QUESTION

Driving on Suspended License

Asked on Sep 23rd, 2013 on Criminal Law - Florida
More details to this question:
I recently got pulled over and was informed that my license had been suspended due to insurance reasons the prior year. Last September my car was acting up and I didn't really use it often so I let it sit, over the summer I worked on it, got it running, applied for insurance with State Farm as I cancelled the prior insurance since I wasn't driving it and drove it around for about a week before I was pulled over. This is when I found out about my suspended license, he told me it had been suspended since last September, so almost a year now, but I was never informed of this. It seems in Florida you need to have insurance on a car at all times or surrender the tags, I wasn't aware of this so I let it sit. Now I have a court date set up and I'm just trying to figure out the best approach at this.... am I at fault for not knowing or being informed? What are the consequences of this? Thank you.
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1 ANSWER

Personal Injury Attorney serving South Pasadena, FL at The Law Offices of Charles D. Scott PLLC
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The State of Florida is required to send you a notice of suspension to the address that they have on file for you. If you have moved and not notified the DMV of your new address, their only obligation is to send the notice to the last known address you provided.  The act of mailing the notice by the State is all the obligation they have and once they mail it you are considered on notice, whether you receive it or not. Since you were unaware, and this is (I assume) your first offense, you should ask the State Attorney at traffic court to amend the charge to driving on suspended "without notice" and then ask the court to withhold adjudication and impose the minimum court cost. 
Answered on Sep 23rd, 2013 at 3:11 PM

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