Driving While License Suspended Cases Are Extremely Difficult To Win At Trial.
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- čas přidán 28. 08. 2024
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28.11 DRIVING [WHILE [LICENSE] [DRIVING PRIVILEGE] SUSPENDED, REVOKED OR CANCELED] [OR] [UNDER SUSPENSION OR REVOCATION EQUIVALENT STATUS] WITH KNOWLEDGE
§ 322.34(2), Fla. Stat.
To prove the crime of Driving [While [License] [Driving Privilege] was [Suspended] [Revoked] [Canceled]] [Under Suspension or Revocation Equivalent Status], the State must prove the following three elements beyond a reasonable doubt:
1. (Defendant) drove a motor vehicle upon a highway in this state.
Give as applicable.
2. At that time,
a. [his] [her] [license] [driving privilege] was [suspended] [revoked] [canceled].
b. [he] [she] was under suspension or revocation equivalent status.
Give as applicable.
3. At that time, (defendant) knew that
a. [his] [her] [license] [driving privilege] was [suspended] [revoked] [canceled].
b. [he] [she] was under suspension or revocation equivalent status.
Whether (defendant) knew of the [suspension] [revocation] [cancellation] [suspension or revocation equivalent status] is a question to be determined by you from the evidence.
Give as applicable. See § 322.251(1), (2), and § 322.34(2),(3),(4), Fla. Stat.
Proof that there exists an entry in the records of the Department of Highway Safety and Motor Vehicles showing that notice of the [suspension] [revocation] [cancellation] was given by personal delivery is proof that such notice was given.
Proof that there exists an entry in the records of the Department of Highway Safety and Motor Vehicles showing that notice of the [suspension] [revocation] [cancellation] was deposited in United States mail, first class, postage prepaid, addressed to the licensee at [his] [her] last known mailing address furnished to the department, is proof that such notice was sent.
If you find that (defendant) had been previously cited for driving [while license [suspended] [revoked] [canceled] and [his] [her] license had not been reinstated, you may conclude that (defendant) knew of the [suspension] [revocation] [cancellation].
If you find that (defendant) admitted to knowing of the [suspension] [revocation] [cancellation] [suspension or revocation equivalent status], you may conclude that (defendant) knew of the [suspension] [revocation] [cancellation] [suspension or revocation equivalent status].
If you find that (defendant) had received a traffic citation that contained a provision notifying (defendant) that [his] [her] license [had been suspended, revoked, or canceled] [was under suspension or revocation equivalent status], you may conclude that (defendant) knew of the [suspension] [revocation] [cancellation] [suspension or revocation equivalent status].
Do not give if the suspension was for failure to pay a traffic fine or for a financial responsibility violation. See § 322.34(2) and § 322.251(1), (2), Fla. Stat.
If you find that (defendant) had received a [judgment] [order] rendered by [a court] [an adjudicatory body] which contained a provision notifying (defendant) that [his] [her] license had been [suspended] [revoked] [canceled], you may conclude that (defendant) knew of the [suspension] [revocation] [cancellation].
If you find that the records of the Department of Highway Safety and Motor Vehicles include a [judgment] [order] rendered by [a court] [an adjudicatory body] that contains a provision notifying (defendant) that [his] [her] license [had been [suspended] [revoked] [canceled]] [was under suspension or revocation equivalent status], you may conclude that (defendant) knew [his] [her] license was [suspended] [revoked] [canceled] [under suspension or revocation equivalent status]. You may accept or reject the inference depending upon the circumstances of the crime and the facts presented at trial.
1yr for suspension is crazy idc what anybody says shouldn't even be given probation for it cost an fine that's it.
Exactly . Crazy is the word. .
its all scams tint tickets speeding tickets etc
You are a great soul and a good lawyer, much blessings to you 🕊️🙏🕊️
I have a smart defence. In Vermont, if the officer does not fill out the ticket properly, it is easy to get it dismissed. My daughter got one dismissed by doing that. Several times (more than ten), she was stopped because "her license was suspended". Except her license was not suspended. The Vt DMV had somehow stupidly attached another woman's driver's license to my daughter's registration. Same first and last name, different middle initial, different birthdate, different address. It got to be a joke for cops to stop her because we knew what happened. This was at the same time as the actual suspension. My daughter did not pay a ticket so she got a 10 day suspension. However, since she proved that the other woman's license was attached to her registration, the cop could not determine who the suspension actually belonged to. And, she did it without a lawyer.
how about missspell the names, would this be a reason for a dismisal ?
@@Ra-xg7kf Sometimes misspelled names do cause dismissals
What if they pulled over for revoked license when you weren't driving u were on the side of the road
We have the right to travel
Yeah, by foot. Using a car is classified as a privilege. Try to remember. THE PEOPLE THAT YOU, or your grand daddy. Elected, the law makers. To implement these laws. Simply that. If you don't like call your state representative to go and Washington and petition a change. But , first you'll have to lobby an extensive list from all of your community . My going door to door getting signatures. To prove that the community is requesting a significant change. And, watch how many people are willing to sign it. Probably, one.
Absolutely tickets are absolute scams
Both of you need your cars totaled by someone who's not insured, and also not valid to drive. Driving is a privilege, not a right!
Nope right to travel doesn’t mean right to operate a car without license. That argument never works in court
I currently have a suspended DL in Louisiana due to lapses in insurance coverage going back to 2018. I currently owe $12,000 in fines and the DMV requires a 25% down payment to get on a payment plan to reinstate driving privileges. Is there anything a lawyer can do to help lower the fines? Thanks!
I'm in the same spot bro
I got a seatbelt ticket, my phone was dead I couldn’t show insurance. I paid the ticket. I got a letter in the mail saying pay the bmv or license will be suspended. I paid. I was driving dropping a friend off, a cop thought he know me so he pulled me over for no reason said “i thought i knew you” then asked for my id and my buddy’s id came back said my license was suspended and that he pulled me over because my license plate stickers weren’t reflecting. Do I pled not guilty and fight the fact that the reason for the stop in the first place was false?
Most young people dont understand that simply having a car that runs and drives isnt enough to just start driving. If you dont have a valid drivers license, car insurance, inspection and registration, then your only buying yourself more potential legal problems! Someone without all these things, them having a car is only gonna introduce serious legal problems into theyre lives and wont help them at all. If all you can afford is simply putting gas in the car to make it go, THEN STAY THE HELL OFF THE ROADS! You are nothing but a rolling liability that can easily be sued in court for any type of accident when you dont meet the legal requirements to operate said motor vehicle! All the sovereign idiots that wanna post comments like "its our right to travel" are just dumb! Yes your right, you do have the right to travel, but not to drive! Get a bike or buy a bus ticket, you'll save yourself from lots of legal troubles down the road for not endangering others by driving without meeting all the legal requirements! Driving is a privilege and NOT A RIGHT!!!
Dude...not in Milwaukee!!!!! Look up "The Kia Boys."
How good would your defense be if it’s your first time and the ticket that led to the suspension was ultimately dismissed?
there is no defense.there is just pleading it out, thats what he is literally saying here. you cannot defend against it unless DDS/DMV literally entered the wrong info and suspended the wrong license (im sure it has happened, but never heard of it). to answer your question, chances of a great plea in your favor are extremely high
@@johndonovan7018 I have a hearing coming up. The ticket that led to the suspension was dismissed after receiving a ticket for a suspended license.
The original ticket should have been dismissed before and a suspension altogether avoided but due to issues with the court SIPOPA system, the evidence wasn’t caught on time for the hearing.
There is proof that evidence was submitted on time which is why the original was ultimately dismissed.
sounds like you have little to worry about. cant fathom a judge not dismissing the charge in this situation. however
now here even if a ticket/offense is pending they can send notice to suspend to DDS. sometimes that suspension is mandatory, sometimes the court sends it for some reason (usually fta). DDS then sends you a notice of intent to suspend and then you have to appeal that notice to the DDS or the suspension does go through.
certainly check your state laws in depth. i wouldnt expect it but if they want to ruin your day they totally can. if you know what they can do that will help you decide if an attorney is worth it. 1000$ is way cheaper than having a suspension on your record @@nxvx9208
Man they just buying time DUH
This will be a mess that all there doing is making a mess
So how do you determine driving? I understand that it's a commercial jurisdiction? licence is driving for hire or reward? No?
Nope thats a sovereign citizen fiction they made up. Don’t listen to anyone who says that
What does invoked successfully mean
we have the right to fly
Office of road and rail act 1933? Section 9 subsection 2. Notwithstanding that a vehicle is an authorised vehicle, the conditions of a licence shall not apply while the vehicle is being used for any purpose for which it might lawfully be used without the authority of a licence.?.
Just like any contract you violated the contract
But all contracts must be entered into willingly, knowingly, and voluntarily. And any contracts which are unilaterally beneficial are presumed to be void.
So, with that said, were the social contracts that I am presumed to have entered into done so with full disclosure? I say they have not, and much of what is done to us is done so by deception and fraud.
Make sure you let them know sign your signature All rights reserved
How do you know if your license is suspended?
You can go to dl check in Florida. Mist states have similar website.
You will know when you see blue and red lights twirling in your rearview...
@@dennismcclelland8196 This is when you waited too long.
Simple dont get a license as it is to do something Commercial to make money. No license applied for means no consent given to go by their rules. Supreme Court cases have ruled driving is a right not a privilege by a license unless your making Mone! Wake up Americans, until we all stand together this will continue. We the people pay for the roads to travel freely as our rights. Police and State Troopers are Foreign Corporations that operate for Profit and operate outside the Constitution. Research it if you dont believe me.
Seriously you are promoting Sov/Cit crap?
Because that is all it is....CRAP.
So me one case where you won in court and overturned a Judge's Ruling.
Driving is a PRIVILADGE and NOT a Right.
The truth
Nope you are absolutely lying. You consent to the rules as soon as you operate a car on the public road. Nothing you’re saying is based in law or reality its a sovereign citizen fiction. Supreme court never ruled you don’t need a license to drive a car. Commerce or not you need a license
Your a bad lawyer. You can win.
share your defense strategies
It's too easy- pay the fines, do what you need to do and DON'T drive with a suspended license.
Thats how a nazi would put it.. or a democrat!
Yep, its not rocket science.