If you are convicted for driving a commercial vehicle without a valid commercial driver’s license, then it’s possible that you may be facing charges for your actions. The charges for these cases differ depending on several different factors involved. It’s important to note that driving with a suspended or a revoked commercial license differs from a no-valid commercial license charge. This is because both charges are different and, as such, have their own appropriate charges.
If you have been driving a commercial vehicle with no valid commercial license and received charges as a result, then the charge against you requires no proof of knowledge. The State of Florida’s only responsibility in these cases is to prove that the driver was driving a commercial vehicle without the proper license to do so.
However, even if the DMV provides your certified driving record as evidence to show the lack of a driver’s license in court, this may not be enough. They have to be able to prove beyond a doubt that you were driving without a license at the time you were pulled over in order to prove the charges. Florida Statute 322.03 explains that there are three types of a commercial driver’s license, Class A, B, and C, which are only valid if they have not been suspended, canceled, expired, or revoked by the State of Florida.
In the State of Florida, it’s considered a serious traffic violation to be driving a commercial vehicle with no valid commercial license. However, if it’s your first offense, you will likely be able to apply and obtain a commercial driver’s license in the future. You will only be disqualified from being able to obtain a commercial driver’s license if you commit the offense again within three years of the first charge. If you commit three offenses within a period of three years, then you may be disqualified from driving a commercial vehicle for up to 120 days. You could also be charged with a first-degree misdemeanor, spend up to one year incarcerated, and receive a fine of up to $1,000.
If you are facing any of the charges mentioned above and have been charged for driving a commercial vehicle with no valid license, then you may need a Port Charlotte criminal defense attorney in order to help you with your case. The Law Place has over 75-years of combined experience when it comes to the Florida law system and offers a free consultation for any case.
So contact us today at (941) 444-4444. Phone lines are open 24/7.
No Valid Commercial License vs. Suspended or Revoked Commercial License in Port Charlotte, FL.
In the State of Florida, being charged for driving with no valid commercial license is different from driving with a suspended or revoked commercial license. The nature and consequences of these charges differ quite a bit in the eyes of the law.
If you committed a no valid commercial license offense, this does not require proof of knowledge to press a charge. The only thing the state needs to prove in these cases is that the driver was driving without a valid commercial license. The prosecutors will likely attempt to prove, using records from the DMV, that the driver’s commercial license wasn’t valid for whatever reason. However, even this does 100% prove that the driver is guilty of the charge at the time of being pulled over.
If you have committed a commercial license offense by driving with a revoked or suspended commercial driver’s license, then a conviction will not count toward classifying the driver as a habitual traffic offender (HTO) in Port Charlotte, Florida. If a driver is caught on the roads three or more times with a revoked or suspended license over the course of 5 years, then the driver could lose their license altogether for a period of up to 5 years. The consequences of driving with a suspended or revoked commercial license differ from driving with no commercial license charge.
Given the nature of all of these charges, it’s important, if you find yourself charged for driving in Port Charlotte with a suspended license, revoked license, or no commercial driver’s license, that you find a capable and experienced criminal defense attorney to help you with your case. The Law Place has many criminal defense lawyers who have experience with commercial license cases and will work day and night for your case.
Types of Driver’s Licenses in Port Charlotte, FL.
There are seven types of driver’s licenses that are issued by the Florida Department of Highway Safety and Motor Vehicles (FHSMV).
Teenagers usually receive their learner’s or provisional license before earning a Class E license, which is a license that allows for non-commercial driving, e.g., a car or motorcycle.
Truck and bus drivers require a commercial driver’s license as they are classed as commercial drivers. Motorcyclists need to apply for a motorcycle endorsement, which will then be added to their Class E License in order to drive a motorcycle legally. Other kinds of vehicles may require different types of endorsements.
Class E Learner’s License
A learner driver will receive a Class E learner’s license. This allows for people to learn to drive in non-commercial vehicles, but they must follow the following rules and regulations whilst driving, as they don’t own a full license yet:
- Within the first three months of having the permit, the driver is only allowed to drive within daylight hours.
- After these first three months, the driver may be allowed to drive up until 10 pm.
- The driver must be accompanied by an adult driver who has held a license for over three years and is above the age of 21 years old.
- The vehicle has to be non-commercial and can only weigh up to 8,000 pounds.
If you have obtained a learner’s permit, you must have already passed the drug and alcohol course. You can complete the four-hour course online.
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If you have been charged with a no valid commercial license charge, then it’s advised that you seek experienced legal counsel. At The Law Place, we have over 75 years of combined experience and knowledge in defending cases such as no valid commercial license charges for clients in Port Charlotte and across the State of Florida.
If you choose to be represented by us, then a criminal defense attorney will explain the entire process to you and what you might expect of us in return. They will help talk you through the details of your case and, more importantly, help you to navigate the tricky law system in Florida. This includes handling all of the details of your case and paperwork on your behalf.
These cases can be very common in Florida, and as such, you will need a well-structured defense before you even enter the courtroom. That is what we aim to achieve with your case. So reach out to The Law Place today and schedule a free consultation with an experienced criminal defense attorney.
Contact us today at (941) 444-4444. Phone lines are open 24/7.
