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Driving while license revoked as habitual traffic offender

Posted by John P. Rutkowski | Sep 28, 2017 | 0 Comments

Defendants who have never possessed a driver license may not be charged under section 322.34(5), as having a driver license that has been revoked under the habitual traffic offender statute.

Section 322.34(5), Florida Statutes, provides the following:

Any person whose driver license has been revoked pursuant to s. 322.264 (habitual offender) and who drives any motor vehicle upon the highways of this state while such license is revoked is guilty of a felony of the third degree.

Section 322.264, Florida Statutes, defines a habitual traffic offender as a person who has accumulated a combination of specified offenses.The Legislature defined driver license as “a certificate that, subject to all other requirements of law, authorizes an individual to drive.” § 322.01(17), Fla. Stat. (2017).

The plain language of section 322.34(5), Florida Statutes, provides that an offender must have had his or her driver license revoked as a habitual traffic offender in order for the felony penalty to apply. The State cannot revoke a license that never existed. Consequently, a person cannot violate section 322.34(5) without ever having obtained a driver license.

About the Author

John P. Rutkowski

Mr. Rutkowski has been practicing law for the past twenty-five years. Prior to going to law school Mr. Rutkowski served as a deputy sheriff before retiring to attend law school. Upon graduating law school Mr. Rutkowski served as a prosecutor in Florida before going in to private practice and representing clients in three states.


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John P. Rutkowski, Attorney at Law, firm represents clients in the area of driving under the influence, boating under the influence, Criminal & Civil Traffic Offenses. Contact me today for a free telephone consultation.