Criminal Defense
Since 1993
Since 1993
CAN YOU GO TO JAIL FOR DRIVING ON A SUSPENDED LICENSE IN CENTRAL FLORIDA? FAQs
Q: Can I go to jail for driving on a suspended license?
A: Yes, going to jail for driving on a suspended license is possible, but it largely depends on three key factors. Typically, first offenders do not go to jail, but repeat offenders are at risk. Here’s what you need to consider:
Q: What are the reasons my license was suspended?
A: The reason for your license suspension significantly affects whether you might face jail time. For example:
- Serious Offenses: If your license was suspended due to a serious offense like DUI manslaughter (killing someone while driving under the influence), there’s a high likelihood of jail time for driving on that suspended license.
- Financial Hardship: If your license was suspended because you couldn’t afford to pay a parking ticket, jail time is less likely. Judges tend to be more lenient in cases stemming from financial hardship.
Q: How does my driving record affect the likelihood of jail time?
A: Your driving record is another crucial factor. The more prior driving on suspended license offenses you have, the higher the chances of facing jail time. For instance:
- Repeat Offenses: If you have multiple previous offenses for driving on a suspended license or other criminal driving offenses like leaving the scene of an accident or DUI, you’re more likely to face jail time.
- Judicial Discretion: Judges have different thresholds for what they consider too many offenses. Some might jail you after three offenses, while others might wait until you have six.
Q: How does the judge assigned to my case influence the outcome?
A: The judge handling your case can significantly impact whether you face jail time. Different judges have different approaches:
- Lenient Judges: Some judges, like the late Judge Scott Palogna in Central Florida, had policies against jailing individuals for driving on a suspended license. He just wouldn’t do it.
- Strict Judges: Other judges frequently impose jail sentences for such offenses. Knowing the tendencies of the judge assigned to your case is crucial, and an experienced attorney familiar with local judges can be invaluable.
Q: Can I avoid jail time before my court date?
A: Yes, there’s a possibility of avoiding jail time by utilizing the “clerk’s option.” This involves getting your license reinstated before your first court date. Not everyone qualifies for this option, but it’s a fantastic loophole if you do. I’ve written an article and created a video about this process—check out my “Clerk’s Option” videos to see if you qualify.
Q: What should I do if I’m facing charges for driving on a suspended license in Central Florida?
A: If you’re facing charges for driving on a suspended license in Central Florida, hiring an experienced attorney who knows the local judges and can navigate the specific nuances of your case is essential. And in case you haven’t already figured this out yet, I’m hoping that you’re going to call our office. John has been defending these accusations since 1993. That’s a long time. We can help you understand your options, potentially get your license reinstated, and work towards avoiding jail time. If you find yourself in this situation in Orange, Seminole, Osceola, Brevard, Lake, or Volusia counties, contact my office. My name is John Guidry, and I am here to help you through this challenging time and achieve the best possible outcome for your case.