Most individuals think it’s not a huge problem to drive in Florida without a license. But nothing could be further from the truth than that.
If caught driving in Florida without a license, you might face immediate and long-term consequences, including heavy fines and jail time.
Nevertheless, failing to carry your license in person while driving and driving without a valid license are distinct offenses.
This post highlights the difference between driving without a license with and driving without a license in person in Florida.
Feel free to contact our Fort Walton Beach car accident attorney if you need legal assistance.
Florida Driving Without a License Laws
According to Florida law, it is against the law for anybody to operate an automobile on a highway without a valid driver’s license issued by the relevant government agency.
According to Florida Statutes Section 322.01(17), a valid license is a document that certifies a person’s ability to operate a motor vehicle and designates a driver’s license as outlined in 49 USC 30301.
Under this legislation, a driver’s license is a document given out by a state that permits someone to drive a car on public roads, streets, or highways.
But why would someone drive without a license in Florida? There are various reasons why some people operate a vehicle without a valid license, including:
- They never received a license
- They failed to renew their license after the expire
- Their driver’s license was suspended or revoked due to another traffic violation
- They don’t satisfy Florida’s standards for getting a driver’s license
Whatever the reason, if found driving without a valid license, you may face severe penalties, especially if you have previously been charged with this crime.
What Are the Penalties for Driving Without a License in Florida?
Drivers in Florida found operating a vehicle without a license or driving while license suspended are subject to harsh punishments. Section 322.03 of Florida statutes makes it a criminal offense to drive a vehicle without a valid driver’s license.
Driving on a suspended, revoked, or canceled license is punishable by fines and/or jail time.
For example, a Florida conviction for driving without a valid license carries a penalty of up to $500 in fines and 60 days in prison. The charges may be harshier if you are a habitual traffic offender.
But driving without a legal license is unlikely to result in jail time for someone with no criminal record in Florida.
Additionally, a motorist without a criminal history may qualify to participate in a pre-trial diversion program, which might lead to the dismissal of charges for driving without a valid license and possible clearance.
Driving Without a License on Your Person in Florida
As mentioned earlier, driving without a license differs from driving without carrying a license on you.
In the first case, the guilty motorist drives a car even when their license is invalid.
However, a motorist in the second situation merely forgot their legitimate license. They are legally allowed to drive a motor vehicle.
Penalties for operating a vehicle without a license on your person are less severe than those for driving without a valid license.
Specifically, failure to produce your license when asked by a police officer may result in charges of driving without a license. But this does not necessarily result in a conviction since it is a first degree misdemeanor.
If the offending motorist can produce a license that was valid at the time of the ticket, the county clerk may drop the citation and charge a dismissal fee not exceeding $10.
But if the citation is not dismissed, the fine will be $30.
What Happens If You Are in a Car Accident and You Do Not Have a License?
If you’re involved in an auto accident when driving without a valid license, you may face legal repercussions and have limited ability to pursue compensation for your damages.
Again, driving without a license may have a more detrimental effect than driving without a license on your person.
According to Florida Statutes 316.066, an official report is necessary for injuries or fatalities in an automobile accident. The police officer dispatched to the scene will write the report.
The officer will ask for your license and registration to accomplish this. They will undoubtedly charge you a crime if you don’t have a license or it’s suspended or revoked.
You can get a penalty if you don’t have your license on your person.
Does Not Having a Driver’s License Change What Happens After a Car Accident?
Not at all. Not having a driver’s license on your person will not affect how you solve a car accident case. Florida law requires both drivers to have Personal Injury Protection (PIP) insurance.
So, the drivers will file claims with their respective PIP insurance providers. An insurance claim under PIP is not affected by the fault.
PIP insurance covers up to 80% of your essential and reasonable medical costs following an automobile accident.
If your injuries prevent you from working, you may be eligible for up to 60% of your lost income.
To be eligible for PIP benefits, you must seek medical treatment within 14 days of the injury and meet all other requirements.
Your PIP provider can dispute your claim if your driver’s license is suspended or revoked.
If your PIP claim is rejected, you should seek legal counsel from a Fort Walton Beach car accident attorney.
Can I Sue the Other Driver if One or Both of Us Were Driving Without a License?
The fact that you were driving without a license does not prevent you from suing the other motorist who caused the accident.
You can file a claim with the other driver’s insurer if they have liability insurance coverage. Additionally, you can file a lawsuit against the negligent motorist.
But to file a lawsuit, your injuries must satisfy the serious injury threshold. If you did not suffer significant injuries, your only option is to file a PIP claim with your insurance company.
You might be able to file a claim on your uninsured motorist insurance if you were hurt in a hit-and-run accident or by an uninsured motorist.
Similarly, you may claim against your underinsured motorist insurance if the at-fault party’s liability insurance does not pay for your damages.
Car insurance cases in Florida may be complicated.
Consult a Fort Walton Beach car accident attorney for guidance if you are confused about your legal options following an automobile accident.
What Damages Can I Recover for a Car Accident Claim?
If the other motorist was at fault for the collision and you suffered significant injuries, you may be entitled to economic and non-economic damages for your:
- Medical costs
- Lost income and perks
- Pain and suffering
- Emotional distress and mental anguish
- Permanent disability
- Property damage
- Loss of enjoyment of life and diminished quality of life
The damages you can recover will depend on the details of your case.
You must prove causation, liability, and fault before receiving compensation for a motor vehicle accident in Fort Walton Beach.
Remember, the other motorist can claim that you contributed to the accident somehow. Under Florida’s contributory fault statute, your compensation can reduce based on your share of the fault.
For example, if you won $100,000 but are 40% at fault for the accident, you would only receive $60,000.
Your culpability degree will probably be considered during insurance negotiations, even if your case does not proceed to trial.
Contact Our Fort Walton Beach Car Accident Attorney Today!
You should contact a lawyer if you sustained injuries in a car accident and you or the other driver did not have a license.
At Legal Giant, we partner with local car accident attorneys familiar with state laws and regulations.
We can link you with a car accident attorney in the state of Florida to assist you with a PIP insurance claim, liability insurance claim, or filing a lawsuit, if necessary.
Contact us for a for a free consultation.
