Charged with Driving While License Suspended or Revoked
Fight back with a former State Trooper on your side.
Request a Free ConsultationUnderstanding DWLSR in Florida
Under Florida Statute § 322.34, driving while your license is suspended, revoked, cancelled, or disqualified can be either a civil infraction or a serious crime. The difference comes down to knowledge — whether the State can prove you knew your license was not valid at the time you were behind the wheel.
Civil vs. Criminal Penalties
- Unknowingly DWLSR (Civil Infraction) – Treated like a speeding ticket. Up to a $164 fine and 3 points; no criminal record.
- Knowingly DWLSR (Misdemeanor) – First offense: 2nd‑degree misdemeanor (up to 60 days jail / $500 fine). Second offense: 1st‑degree misdemeanor (up to 1 year jail / $1,000 fine).
- Habitual Traffic Offender (HTO) / Felony DWLSR – If you acquire 3 qualifying convictions within 5 years, DHSMV labels you an HTO and revokes your privilege for 5 years. Driving after HTO revocation is a third‑degree felony (up to 5 years prison / $5,000 fine).
What Counts as “Knowledge”?
The prosecutor must show you had actual or constructive notice of the suspension. They typically rely on:
- Department of Highway Safety & Motor Vehicles (DHSMV) mailing records
- Prior DWLSR citations or traffic‑court dispositions
- Your admissions on body‑worn camera (BWC)
- Evidence you recently tried — or failed — to reinstate your license
We attack each source of “knowledge,” often proving the notice never arrived, was mailed to an old address, or that you were actually valid but the DHSMV database had not yet updated.
Body Worn Camera Review
Most traffic stops in Orange County, FL are recorded using dash camera or body worn camera. We compile all the videos and evaluate them using professional video editing software. This allows us to clean the audio and do a frame by frame analysis of the video.
- Misstatements (“I knew my license was bad”) taken out of context
- Unlawful extensions of the traffic stop while they fished for admissions
- Violations of your Miranda rights or improper consent searches
Accident‑Report Privilege — Your Hidden Shield
If the DWLSR charge arose from a crash investigation, statements you made during the “civil crash report” are privileged under § 316.066(4). Unless you later contradict yourself, those statements cannot be used to prove knowledge of suspension. We file targeted motions in limine to exclude them.
Common DWLSR Defenses
- Lack of Knowledge – No admissible proof you were served proper notice.
- Invalid Suspension – DHSMV error, cleared citation, child‑support arrears satisfied, or out‑of‑state hold lifted before the stop.
- Illegal Traffic Stop – Stop was conducted without reasonable articulable suspicion.
- HTO Reversal – Overturning habitual traffic offender status.
As a former State Trooper and DHSMV employee, Attorney Jeff Lotter knows exactly how those systems work — and how to expose their weaknesses in court.
DWLSR Frequently Asked Questions
What is the difference between “unknowingly” and “knowingly” DWLSR?
If you genuinely had no notice that your license was suspended, the ticket is a non‑criminal civil infraction. Once the State proves you knew — by prior notice, previous citation, or admission — it becomes a crime punishable by jail.
How does someone become a Habitual Traffic Offender (HTO)?
Three qualifying convictions (DWLSR, DUI, or Leaving the Scene) within five years automatically triggers a 5‑year license revocation. We can petition DHSMV for relief or attack prior convictions to break the HTO chain.
Can I get a hardship license while my license is revoked as an HTO?
Yes — after one year of no driving, proof of Advanced Driver Improvement (ADI) school, and installation of an ignition interlock if required. We guide you through the hearing and paperwork.
Will a DWLSR conviction raise my insurance rates?
Absolutely. Insurers treat DWLSR like reckless driving because it suggests uninsured risk. Avoiding a criminal conviction — or converting it to a civil finding — is crucial to protect your premiums.
Do I have to appear in court for a DWLSR charge?
Often, no. With a properly filed plea‑in‑absentia or a written not‑guilty plea, we attend on your behalf so you can keep working.
How can Lotter Law help me?
We investigate DHSMV records, subpoena training logs, dissect body‑camera footage, and file targeted motions to dismiss or reduce the charge. Our goal: no conviction, no points, and no HTO status.
Meet Our Dedicated Team
Jeff Lotter
Attorney | Founder
An experienced Orlando attorney, Jeff brings more than two decades of front-line law enforcement and legal experience to every case. As a former Florida State Trooper and Deputy Sheriff, he offers clients a powerful advantage: insider knowledge of police procedures and prosecution strategies. Now solely dedicated to criminal defense, Jeff—a Military Veteran—approaches the courtroom as a battlefield. You, the client, are the General; Jeff is the battlefield commander executing your mission. Grounded in his Christian faith and committed to protecting freedom, Jeff sees every case as an opportunity to push back against government overreach and defend the individual against unjust intrusion. Married for over 20 years with two children, he brings the same unwavering dedication to protecting your rights as he does to his own family.
Stacy Sanchez
Senior Legal Assistant
Since beginning her legal career in 2014, Stacy has brought unwavering dedication to the field of criminal defense. She joined Lotter Law in 2021 and has since become an integral part of the team, known for her reliability, compassion, and sharp attention to detail. Originally from New York and raised in Orlando, Stacy blends tenacity with a warm, client-centered approach. Driven by a deep desire to help others, she believes every person deserves to be treated with dignity and respect—especially during some of the most difficult moments of their lives. Her strong family values guide her empathetic communication and relentless work ethic. With over a decade of experience and a genuine passion for criminal defense, Stacy continues to make a meaningful impact every day at Lotter Law.
Marissa Rodriguez
Legal Assistant
Born and raised in Orlando, Florida, Marissa joined the firm in 2022 with a strong passion for criminal defense. She has become a valued member of the team, known for her strong work ethic, and dedication to client service. Graduating at the top of her class, Marissa brings both academic excellence and practical experience to her role. Her hardworking and reliable nature ensures that every case is handled with care and precision.
Office Consults By Appointment Only
Law Office of Jeff Lotter PLLC
200 E Robinson St Suite 1140
Orlando, FL 32801
Serving Central Florida, including Orange County.
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Law Office of Jeff Lotter PLLC | 200 E Robinson St Suite 1140, Orlando, FL 32801