No Valid Driver’s License (NVDL)
A person may not drive a motor vehicle upon a highway in Florida unless he or she has a valid driver’s license. Any person who retains a driver’s license because of employment or part-time residence shall, upon qualifying for a license in Florida, be issued a driver’s license which shall be valid within this state only. A person may not operate a motorcycle unless he or she holds a driver’s license that authorizes such operation. To prove the criminal offense of No Valid Driver’s License (NVDL), the State Attorney must prove beyond a reasonable doubt that the criminal suspect drove a motor vehicle upon a highway in this state, and that at the time, he or she did not have a valid driver’s license recognized by the Department of Highway Safety and Motor Vehicles of the State of Florida. “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. “Motor vehicle” means any vehicle which is self-propelled, including a “moped,” but not any vehicle moved solely by human power, motorized wheelchair or motorized bicycle. “Valid driver’s license” means a driver’s license recognized by the Department of Highway Safety and Motor Vehicles which has not expired, been suspended, revoked or canceled. “Street or Highway” means the entire width between the boundary lines of every way or place if any part thereof is open to the use of the public for purposes of vehicular traffic. “Expired” means the license was not renewed on or before the expiration date. “Suspended” means the privilege to drive a motor vehicle has been temporarily withdrawn. “Revoked” means the privilege to drive a motor vehicle has been terminated. “Canceled” means that a license has been declared void and terminated. “Actual physical control” of a motor vehicle means the defendant must be physically in or on the vehicle and have the capability to operate the vehicle, regardless of whether he or she is actually operating the vehicle at the time. NVDL is a criminal offense that demands the representation of a competent experienced criminal defense lawyer who will fight hard while representing you in criminal court against the State’s Attorney.
Criminal Defense Attorney Michael C. Grieco is experienced and familiar with this criminal offense and has been in practice in Miami Dade County, Fort Lauderdale, and Broward County since 1991. If you have been charged with the crime of NVDL or any other criminal offense in Miami Dade County, Fort Lauderdale, Broward County, or any other part of Florida, call us for a free consultation 24 hours per day seven days per week with a Miami criminal lawyer.
322.03 Drivers must be licensed; penalties.
(1) Except as otherwise authorized in this chapter, a person may not drive any motor vehicle upon a highway in this state unless such person has a valid driver’s license under the provisions of this chapter.
(a) A person who drives a commercial motor vehicle shall not receive a driver’s license unless and until he or she surrenders to the department all driver’s licenses in his or her possession issued to him or her by any other jurisdiction or makes an affidavit that he or she does not possess a driver’s license. Any such person who fails to surrender such licenses or who makes a false affidavit concerning such licenses is guilty of a misdemeanor of the first degree, punishable as provided in s. 775.082 or s. 775.083.
(b) A person who does not drive a commercial motor vehicle is not required to surrender a license issued by another jurisdiction, upon a showing to the department that such license is necessary because of employment or part-time residence. Any person who retains a driver’s license because of employment or part-time residence shall, upon qualifying for a license in this state, be issued a driver’s license which shall be valid within this state only. All surrendered licenses may be returned by the department to the issuing jurisdiction together with information that the licensee is now licensed in a new jurisdiction or may be destroyed by the department, which shall notify the issuing jurisdiction of such destruction. A person may not have more than one valid Florida driver’s license at any time.
(2) Prior to issuing a driver’s license, the department shall require any person who has been convicted two or more times of a violation of s. 316.193 or of a substantially similar alcohol-related or drug-related offense outside this state within the preceding 5 years, or who has been convicted of three or more such offenses within the preceding 10 years, to present proof of successful completion of or enrollment in a department-approved substance abuse education course. If the person fails to complete such education course within 90 days after issuance, the department shall cancel the license. Further, prior to issuing the driver’s license the department shall require such person to present proof of financial responsibility as provided in s. 324.031. For the purposes of this paragraph, a previous conviction for violation of former s. 316.028, former s. 316.1931, or former s. 860.01 shall be considered a previous conviction for violation of s. 316.193.
(3)(a) The department may not issue a commercial driver’s license to any person who is not a resident of this state.
(b) A resident of this state who is required by the laws of this state to possess a commercial driver’s license may not operate a commercial motor vehicle in this state unless he or she possesses a valid commercial driver’s license issued by this state. Except as provided in paragraph (c), any person who violates this paragraph is guilty of a misdemeanor of the first degree, punishable as provided in s. 775.082 or s. 775.083.
(c) Any person whose commercial driver’s license has been expired for a period of 30 days or less and who drives a commercial motor vehicle within this state is guilty of a nonmoving violation, punishable as provided in s. 318.18.
(4) A person may not operate a motorcycle unless he or she holds a driver’s license that authorizes such operation, subject to the appropriate restrictions and endorsements.
(5) It is a violation of this section for any person whose driver’s license has been expired for more than 4 months to operate a motor vehicle on the highways of this state.
(6) A person who is charged with a violation of this section, other than a violation of paragraph (a) of subsection (1), may not be convicted if, prior to or at the time of his or her court or hearing appearance, the person produces in court or to the clerk of the court in which the charge is pending a driver’s license issued to him or her and valid at the time of his or her arrest. The clerk of the court is authorized to dismiss such case at any time prior to the defendant’s appearance in court. The clerk of the court may assess a fee of $5 for dismissing the case under this subsection.