Starting July 1, Florida drivers caught driving without a valid license will face more than a simple traffic ticket. The new House Bill 35 amends Florida Statute § 322.264 to include driving without a valid license as a qualifying offense for habitual traffic offender status. This change, highlighted by StechLaw Criminal Defense, could have serious consequences for drivers who accumulate offenses over a five-year period.
Under the previous law, driving on an expired or never-renewed license did not count toward habitual offender status. Now, it does. A driver who reaches the threshold of qualifying offenses within five years will face a five-year revocation of their driving privileges. This revocation can have a cascading effect, impacting employment and daily life. Additionally, driving after a revocation is a felony, not a mere traffic infraction, which carries potential jail time and a permanent criminal record.
The new offense also interacts with other suspensions, such as those following a DUI charge, potentially extending the time a driver is off the road. Because these charges accumulate on a person's record, a Tampa traffic violations lawyer can challenge the individual offenses behind a revocation and work to keep a driver below the number that triggers one. For drivers who already have offenses on their record, the stakes are high. An open case is best resolved before July 1, and anyone facing traffic or criminal charges can contact StechLaw Criminal Defense for a confidential consultation.
Ben Stechschulte, a board-certified criminal trial lawyer and former prosecutor, leads StechLaw Criminal Defense. The firm handles a wide range of cases, including DUI defense, drug charges, domestic violence, theft crimes, white collar offenses, and juvenile defense, in both state and federal courts. Attorney Stechschulte is one of fewer than 2% of Florida attorneys to hold board certification in criminal trial law.
Drivers should be aware that this law closes a loophole that previously allowed them to avoid habitual offender status by simply letting their license lapse. Now, every instance of driving without a valid license counts toward the threshold, which can be as few as three offenses within five years for certain violations. This change underscores the importance of maintaining a valid license and addressing any outstanding traffic citations promptly.
For those who are already at risk of reaching the habitual offender threshold, legal representation is crucial. An experienced attorney can review past offenses, identify any that were improperly counted, and negotiate or litigate to prevent a revocation. The consequences of a revocation are severe, but with proper legal guidance, drivers may be able to protect their driving privileges and avoid the long-term consequences of this new law.
