Driving While License Suspended or Revoked (Fla. Stat. 322.34)
MOVING TRAFFIC VIOL — DRIVE WITH SUSPENDED REVOKED LICENSE on Escambia County Jail View is driving while license suspended, revoked or canceled (DWLSR) under Florida Statute 322.34. Knowingly driving while suspended is a second-degree misdemeanor (S M) for a first conviction and a first-degree misdemeanor for a second. A third or later conviction, or driving as a habitual traffic offender, is a third-degree felony.
On this page
How it looks on Jail View
[+] 322.34.10b1 · PPD26OFF000000 (PENSACOLA POLICE DEPARTMENT) · MOVING TRAFFIC VIOL · S · M · $150.00 DRIVE WITH SUSPENDED REVOKED LICENSE
DWLSR is often booked alongside another charge from the same traffic stop, such as DUI or drug possession. On its own, it frequently leads to a notice to appear rather than a jail booking.
Penalties
| Situation | Level | Maximum |
|---|---|---|
| Driving while suspended without knowledge of the suspension (322.34(1)) | Noncriminal moving violation | Civil fine |
| Knowingly, first conviction (322.34(2)(a)) | Second-degree misdemeanor | 60 days, $500 |
| Knowingly, second conviction (322.34(2)(b)) | First-degree misdemeanor | 1 year, $1,000 |
| Knowingly, third or later conviction (322.34(2)(c)) | Third-degree felony | 5 years, $5,000 |
| Habitual traffic offender driving while revoked (322.34(5)) | Third-degree felony | 5 years, $5,000 |
| Suspension only for certain reasons, such as unpaid fines or child support (322.34(10)) | Generally treated as a lower-level misdemeanor for early offenses | Varies |
Subsection (10) — the “322.34.10b1” seen on Jail View — covers people whose license was suspended for specific administrative reasons, like failing to pay a traffic fine or child support. The law treats early offenses of that type more leniently than suspensions for DUI or habitual offending.
How to fix the license problem
- Find the reason. Check the driver license status on the Florida DHSMV website. It lists the suspension reasons.
- Clear the causes. Pay outstanding court fines through the Escambia County Clerk, whose office handles payment plans and reinstatement clearances, and deal with any child support or insurance issues.
- Pay DHSMV reinstatement fees and complete any required courses.
- Bring proof to court. Showing a valid license by the court date can help a lot in resolving the criminal charge.
What happens at the first court date
DWLSR cases are filed in county court as criminal traffic cases (case numbers with CT). At arraignment the defendant enters a plea, often not guilty to start. Prosecutors and judges often look favorably on someone who has already reinstated their license by the court date. Many first-time cases resolve with a reduced charge, a withhold of adjudication or fines.
License reinstatement checklist
- Get your driver license status from the Florida DHSMV and list every reason for the suspension.
- Clear each reason: pay or set up plans for unpaid tickets through the Clerk, fix insurance (SR-22/FR-44 if required), resolve child support through the Department of Revenue, or finish DUI school.
- Get the clearance letters and pay the DHSMV reinstatement fee.
- Bring proof of a valid license to court.
If you have a habitual traffic offender (HTO) revocation
A habitual traffic offender revocation usually lasts five years, and driving during it is a third-degree felony. After part of the revocation period, people may qualify for a hardship license through a DHSMV hearing. A traffic defense attorney can explain eligibility.
Frequently asked questions
Can you go to jail for driving on a suspended license in Florida?
Yes, if you knew about the suspension. A first knowing conviction is a second-degree misdemeanor with up to 60 days in jail, a second is a first-degree misdemeanor, and a third or later is a felony. Many first cases end with fines once the license is reinstated.
Is driving on a suspended license a felony in Florida?
A third or subsequent knowing conviction for driving while license suspended or revoked is a third-degree felony under Florida Statute 322.34, and so is driving as a habitual traffic offender. Earlier offenses are misdemeanors, and driving without knowing about the suspension is a noncriminal violation.
General information, not legal advice.
Sources: Fla. Stat. §322.34 · Florida DHSMV – driver license check · Escambia County Clerk