DRIVING WHILE LICENSE SUSPENDED, REVOKED, CANCELED, OR
DISQUALIFIED (DWLS) - Definitions
DWLS – Overview
DWLS
– Penalties
DWLS –
Laws
DWLS –
Reasons for Suspension, Revocation or Cancellation
DWLS – Reinstatement
DWLS – Definitions
DWLS -
Habitual Traffic Offender (HTO)
Other Driver's License Offenses
relevant Definitions
Pursuant to Florida Statute
322.01and the Official Florida Driver’s Handbook 2008
- Authorized emergency vehicle: means
a vehicle that is equipped with extraordinary audible
and visual warning devices, that is authorized by s.
316.2397 to display red or blue lights, and that is
on call to respond to emergencies. The term includes,
but is not limited to, ambulances, law enforcement
vehicles, fire trucks, and other rescue vehicles. The
term does not include wreckers, utility trucks, or other
vehicles that are used only incidentally for emergency
purposes.
- Cancellation: means the act of
declaring a driver's license void and terminated.
- Color photographic driver's license:
means a color photograph of a completed driver's license
form meeting the requirements prescribed in s.
322.14.
- Commercial driver's license: a
Class A, Class B, or Class C driver's license issued in
accordance with the requirements of this chapter.
- Commercial motor vehicle: means any
motor vehicle or motor vehicle combination used on the
streets or highways, which: a) has a gross vehicle
weight rating of 26,001 pounds or more; b) is designed
to transport more than 15 persons, including the driver;
or c) Is transporting hazardous materials and is
required to be placarded in accordance with Title 49
C.F.R. part 172, subpart F
- Controlled substance: means any
substance classified as such under 21 U.S.C. s. 802(6),
Schedules I-V of Title 21 C.F.R. part 1308, or chapter
893.
- Conviction: means a conviction of
an offense relating to the operation of motor vehicles
on highways which is a violation of this chapter or any
other such law of this state or any other state,
including an admission or determination of a noncriminal
traffic infraction pursuant to s.
318.14, or a judicial disposition of an offense
committed under any federal law substantially conforming
to the aforesaid state statutory provisions.
Notwithstanding any other provisions of this chapter,
the definition of conviction provided in 49 C.F.R. part
383.5 applies to offenses committed in a commercial
motor vehicle.
- Court: means any tribunal in this
state or any other state, or any federal tribunal, which
has jurisdiction over any civil, criminal, traffic, or
administrative action.
- Department: means the Department of
Highway Safety and Motor Vehicles acting directly or
through its duly authorized representatives.
- Disqualification: means a
prohibition, other than an out-of-service order, that
precludes a person from driving a commercial motor
vehicle.
- Division of Administrative Services:
manages the functions of payroll, personnel, purchasing,
accounting and fiscal operations and maintenance and
repair of equipment for the agency's operating
divisions.
- Division of Driver Licenses:
administers examinations to qualify persons to drive on
Florida's highways. Its primary mission is to promote
and maintain the highest possible driving standards on
the streets and highways of the State of Florida and
remove unsafe drivers from the highways.
- Division of the Florida Highway Patrol:
enforces all state laws pertaining to motor vehicles,
patrols the state highway system to help ensure the
safety of all drivers and implements the state traffic
safety program. Each trooper is always ready and willing
to render assistance to the motoring public.
- Division of Motor Vehicles:
regulates the sale and distribution of all motor
vehicles and vessels in Florida. The division
administers the sale of license plates through county
tax collectors and authorized tag agents for every
automobile, vessel, trailer, truck, mobile home, camper
and motorcycle that operates on the public roads. In
addition, the division keeps records on every motor
vehicle that is titled or registered in Florida and
enforces mobile home construction standards and the
licensing of motor vehicle dealers.
- Drive: means to operate or be in
actual physical control of a motor vehicle in any place
open to the general public for purposes of vehicular
traffic.
- Driver's license: means a
certificate that, subject to all other requirements of
law, authorizes an individual to drive a motor vehicle
and denotes an operator's license as defined in 49
U.S.C. s. 30301.
- Endorsement: means a special
authorization which permits a driver to drive certain
types of vehicles or to transport certain types of
property or a certain number of passengers.
- Felony: means any offense under
state or federal law that is punishable by death or by a
term of imprisonment exceeding 1 year.
- Foreign jurisdiction: means any
jurisdiction other than a state of the United States.
- Identification card: means a
personal identification card issued by the department
which conforms to the definition in 18 U.S.C. s.
1028(d).
- Information Systems Administration:
manages data processing for the agency's operating
divisions.
- Motorcycle: means a motor vehicle
powered by a motor with a displacement of more than 50
cubic centimeters, having a seat or saddle for the use
of the rider, and designed to travel on not more than
three wheels in contact with the ground, but excluding a
tractor or moped.
- Motor vehicle: means any
self-propelled vehicle, including a motor vehicle
combination, not operated upon rails or guideway,
excluding vehicles moved solely by human power,
motorized wheelchairs, and motorized bicycles as defined
in s.
316.003.
- Motor vehicle combination: means a
motor vehicle operated in conjunction with one or more
other vehicles.
- Narcotic drugs: means coca leaves,
opium, isonipecaine, cannabis, and every substance
neither chemically nor physically distinguishable from
them, and any and all derivatives of same, and any other
drug to which the narcotics laws of the United States
apply, and includes all drugs and derivatives thereof
known as barbiturates.
- Owner: means the person who holds
the legal title to a vehicle. However, if a vehicle is
the subject of an agreement for the conditional sale or
lease thereof with the right of purchase upon
performance of the conditions stated in the agreement
and with an immediate right of possession vested in the
conditional vendee or lessee, or if a mortgagor of a
vehicle is entitled to possession, such conditional
vendee, lessee, or mortgagor is the owner for the
purpose of this chapter.
- Passenger vehicle: means a motor
vehicle designed to transport more than 15 persons,
including the driver, or a school bus designed to
transport more than 15 persons, including the driver.
- Permit: means a document
authorizing the temporary operation of a motor vehicle
within this state subject to conditions established in
this chapter.
- Resident: means a person who has
his or her principal place of domicile in this state for
a period of more than 6 consecutive months, has
registered to vote, has made a statement of domicile
pursuant to s.
222.17, or has filed for homestead tax exemption on
property in this state.
- Restriction: means a prohibition
against operating certain types of motor vehicles or a
requirement that a driver comply with certain conditions
when driving a motor vehicle.
- Revocation: means the termination
of a licensee's privilege to drive.
- School bus: means a motor vehicle
that is designed to transport more than 15 persons,
including the driver, and that is used to transport
students to and from a public or private school or in
connection with school activities, but does not include
a bus operated by a common carrier in the urban
transportation of school children. The term school
includes all pre-elementary, elementary, secondary, and
postsecondary schools.
- State: means a state or possession
of the United States, and, for the purposes of this
chapter, includes the District of Columbia.
- Street or highway: means the entire
width between the boundary lines of a way or place if
any part of that way or place is open to public use for
purposes of vehicular traffic.
- Suspension: means the temporary
withdrawal of a licensee's privilege to drive a motor
vehicle.
- Temporary driver's license or temporary
identification card: means a certificate issued
by the department which, subject to all other
requirements of law, authorizes an individual to drive a
motor vehicle and denotes an operator's license, as
defined in 49 U.S.C. s. 30301, or a personal
identification card issued by the department which
conforms to the definition in 18 U.S.C. s. 1028(d) and
denotes that the holder is permitted to stay for a short
duration of time, as specified on the temporary
identification card, and is not a permanent resident of
the United States.
- Vehicle: means every device in,
upon, or by which any person or property is or may be
transported or drawn upon a public highway or operated
upon rails or guideway, except a bicycle, motorized
wheelchair, or motorized bicycle.
The material on this page is not
intended to be legal advice. Florida law is continually
changing therefore some of the provisions contained here may
be out of date. It is always best to consult a Florida
criminal defense lawyer about your legal rights and
responsibilities regarding your particular case.
Consult With An Experienced
Orlando Suspended License Lawyer
The facts of every license violation case are different
and because of the various complexities involved in handling
these types of cases, it is vitally important that you
obtain representation from an Orlando suspended
license
lawyer experienced in defending, not prosecuting these types
of crimes.
If you have been arrested or charged with driving with your
license suspended or revoked, driving without a valid
license, or driving with an expired license call an
Orlando suspended license attorney at
Corzo & Kohrs. Call toll free
877-99CK-LAW for a free consultation and explanation of your
rights.