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My license expired on 5/11/2008. I was unaware it had expired but I realize this was my oversight. I was pulled over and written a ticket for a criminal offense under Statute 322.03 (5) and told I have to go to court. I already renewed my license. Is there some way I can avoid having to go to court? What are the potential penalties I will be facing?

From the Florida laws that we have read it appears that you will need to show up in court and be assessed penalties since your license was expired over 4 months.

Florida Statute 322.065 says that any person whose driver's license has been expired for 4 months or less and who drives a motor vehicle upon the highways of this state is guilty of an infraction and subject to the penalty provided in s. 318.18. FL Statute 318.18 notes that this is a $30 penalty payment.

You however were cited under Florida Statute 322.03 since your license had not been renewed within 4 months of the expiration date. Here the FL law notes that a person may not drive any motor vehicle upon a highway in this state unless such person has a valid driver's license under the provisions of this chapter.

Subsection 5 states that it is a violation of this section for any person whose driver's license has been expired for more than 4 months to operate a motor vehicle on the highways of this state.

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Subsection 6 says that 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's 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.

Since you only renewed your license after the ticket it would not appear that you could get the dismissal noted in Subsection 6 and thus will be penalties by the state for waiting to renew your driver's license.

Florida Statute 322.39 notes the penalties for breaking the driver's license laws of the state. Here it states:

(1) It is a misdemeanor for any person to violate any of the provisions of this chapter, unless such violation is declared to be otherwise by this chapter or other law of this state.

(2) Unless another penalty is provided in this chapter or by the laws of this state, a person convicted of a misdemeanor for the violation of a provision of this chapter is guilty of a misdemeanor of the second degree, punishable as provided in s. 775.082 or s. 775.083.

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Statute 755.82 notes that for a misdemeanor of the second degree, by a definite term of imprisonment not exceeding 60 days. Statute 755.083 states that it is a fine of $500, when the conviction is of a misdemeanor of the second degree or a noncriminal violation.

While it appears from these Florida laws that you will need to show up in court and receive penalties for driving with an expired Florida driver's license you can contact the court listed on your citation to see if there is any way to reduce the penalties since you have now taken care of the issue and renewed the license online at GoRenw.com.

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Car Insurance Related My Florida license was suspended in February for "financial liability". I cancelled my insurance in December because I took me car off the road. How long do you have after you cancel your insurance to obtain new insurance before they suspend your license? What do I do now?
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This car insurance answer was last updated 6:33 PM Dec-08.
This Save Money question was asked 02:46 PM December-3-2008.
Michael requested this car insurance help from CarInsurance.com experts.
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