Driver License Expired More Than Six Months in Florida

Driving with a Florida driver's license that has been expired for more than six months can result in a criminal charge.

Under Florida Statute § 322.03(6), a person whose driver's license has been expired for more than six months may not operate a motor vehicle on Florida highways.

Many people charged with this offense mistakenly believe they received an ordinary civil traffic ticket. If you have been charged with the criminal offense, however, the case must be handled as a criminal court case.

When Does an Expired Driver License Become a Criminal Case?

The critical issue for this charge is how long the driver's license has been expired.

Florida Statute § 322.03(6) addresses driving when a driver's license has been expired for more than six months.

Because the paperwork may look similar to other traffic citations—and because the officer may issue a citation instead of taking the driver to jail—people sometimes do not realize that a criminal case has been filed.

What Are the Penalties?

Driving with a driver's license expired for more than six months is a second-degree misdemeanor.

A second-degree misdemeanor can carry:

• Up to 60 days in jail;
• Up to a $500 fine; and
• Court costs and other consequences associated with a criminal case.

The actual outcome depends on the circumstances of the case, the person's history, the mitigation presented, and the ultimate disposition.

This Is Not Simply a Civil Traffic Ticket

Receiving a citation does not necessarily mean that the offense is civil. You have to carefully look at the citation, as it will tell you if you must schedule a court appearance. The civil tickets always have a fine listed, the criminal ones do not.

A criminal expired-driver-license charge must be resolved through the criminal court system. If you are not represented by an attorney, you will have to appear before a judge. An attorney can handle most of the court appearances without the defendant's personal appearance.

The important point is: do not assume that you can simply pay the citation as if it were an ordinary civil traffic ticket. If you do, a warrant may be issued.

Who Is Most at Risk?

This offense can present additional concerns for people who cannot easily renew their driver's license, including some individuals dealing with immigration-status issues.

Non-U.S. citizens should be particularly careful:

• Lawful permanent residents;
• Visa holders;
• People with pending immigration applications;
• Undocumented individuals;
• People who are currently out of lawful immigration status; and
• People whose immigration circumstances are preventing or complicating renewal of their driver's license.

For someone already dealing with an immigration issue, simply entering a plea to resolve the driver's-license case may create consequences that were not considered.

Federal immigration law has its own definition of a criminal conviction. Under certain circumstances, a guilty or no-contest plea followed by a penalty, punishment, or restraint may be treated as a conviction for immigration purposes even if adjudication is withheld by the Florida court.

This means that a non-U.S. citizen should understand the potential immigration consequences before entering a plea.

Expired Is Not the Same as Suspended

An expired driver's license is not the same as a suspended or revoked driver's license.

The criminal offense discussed here involves a driver's license that has been expired for more than six months under § 322.03(6).

A suspended or revoked license involves a different legal status and potentially different charges. It is therefore important to determine the driver's actual license status rather than assuming that every driver's-license citation is the same.

Can Renewing the Driver License Help?

If the person is eligible to renew the driver's license, correcting the problem before the case is resolved can be important mitigation.

However, renewing the driver's license after receiving the citation does not automatically erase the pending criminal case.

The charge still needs to be addressed through the court.

Frequently Asked Questions About a Driver License Expired More Than Six Months

Is driving with an expired driver's license a criminal offense in Florida?

If the driver's license has been expired for more than six months, Florida Statute § 322.03(6) prohibits the person from operating a motor vehicle on Florida highways, and the offense can be prosecuted criminally.

I thought an expired driver's license was a civil traffic offense. Is it?

Not when you are charged with the criminal offense for driving with a license expired more than six months. Florida does have a separate noncriminal provision for a license expired six months or less, but that is not the offense discussed here.

Is this a misdemeanor?

Yes. Driving with a driver's license expired more than six months is treated as a second-degree misdemeanor.

Can I just pay the citation?

Do not assume that you can simply pay it like a civil traffic ticket. If you have been charged criminally, the case must be resolved through the criminal court process.

Do I have to go before a judge?

Yes. Whether you personally need to appear at a particular hearing depends on the proceeding, the court, and whether counsel can legally appear or waive your presence.

Why did the officer let me leave if this is a criminal offense?

A person can receive a criminal traffic citation in lieu of arrest for certain misdemeanor offenses. The absence of a physical arrest does not mean that the charge is civil.

What happens if I don't have a court date?

Do not ignore the citation or Notice to Appear. You should determine whether the case has been filed and what the court requires for scheduling or appearance.

Will renewing my driver's license dismiss the charge?

Not automatically. Renewal may provide important mitigation, but the pending criminal case still needs to be resolved.

Is an expired license the same as driving with a suspended license?

No. An expired license and a suspended or revoked license involve different legal circumstances and should not be treated as interchangeable charges.

Can I go to jail for a driver's license expired more than six months?

A second-degree misdemeanor carries a statutory maximum of 60 days in jail. But in most cases, the answer is no.

Jacksonville Attorney for Driver License Expired More Than Six Months

If you have been charged with driving with a driver's license expired more than six months in Jacksonville, Duval County, Clay County, Nassau County, or St. Johns County, do not assume that the citation is simply another traffic ticket.

Mesic Law represents clients facing driver's-license misdemeanors and other criminal traffic charges throughout Northeast Florida. We can review the driver's actual license status, the criminal charge, available mitigation, and possible resolutions before a plea is entered.

Contact Mesic Law to discuss your expired-driver-license criminal case.

Contact our assault lawyers in Jacksonville as soon as you can. Call (904) 615-8950 now to schedule your initial consultation.