The Umansky Law Firm recently represented an individual who was charged with operating a motor vehicle in Florida while their driver's license in another state was suspended. Under Florida law, you're not allowed to operate a motor vehicle without a valid driver's license, but this specific statute that the client was charged understates that you can't operate a motor vehicle here in Florida while your Florida driver's license is suspended , even though you have an invalid license in another state. The problem in this case is that the client had a valid Florida license but his driver's license was suspended in Washington. According to the Department of Motor Vehicles here in Florida, his license was valid. The officer gave him a citation anyway, and he was facing 60 days jail, a $500 fine, and up to six months probation. It didn't prevent the client from having to go through the process.

Immediately, we contacted the prosecutor and explained the situation. We gave him a copy of the Department of Motor Vehicle's driving record and told him that based off the documentation that his license was valid in Florida, despite what was going on in the State of Washington. Under the statute, he couldn't be charged. He hadn't committed a crime, but the prosecutor refused to drop the case. The next step we had to do was file a motion to dismiss. Essentially, what he would be doing at that point is asking the judge, despite the prosecutor's objections, to dismiss this case because there was no crime committed according to the facts of the case. The motion was filed and he went to the hearing. At the hearing, the evidence was presented to the judge; it included the DMV report, as well as the citation that the client received. The judge ultimately dismissed the case, and the client was free of these charges.

This is a situation where an individual's ignorance can only go as far as the temperance of the judge and the prosecutor. There are charges that range on knowledge of your license, like driving with or without knowledge of an expired license, but our defense lawyers can still help present these facts in court.

Recent Criminal
Case Results

Grand Theft ($300-$5000)

Nolle Prosequi-Case Dropped

CT-Driving Under the Influence Car (M1)

Nolle Prosequi - Case Dropped

CT- Driving under the influence car

Nolle Prosequi - Case Dropped

Grand Theft Third Degree

Adjudicated Guilty; One day jail/one day time serve; Restitution fees; Court Cost

Petit Theft < 300

We negotiated an agreement that entailed the State dropping the charge after our client completed a Pre-Trial Diversion Program. The Charge was dropped via a Nolle Prosequi.

Unlawful Speeding

Withhold of Adjudication; No points on license; Paid fine and clerk cost; 8 hour aggressive driver class; 90 days to satisfy fine and class

Shoot/Throw Missile Into Dwell/Struct/Veh; Child Abuse; Criminal Mischief; Battery (Domestic Violence)

No Information Notice - Charges Dropped

Attach Tag/Lic Plate To Unassigned Vehicle (M2)

Nolle Prosequi - Case Dropped

DUI with Minor In Car or BAL of .20 or Higher

Pled No Contest, 1 Year Probation, 10 day Car Impound, Community Service

Motion to Modify Probation

Motion Granted in 48 hours

Petit Theft

Adjudication Withheld, 4 Months probation, Costs/Fines, Impulse Control Class

Petit Theft of $100 or MORE (M1)

Nolle Prosequi

Refuse To Submit To DUI Test (M1)

Case Dropped

Battery on Law Enforcement Officer (F3); Disorderly Conduct (M2)

Nolle Prosequi - Case Dropped

Battery

Charges Dropped

Scheme to Defraud(F3); Grand Theft(F3)

Motion to Terminate Probation Granted

Unlawful Speed

Dismissed

Failed to Yield at Intersection

Not Guilty

Leave Scene Of A Crash W/Property Damage (M2)

Case Dropped

Motion to Modify and Impose a Withhold of Adjudication

Granted

Attempted Burglary of a Conveyance

Charges dropped

Possession of Cannabis (less than 20 grams)

Charges dropped

VOP for DUI

Reduced to reckless driving

Possession of Alcohol Under the Age of 21

Charges dropped

Driving Under the Influence

Reduced to Reckless Driving

Violation of Probation

Case Dismissed

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Recent Personal
Injury Settlements

$125,000

Scooter Accident

$275,000

Car Accident

$100,000

Car Accident

$300,000

Government Liability Case

$100,000

Back Injury

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