhere I went. Other customers wearing masks would give me dirty looks and I would look back, point & laugh. Those who were verbal with accusations that I was endangering their lives, I would very loudly reply that if they felt their masks were protecting them, they should have no fear of me. Yet, I should be the one complaining because I didn’t know if idiocy was contagious from them being in the same State as me. Too, if they looked around they should find minds everywhere because so many people had lost their’s, too. Ppl didn’t notice no flu season over a year now unless they realized bat shit flu. WTH is wrong with ppl? Are they scared of their shadows? I found it ironic when I gave a cashier wearing a mask cash & she opened the cash register, put the cash I had given her into register & gave me change back. I told her she was not going to make it as a career criminal and should choose another career. I said a person wearing a mask at a cash register does not put cash into register, the idea was to take all of it out, and she should have not given me change. She was laughing when she realized the reality of the situation. SMH!😂 It’s beyond any logical thought process I know. The 1st time in US history ppl have been told by govt to put on a mask & the ppl muzzle themselves!😳 And how far shall stupidity reach when panic buying of TP 🧻 for upper respiratory virus? Then, again, when media says only Lysol kills deadly virus germ.🤦♀️ I had a dr appt & arrived seeing receptionist sitting outside the dr’s office. I approached & she asked my name & handed me a surgical mask to put on & instructions to stand outside until I was called to enter bldg. I told her of my disability that I could not wear mask. Flustered she went inside & returned. I approached her & asked what was going on. I was told I couldn’t see the dr if no mask. Okay, I accepted the challenge. Let me hold it in front of my face? I didn’t have it close to my face when I was called in. Walked up to regular reception & said to unmasked employee that I was sure she needed to see my new insurance card. Yes, she did. I had to lay mask on counter to get my Ins card out. Dr came & told me to come back & I said I was waiting for Ins card to be returned. He wasn’t wearing a mask & he didn’t say anything about me not wearing one. Next unmasked nurse called me to weigh me & get info. She didn’t seem to notice my unmasked face. Ahhh, then unmasked dr enters exam room & is asking questions. I said to him “are you going to have me arrested?” He was surprised & asked why? I admitted I wasn’t wearing a mask. Yet, neither was he, so who should call who about what? His blood pressure must have risen, he turned beet red. He was trying to leave exam room but I informed him I had paid for 20 minutes of his time & I intended to get my money’s worth! I wouldn’t have cared if we sat & stared at each other for 20 minutes but I was going to let him know he wasn’t God & I was there to tell him! Any other time, I would have walked away at the mention of wearing a mask but I saw older ppl having to wear masks & stand outside in 100 degrees heat with 2pm sun. I got very angry at the situation of elderly patients who were ill, not with covid crap, having to stand outside a dr’s office in that heat & high humidity! Not allowed to go inside to sit in AC while waiting to be seen per scheduled appt time which had passed. Someone had to say something & I didn’t care who tried to stop me, I was going to let that SOB know what I thought of him. I will never return to that dr & I tell everyone I know that he is incompetent & an asshole. I had a problem with a Rent-a-cop at hospital where I was going to get copies of my records as I had been a patient in that hospital for a week, 2 weeks prior(during which time they attempted to mask me in ER. I threw mask on floor & with bleeding ulcer & dehydrated, I threatened anyone to try again)never wearing a mask at all. Even when discharged. Didn’t see staff wearing masks & housekeeping was not doing anything when coming in my room & a mask was on bathroom floor (not mine) when I arrived in room & in same place when I was released a week later. I had to ask a nurse to clean blood from underneath the table used for eating, etc.. because it wasn’t mine & it was making me nauseous looking at it every time I opened my eyes. She couldn’t believe it, she put on gloves & removed with disinfectant. Disgusting! My total experience was disgustingly unprofessional, especially for a hospital. I was released with ulcer still bleeding, no dietary instructions & they were aware I lived alone, yet did not arrange for any home health care. Too, no visitors allowed. Not logical at all, considering I knew no one who was as careless & dirty as them. Only proved to me that I was right about the hoax, it was bat shit flu. Further contact with members of numerous medical communities verified truth of every death being entered covid as COD on death certificates per mandates from administration. Lay offs of nurses, not shortage. Several hospitals’ staff stating no covid patients nor deaths. The ppl believing the media lies fed the evil amongst US. Friend who had vaccine is now sick & told me of many vaccinated people dying. If that special friend dies from vaccine, I am going to go ballistic. I cried when he told me he had been vaccinated. Now my heart is breaking for him. One of the best ppl I know. Always doing for others, so kind & compassionate and now sick. He is never sick. Eats healthy, exercises, feeds birds & any stray animals, he leaves food for them. SMH. What really irritates me is the self proclaimed Christians! Dedicated church attendees who quit going to church because of fear of flu. It’s going to be interesting to see, if I live to see it, when judgment day comes & they may be asked if they did not trust God to keep them safe from harm? Or when death knocks on their doors & it’s not covid. These same ppl have read how Jesus died & they fear death from illness? Muzzle their faces, muffle their voices. I don’t want to die any time soon but I am willing to fight for my children, grandchildren, & others to come, for them to have a chance in life. You can’t fix stupid but you can teach lessons that won’t be forgotten. God Bless America 🇺🇸, land that I love. And thankful for all the freedoms I have enjoyed here. May the future be saved from the Evil. Children are the future. BTW, I don’t think that “Jacky” is going to understand your sarcasm. I totally understand it but you might not want to get your hopes up! Her/him may be living on Mars, at least mentally, and traveled there in a Tesla electric space ship!🤣🤣 Wonder how many extension cords bought for the trip?🤣🤣
@Jacky Claiborne please don’t try to think anymore. You aren’t very good at it! Are you in an insane asylum? If not, I wish someone would have you committed to one. Your “idea” is one of the most idiotic proposals I’ve ever read. If you think it’s a great idea, you might be happier in a Communist Country! Do you know where vehicles are being manufactured in 2021, & many years prior? Are you familiar with NAFTA? You may not have noticed all the auto related workers & steel workers & others who lost their jobs because of NAFTA! Do you buy “Made in the USA” items? Or are you a fan of China, Mexico, Canada, Indonesia, ….. products which are of such great quality? You do all your shopping at Walmart? Are you so ignorant that you aren’t aware of the devices required to start vehicles of those with Driving Under the Influence of alcohol convictions? They exist, have been in existence for a while. Have you ever heard the expression of it being better to keep your mouth shut & let others wonder if you are stupid, than to open it and remove all doubt? Let that sink in!
@@thelawofficesofrogerp.fole7886 is this firm still practicing law? Your reply to this reply is quite disconcerting to me. An attorney who is unaware of the US Constitution and the reason it was written? You are a licensed Attorney at Law in the State of Florida, specializing in Criminal Law?