No Valid Driver’s License

‘No Valid Driver’s License’ is a criminal traffic charge based on Sec. 322.03(1), Florida Statutes.  Under the law, it is a criminal act for a person to drive any ‘motor vehicle’ on a State ‘highway’ unless that person has a valid driver’s license issued by an appropriate governmental authority.

Definition of Driver’s License

Under Section 322.01(17), Florida Statutes, a valid driver’s license means a certificate that, subject to all other requirements of law, authorizes a person to drive a motor vehicle and denotes an operator’s license as defined in 49 U.S.C. 30301.

49 U.S.C. 30301 defines a ‘operator’s license’ to mean a license issued by a State authorizing an individual to operate a motor vehicle on public highways.  As applied in Florida, only State-issued licenses or certificates are valid, unless otherwise exempted by Florida law (discussed below).

Definition of ‘Highway’

The term ‘highway’ is defined under Sec. 322.01(41), Florida Statutes, to mean “the entire width between the boundary lines of a way or place if any part of that way or place is open to the public for purposes of vehicular traffic.”

The term therefore includes privately owned property if public vehicular traffic is allowed entry.

Definition of ‘Drive’

A person is deemed to be a ‘driver’ under Chapter 322 if he or she “operates” or “is in actual physical control” of a motor vehicle in any place open to the general public for purposes of vehicular traffic.  Sec. 322.01(17).

Penalties for No Valid Driver’s License

Under Sec. 322.03(1)(b), Florida Statutes, the penalties for No Valid Driver’s License will vary according to number of prior convictions.

First Conviction

For a first conviction, No Valid License is a second degree misdemeanor, punishable by up to 60 days in jail;

Second Conviction

For a second conviction, No Valid License is upgraded to a first degree misdemeanor, punishable by up to 1 year in jail or 12 months of probation.

Third or Subsequent Conviction

For a third or subsequent conviction, No Valid Driver’s License is a first degree misdemeanor punishable by up to 1 year in jail or 12 months probation.  Section 322.03(1)(b)(3) also requires the Court to sentence a defendant to no less than 10 days jail.

Driver License Exemptions

Section 322.04, Florida Statutes, contains multiple exemptions from the general driver’s license requirement.  They include:

  • Employees of the U.S. government operating US government vehicles on official business;
  • Operators of tractors, road machines, and farm-related machinery;
  • Non-residents (including out-of-state visitors and immigrants), who are 16 years of age and older, who have a valid license in their immediate possession issued by their home state or country, and who are not operating on the basis of a license issued to aliens or undocumented immigrants by another State.  In the case of out-of-state visitors, the driver must also comply with Sec. 322.031 concerning driver license requirements applicable to those who accept employment in Florida or who have acquired residency.
  • Golf cart operators above age 18;

Foreigners and Unauthorized Immigrants

Under Section 322.033(1), Florida Statutes, the Department of Highway Safety and Motor Vehicles (DHSMV) may not issue a driver’s license to a person who is an “unauthorized alien or undocumented immigrant.”

The statute also invalidates any driver’s license issued by other states to unauthorized aliens or undocumented immigrants.  See Section 322.033(2).

Foreign Driver’s Licenses

While Section 322.033 explicitly invalidates licenses issued by other states to non-citizens without lawful status, the statute does not explicitly invalidate foreign driver’s licenses that may be used by those individuals.  Those licenses remain valid so long as:

  • The individual has not acquired residency by: (i) establishing domicile in Florida for a period of more than 6 consecutive months;  (ii) making a statement of domicile; or (iii) filing for a homestead tax exemption; and
  • The individual has not otherwise triggered a requirement of a Florida license by accepting employment in the state or engaging any other tradem profession, or occupation.
    • See § 322.01(36)(defining “residency” under Chapter 322); § 322.031 (defining employment activities which trigger the requirement of a Florida driver’s license).

Risk of Immigration Arrest

Even in cases where a foreign driver’s license is valid, this will not necessarily protect immigrants without legal status from arrest and detention.

Florida’s so-called “TRUMP Act” provides funding for State and local law enforcement to enforce immigration laws in coordination with Federal authorities.  The new law will essentially deputize local law enforcement to perform immigration functions, including immigration arrests, the enforcement of detainers, and participation in at-large task force operations.

Even Florida Courts are required to comply with immigration detainers issued by federal agencies.  See § 908.105, Florida Statutes.

If you are cited for No Valid License or any other traffic offense, it is highly advisable to hire counsel to appear in court on your behalf.  This will minimize the risk of an immigration arrest.

No Valid License vs. Suspended License

No Valid Driver’s License differs from a charge of Driving with a Suspended or Revoked License in terms of the elements of the offense and the consequences of the offense.

First, a No Valid Driver’s License charge does not require proof of a knowledge element. The State needs only to show that the defendant was driving and that there was no valid license issued. Prosecutors will usually attempt to prove license status at trial through the introduction of a Department of Motor Vehicles certified driving record, although this does not definitively establish the absence of a license.

The charge is further distinguished from Suspended / Revoked License in that a conviction does not count towards classifying the accused as a Habitual Traffic Offender (HTO).

Defenses to the Charge

There are many defenses available to contest a charge of No Valid Driver’s License in Florida. Common examples include:

  • Unlawful traffic stop;
  • Unlawful detention subsequent to the stop;
  • Defendant has a valid license;
  • Non-resident defendant had a valid foreign driver’s license in his or her possession at the time of the traffic stop;
  • Defendant not on a ‘street,’ ‘highway,’ or other place open to the general public;
  • Lack of evidence that the defendant did not have a license issued by another governmental authority.

Contact an Attorney

If you have been charged with No Valid Driver’s License Jacksonville or the surrounding counties of Northeast Florida, contact Hussein & Webber, PL for a free consultation.