The point of obtaining a driver’s license in Florida is to obey the law and to prove you have the skills to handle a car on the road. This also means you must carry your driver’s license while driving – it is mandatory in the state.
But what happens if you accidentally leave your license at home or cannot find it before entering your car? Will you simply get a fine if stopped by police, or can you be arrested?
Florida Statute 322.15 states all drivers must carry a valid driver’s license whenever they operate a vehicle. If they are stopped on the road by a police officer, they must present their license if asked to do so.
At this point, if a driver cannot produce a license, they could face penalties. The severity of the penalties depends on whether the driver has a license in the first place.
Things can play out in two ways if a police officer stops you. You may not have your license, so you cannot present it, or you have no license because you have never taken a driving test. You also may not have a license because it was revoked or suspended.
These two scenarios will result in different legal consequences.
You cannot be arrested if you have a license but don’t have it on you when you are stopped. Florida Statue 322.15(1) says failing to present a license is a noncriminal traffic infraction. This falls under non moving violations. In most cases, you will get a citation without being arrested.
There are exceptions to this rule, however. If the officer who stops you suspects you do not have a license or you do not identify yourself, you may be detained. In rare instances, you may be arrested for further investigation.
If you are pulled over and you cannot present your license, the following may happen. The officer will ask you for your vehicle registration and proof of insurance. This should be in your car at all times.
You may tell the officer you forgot or misplaced your license. In that case, they may attempt to verify your license status on the FLHSMV (Florida Department of Highway Safety and Motor Vehicles) database.
If the officer can confirm you have a license, you may receive a citation because you do not have it on you.
It is possible to have the fine dismissed if you can show your valid license to the court before the deadline for the citation. You will, however, still have to pay court fees.
Sometimes, forgetting your license will result in a fine and nothing more. But, there are situations where you may be arrested. These include:
You can be arrested if you have never been issued a license or if your license has expired or been revoked. According to Florida Statute 322.03, operating any motor vehicle without a valid license is illegal.
If you are caught the first time, you will be charged with a second-degree misdemeanor. This can mean anything from 60 days in jail to six months’ probation to a $500 fine.
If you are stopped and the officer finds you have a suspended or revoked license, you can be arrested according to Statute 322.34. A first-time offense might mean 60 days’ jail time and a $500 fine. A second offense could see you going to jail for 12 months or getting a $1,000 fine.
Should you be caught for the third or fourth time, you may be charged with a third-degree felony. After being arrested, you may have to pay a $5,000 fine or prepare for a five-year prison stay.
If you are asked to identify yourself and you don’t, you may be arrested. This is according to Florida Statute 901.36. The same statute applies if you provide false identification to a police officer.
Having outstanding warrants or other violations on your name could also get you arrested. For instance, if an officer stops you and discovers you have a previous violation, such as DUI or reckless driving, they can arrest you.
Nobody wants to get into trouble with law enforcement. If you do what you are supposed to and carry your license with you, you should be able to avoid legal troubles. This means you should always check that you have your license on you before leaving the house.
Consider getting a digital driver’s license if you are in the habit of forgetting the physical one. Florida allows residents to use the Florida Smart-ID, a digital license you can keep on your phone. Keep in mind that this does not replace your physical ID.
Always renew your license on time. Note the expiration date and make extra effort to renew it before the deadline.
Do not forget to bring other required documentation, such as your registration and insurance, to your car. If you get pulled over and don’t have your license, be honest with the officer. Most importantly, remain calm and do not show any frustration you may be feeling.
A traffic stop does not have to be a traumatic experience if you provide the right information and show respect to the officer.
If you are arrested during a traffic stop and you believe your arrest is unlawful, there are steps you can take.
First, stay calm at all times. It will not help your situation to become angry or aggressive.
Ask to speak to your lawyer immediately and take note of the officer’s name and badge number. When your lawyer arrives, they will ask for a copy of the arrest report to see the charges against you.
If your lawyer believes your rights were violated, they can file a complaint. This way, you can challenge the arrest and have the charges dropped.
It is important to call your lawyer whether you are cited or arrested. It is the best way to ensure you are treated fairly and released if arrested unlawfully.
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