As a driver, you may wonder if you can face charges of driving under suspension when you were unaware of the suspension itself. This is important because driving under suspension in Florida may result in jail time.
The presumption of knowledge determines the dispensation of the case.
How does the court define knowledge of suspension?
In most instances, the court considers whether or not you knew of the suspension before finalizing the charges. The law defines that knowledge in a few ways beyond your personal admission of understanding.
The receipt of a citation from law enforcement is enough to claim knowledge if the citation defined the revocation of your driving privileges. Further, the court may consider whether you failed to pay fines associated with the case, which led to your suspension. In some courts, knowing about the fines and the consequences of not paying them would suffice for knowledge of the suspension.
Does the presumption of knowledge vary?
The foundation of knowledge associated with your suspension can vary depending on the court you appear in. Certain counties have more lenient presumptions of knowledge, while others even permit charges of driving under suspension even without a valid state license. A local attorney can help you understand the knowledge presumption in your district to help you prepare for your case.
Driving under suspension is a common charge and courts across the state of Florida see these charges daily. Understand what constitutes driving under suspension to protect your legal rights if you never received notice of your suspended privileges.