Legal Question in Traffic Law in Florida

My son moved from home into his own house. As required he requested online a change of address for his D/L. When the new license arrived he placed it in his wallet. That was 2 years ago. This week he was given a speeding ticket and when he went to pull out his D/L, the officer noticed he had another license in his wallet and grabbed it. My son explained that he had bought his own home and moved from his parents house a few blocks away. The officer stated he was in violation and it was a criminal offense. He was ticketed with reference to FL Statute 322.03. When researching the statute, it states it is NOT a criminal offense. His contention is that when the State of Florida issued the license with his new address that made his old license null and void. What do you think? Can he get this thrown out?


Asked on 3/18/11, 3:26 pm

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

All statutes in Chapter 322 are criminal statutes. This is a second degree misdemeanor, punishable by up to 60 days in jail. Specifically, it says:

322.03(b) All surrendered licenses may be returned by the department to the issuing jurisdiction together with information that the licensee is now licensed in a new jurisdiction or may be destroyed by the department, which shall notify the issuing jurisdiction of such destruction. A person may not have more than one valid driver�s license at any time.

Now, there may be other reasons to get it thrown out, but not for the reasons you're suggesting. You should contact an attorney in order to avoid having this on your record.

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Answered on 3/18/11, 5:55 pm


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