DWLSR with knowledge (driving with suspended license) but I have an reinstated licens

[kirby990]

What is the name of your state (only U.S. law)? Florida

Hello,

Basically my license got suspended for not going to school, I had a head injury and my school was really out to get me. Without even notifying me I had a suspended license.

I got pulled over, and ticketed with DWLSR with knowledge, 1st conviction which is a 2nd degree misdomener.

But I have my license back and it's full and clear.

I was wondering, on my court date can I just got in, plea nolo contendere and present my valid license so the case be dismissed and I just pay the state their fine?

My license was "SUSPENDED" on 1/20/09. Reinstated 07/29/09.

Any help would be benefical, since I seem to have nil. Thanks!

[I_Got_Banned]

While it might help your case by possibly getting the fines/penalties reduced, your having reinstated your license does not take away the fact that you were driving on a suspended license.

Under these circumstances, a "nolo contendre" plea is the same as a "guilty" plea. It will not have any effect on the outcome of your case.

[kirby990]

Originally Posted by I_Got_Banned

While it might help your case by possibly getting the fines/penalties reduced, your having reinstated your license does not take away the fact that you were driving on a suspended license.

Under these circumstances, a "nolo contendre" plea is the same as a "guilty" plea. It will not have any effect on the outcome of your case.

So it's very possible I'll get aressted and not be able to walk out the court room?

:| That's no fun. All I want is just to pay the state and tell them back off.

So, what should I do then?

[I_Got_Banned]

Originally Posted by kirby990

So it's very possible I'll get aressted and not be able to walk out the court room?

Post the specific statute number/description you were cited for and we'll see what the penalties are.

[kirby990]

322.34 2a. :\

[I_Got_Banned]

Originally Posted by kirby990

322.34 2a. :\

322.34 Driving while license suspended, revoked, canceled, or disqualified.--

(2) Any person whose driver's license or driving privilege has been canceled, suspended, or revoked as provided by law, except persons defined in s. 322.264, who, knowing of such cancellation, suspension, or revocation, drives any motor vehicle upon the highways of this state while such license or privilege is canceled, suspended, or revoked, upon:

(a) A first conviction is guilty of a misdemeanor of the second degree, punishable as provided in s. 775.082 or s. 775.083.

[URL=http://www.flsenate.gov/statutes/index.cfm?App_mode=Display_Statute&Search_String=&URL=Ch0322/SEC34.HTM]Statutes & Constitution :View Statutes : flsenate.gov[/url]

If you've ever been in prison before the 775.082(4)(b) applies:

775.082 Penalties; applicability of sentencing structures; mandatory minimum sentences for certain reoffenders previously released from prison.--

(4) A person who has been convicted of a designated misdemeanor may be sentenced as follows:

(b) For a misdemeanor of the second degree, by a definite term of imprisonment not exceeding 60 days.

775.082 [url=http://www.flsenate.gov/statutes/index.cfm?App_mode=Display_Statute&Search_String=&URL=Ch0775/Sec082.HTM]Statutes & Constitution :View Statutes : flsenate.gov[/url]

If you've never been to prison, then 775.083(e) applies:

775.083 Fines.--

(e) $500, when the conviction is of a misdemeanor of the second degree or a noncriminal violation.

775.083 [url=http://www.flsenate.gov/statutes/index.cfm?App_mode=Display_Statute&Search_String=&URL=Ch0775/Sec083.HTM]Statutes & Constitution :View Statutes : flsenate.gov[/url]

[kirby990]

Originally Posted by I_Got_Banned

If you've ever been in prison before the 775.082(4)(b) applies:


If you've never been to prison, then 775.083(e) applies:

oh..

so it seems I'd be paying the state 500$, fun fun for me.

That's a week of work just wasted hahaha. Oh well if it takes me out of jail

[I_Got_Banned]

Originally Posted by kirby990

That's a week of work just wasted

... and a good lesson learned not to be DWLSR...

[kirby990]

Originally Posted by I_Got_Banned

... and a good lesson learned not to be DWLSR...

Lets hope the proscuator isn't a mean one and try to go for the 60 day county jail. lol.

But cool, atleast everyone agrees :].

Now, what do you think I should say in court? No contest (nolo contendere) or would there be a better way?

[I_Got_Banned]

Originally Posted by kirby990

Now, what do you think I should say in court? No contest (nolo contendere) or would there be a better way?

"Nolo contendre"/"no contest" and unless you were involved in an accident where the other party might sue you, is the same as a "guilty" plea... Talk to the prosecutor and see what they have in store for you. If you have time, you might want to consider consulting with an attorney as well. They might give you an idea on how this particular charge is prosecuted.

[kirby990]

Originally Posted by I_Got_Banned

"Nolo contendre"/"no contest" and unless you were involved in an accident where the other party might sue you, is the same as a "guilty" plea... Talk to the prosecutor and see what they have in store for you. If you have time, you might want to consider consulting with an attorney as well. They might give you an idea on how this particular charge is prosecuted.

There was no accident, the copper pulled me over because of an "improper right turn" (I slowed down braked, and his crown vic was inches of hitting me I could see the shake off view through his windshield") but of course that dosen't matter even though this officer has been on the news QUITE alot latley which ended him up 10 days suspended lol.

Oh well, my luck haha. Who knows maybe I get super lucky and he skips court that day so it'd be dismissed. Prolly not, but I can wish!

So, I'll walk in, and plea no contest unless the proscuator has something better.

[kirby990]

Woot!

Got it over with yesterday, showed them my license and only had to pay 166$ for the ticket and thats it! No points, no drivers school and no nasty jail time.

It was funny though, everyone else that day was there for driving with a suspended license or a restricted license. lol.