OK, so you’re zipping through the parking lot at Publix. You run the stop sign. You assume that since you are on private property, the police are not going to give you a ticket. NOT SO FAST. While the police may not routinely patrol parking lots looking for traffic violations, if they are there and observe the offense, you are probably going to get a ticket.

Anyway, below is the excerpt from a recent Advisory Legal Opinion of the Attorney General of Florida that confirms that municipal police in Florida are authorized under state law to enforce traffic laws on private property “whereever the public has a right to travel by motor vehicle.”  The Opinion also allows such enforcement on private roads under certain circumstances:

“This office has previously stated that the provisions of Chapter 316, Florida Statutes, are enforceable on private property only when the public has a right to travel by motor vehicle on such property.[2] This conclusion was based on the language of section 316.640, Florida Statutes, which provides, in part, that counties and municipalities shall enforce state traffic laws on all streets and highways “wherever the public has the right to travel by motor vehicle.”[3] It is the availability of the area or place for travel and the right of general and common use that makes certain private property subject to public
control pursuant to Chapter 316, Florida Statutes.

“Thus, municipalities have enforcement authority with respect to traffic violations and accidents occurring on “private property” where the public has the right to travel by motor vehicle, such as in shopping centers and parking lots. In 1987, however, section 316.006,
Florida Statutes, was amended to supply additional authority for municipal law enforcement officers to enforce traffic laws on certain private property.[4] As amended, section 316.006 (2)(b), Florida Statutes, provides:

“‘A municipality may exercise jurisdiction over any private road or roads, or over any limited access road or roads owned or controlled by a special district, located within its boundaries if the municipality and party or parties owning or controlling such road or roads provide, by written agreement approved by the governing body of the municipality, for municipal traffic control jurisdiction over the road or roads encompassed by such agreement. . . . ‘”

Alexander Truluck focuses his practice as a criminal defense attorney in Clearwater, Palm Harbor, Largo, Dunedin and the Tampa Bay area.

For more information, visit our website at http://www.criminallawyerclearwaterflorida.com
or call (727) 799-3550.

Under Section 322.34, Florida Statutes, a first offense for driving with a suspended license (with knowledge of the suspension, revocation, or cancellation) can result in 60 days jail and a fine of up to $500.00. A second offense may be charged as a first degree misdemeanor, which carries a maximum penalty of 1 year in jail. A third offense in Florida may result in felony charges, with up to 5 years in prison and maximum fine of $5,000.

If this third offense and two previous offenses occur within a five year period, you will be labeled by the Department of Highway Safety and Motor Vehicles (Department of Motor Vehicles) as a Habitual Traffic Offender. Habitual Traffic Offender (HTO) status results in a five-year driver’s license revocation. A person classified as a Habitual Traffic Offender cannot even obtain a hardship license until a full year has elapsed from their most recent conviction.

Reasons for a License Suspension

There are a number of reasons for the Department of Highway Safety and Motor Vehicles to suspend a Florida driver’s license. Common examples can include the following:
.Points suspensions;
.Child support delinquency;
.DUI arrest or conviction;
.Habitual Traffic Offender classification;
.Failure to pay fines, court judgments, or court costs;
.Failure to appear in court;
.Failure to maintain continuous insurance;
.Drug-related convictions;
.Plea to a racing on highways charge;
.DUI Refusal.

An experienced criminal defense lawyer is an invaluable resource for explaining the reasons for the suspension or revocation and opening options to have the suspension / revocation lifted. If your Florida license is suspended, call us today to find out why.

Defenses to Driving With Suspended License

There are many defenses and strategies available to defeat a suspended license charge or to minimize potential penalties. Common examples include:
.Legal challenges to the validity of the traffic stop;
.The accused was not driving;
.The accused did not know of the suspension, cancellation, or revocation;
.The accused was not driving on a public highway. For additional information on this topic, see our sample Motion to Dismiss Suspended License Charge web page;
.The vehicle is not a “motor vehicle” for purposes of the driver’s license statute;
.The accused Florida driver’s license had been reinstated or adequate reason existed to believe it had been reinstated;
.Vacating prior Driving with Suspended License convictions so as to secure the State’s agreement to amend the charge to No Valid Driver’s License.

Where there are no viable defenses available, we seek to negotiate with the prosecution to have the charge amended to No Valid Florida Driver’s License or, in some cases, to a civil citation (failure to display). This most often occurs in cases where there is a minimal driving record, or where the individual obtains a valid Florida driver’s license prior to entering a plea or going to trial.

An amendment of the charge dramatically lessens the penalties and driver’s license consequences a person would have faced had he or she been convicted of driving with a suspended license. Where amendment is not a possibility, we seek to minimize the penalties so as to avoid jail, probation, and debilitating fines.

If you have been accused of driving on a suspended, canceled, or revoked license, you may have defenses available to contest the charge or to minimize potential penalties. Contact Alex Truluck today for a consultation.

Alexander Truluck focuses his practice as a criminal defense attorney in Clearwater, Palm Harbor, Largo, Dunedin and the Tampa Bay area.

For more information, visit our website at http://www.criminallawyerclearwaterflorida.com
or call (727) 799-3550.