Legal Question in Criminal Law in Florida

My sister's license has been suspended for being a habitual offender, as well as a d6 suspension for not paying ticket for careless driving. She is also on felony probation for grand theft (fraudulent check). She is being violated for probation and this is her 5th offense for driving on a suspended license since 2008. What type of sentencing is she looking at?


Asked on 7/18/10, 7:46 pm

1 Answer from Attorneys

Amir Ladan The Ladan Law Firm, P.A.

Driving on an HTO suspension often leads to a jail sentence. However, there are a numbr of factors to consider that play a roll in the final outcome. Last year, the legislature amended part of the DWLS statute so as to reduce DWLS charges that are predicated on financial suspensions to 1st degree misdemeanors. Therefore, if her suspensions are based on unpaid tickets/tolls, child support, insurance or other financial based matters, the offense will be reclasified as a misdemeanor and will affect how the case is prosecuted. Additional considerations will include the recency of her priors, the facts of this new offense, who the judge is & who the prosecutor assigned to the case. Finally, but equally significant, we would want to ascertain what the basis was for the traffic stop so that we could consider the legal arguments that me be available for a motion to suppress (which is the mechanism by which we can challenge some or all of the State's evidence).

I would encourage your sister to hire an experienced lawyer.

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Answered on 7/19/10, 2:53 am


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