Legal Question in Criminal Law in Florida

Failure to Get a Driver's License After Moving, Criminal Violation

Florida State Statute 322.031(1)

My DL is from Maryland valid till 2014. I moved to Florida for work about 1 year ago and have a home here. Since I am a consultant (working on a US work visa), I travel for my job. I have been traveling a lot for the last 1 year ( almost every month). Mostly International (out of USA). I am not sure when I may have to relocate to a different city/state. Hence did not take FL license.

Recently I was driving a rented vehicle to Key West, FL and the officer stopped me for speeding (74 on a 55 mph). I am not sure if I was that fast. He gave me two citations. one for speeding and the other for Florida State Statute 322.031(1) for not having a FL license since I was working here for over 1 year. For the 322.031(1), I am required to appear in a court near Key West (over 300 miles from my place).

Had I known about this law, I would have taken my FL license long time ago.

Now I have to appear in court. As it appears, I did not comply with this law, what are the penalties (Minimum and Maximum)?

I am willing to pay the fine etc. Is there a way to avoid going to court and settle it by paying fine.

Will this appear on my record as Criminal offence? If yes, what is the impact? This seems to be a minor traffic violation.. I am still surprised that this is considered criminal.

Is there any way that this can be converted into a non-criminal offence?

Any reference that any of you may have to previous cases (with end result) like this will be greatly appreciated.

Please let me know what are my options.

Thank you very much for your time...

PS: I lived in FL and carried a FL license for 2.5 years before I took my MD license.


Asked on 7/05/11, 4:01 pm

1 Answer from Attorneys
Craig Epifanio Craig Epifanio, P.A.

Just because you have a valid out of state license does not mean you can live in Florida without getting a new license. Only if you are a student and/or you can prove you are not a permanent resident, which you stated you were. I'm sure you've heard of the statement, "ignorance of the law is no excuse." That certainly applies here. Most violations of Chapter 322 are second degree misdemeanors, meaning you face up to 60 days jail. That doesn't usually happen but you may be placed on probation and will certainly face a hefty fine. The best thing you can do for yourself is get your Florida license. SOMETIMES, when I go to court with my client and he has a license, the judge or state may amend the charge. It depends on the judge and the prosecutor. You should contact an attorney in the Keys to assist you with this if you want to avoid a criminal conviction.

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Answered on 7/05/11, 7:37 pm


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