If you have been arrested for driving with a license suspended, canceled or revoked contact an experienced Tampa driver license attorney to discuss ways to fight the case.
Under Florida Statute Section 322.34(2), in order to prove driving while license suspended, canceled or revoked with knowledge, the State must establish these elements beyond all reasonable doubt:
1. The accused knew that his license to drive was suspended, canceled or revoke,
2. While driving automobile on a public road within the State of Florida;
The issue of whether the accused had knowledge of the cancellation, suspension or revocation of the driver's license is a question to be determined by the jury from the evidence presented at trial.
Evidence that you knew that your Florida driver's license was suspended can include proof that the records of the Department of Highway Safety and Motor Vehicles (DHSMV) indicate notice of the revocation, cancellation or suspension was hand delivered to the accused.
Evidence that you knew your Florida's driver's license was suspended can include proof that the records of the DHSMV indicate that notice of the suspension, revocation, or cancellation was deposited in the mail and addressed to the accused at his last known address (but not in a case involving failure to pay a fine).
Evidence can include proof that the accused had previously been cited for DWLSR and his driver license had not thereafter been reinstated, then it may be shown that the accused knew of the suspension.
Evidence can include statements made by the accused that he knew his license was suspended, cancelled or revoked.