Florida Statute 322.03- Drivers must be licensed; penalties

(1) Except as otherwise authorized in this chapter, a person may not drive any motor vehicle upon a highway in this state unless such person has a valid driver license issued under this chapter.(a) A person who drives a commercial motor vehicle may not receive a driver license unless and until he or she surrenders to the department all driver licenses in his or her possession issued to him or her by any other jurisdiction or makes an affidavit that he or she does not possess a driver license. Any such person who fails to surrender such licenses commits a noncriminal infraction, punishable as a moving violation as set forth in chapter 318. Any such person who makes a false affidavit concerning such licenses commits a misdemeanor of the first degree, punishable as provided in s. 775.082 or s. 775.083.(b) All surrendered licenses may be returned by the department to the issuing jurisdiction together with information that the licensee is now licensed in a new jurisdiction or may be destroyed by the department, which shall notify the issuing jurisdiction of such destruction. A person may not have more than one valid driver license at any time.(c) Part-time residents of this state issued a license that is valid within this state only under paragraph (b) as that paragraph existed before November 1, 2009, may continue to hold such license until the next issuance of a Florida driver license or identification card. Licenses that are identified as “Valid in Florida Only” may not be issued or renewed effective November 1, 2009. This paragraph expires June 30, 2017.(2) Prior to issuing a driver license, the department shall require any person who has been convicted two or more times of a violation of s. 316.193 or of a substantially similar alcohol-related or drug-related offense outside this state within the preceding 5 years, or who has been convicted of three or more such offenses within the preceding 10 years, to present proof of successful completion of or enrollment in a department-approved substance abuse education course. If the person fails to complete such education course within 90 days after issuance, the department shall cancel the license. Further, prior to issuing the driver license the department shall require such person to present proof of financial responsibility as provided in s. 324.031.

For the purposes of this paragraph, a previous conviction for violation of former s. 316.028, former s. 316.1931, or former s. 860.01 shall be considered a previous conviction for violation of s. 316.193.(3)(a) The department may not issue a commercial driver license to any person who is not a resident of this state.(b) A resident of this state who is required by the laws of this state to possess a commercial driver license may not operate a commercial motor vehicle in this state unless he or she possesses a valid commercial driver license issued by this state. Except as provided in paragraph (c), any person who violates this paragraph is guilty of a misdemeanor of the first degree, punishable as provided in s. 775.082 or s. 775.083.(c) Any person whose commercial driver license has been expired for a period of 30 days or less and who drives a commercial motor vehicle within this state is guilty of a nonmoving violation, punishable as provided in s. 318.18.(4) A person may not operate a motorcycle unless he or she holds a driver license that authorizes such operation, subject to the appropriate restrictions and endorsements.(5) It is a violation of this section for any person whose driver license has been expired for more than 6 months to operate a motor vehicle on the highways of this state.(6) A person who is charged with a violation of this section, other than a violation of paragraph (a) of subsection (1), may not be convicted if, prior to or at the time of his or her court or hearing appearance, the person produces in court or to the clerk of the court in which the charge is pending a driver license issued to him or her and valid at the time of his or her arrest. The clerk of the court is authorized to dismiss such case at any time prior to the defendant’s appearance in court. The clerk of the court may assess a fee of $5 for dismissing the case under this subsection.

Criminal Defense

Stand Your Ground
Smith & Eulo Law Firm, your Orlando Law Firm, experienced Orlando criminal defense attorneys, Orlando, Metrowest.

Florida’s “Stand Your Ground” Law has become a hot topic of conversation in Florida over the past few years. For Orlando Criminal Defense Lawyers, the Stand Your Ground Law is a powerful legal tool that can be a game changer on cases where self-defense is a viable option for our clients for several reasons. First, winning a Stand Your Ground Motion can result in the entire case. Also, Stand Your Ground Motions are decided on a preponderance of the evidence standard, which means that if your judge finds that it was 51% likely that you had a legal right to self-defense, you are immune from prosecution and the case is dismissed. Moreover, Stand Your Ground Motions can force the State to produce their witnesses to testify at a Stand Your Ground Hearing, which allows an Orlando Criminal Defense Attorney to lock in the testimony of the State’s witnesses and be fully aware of how they will testify in the event the case goes to trial.

As always, please contact an experienced Orlando Criminal Lawyer at the Smith & Eulo Law Firm if you have questions about your case. We are conveniently located in Metrowest, 7065 Westpointe Blvd, Suite 322, Orlando, FL 32835. You can call us directly at 407-930-8912, or email us at smithandeulo@gmail.com.

Smith & Eulo is “Your Path to Justice.”