Violation of Restricted Driver’s Licenses
Florida law empowers the Department of Highway Safety and Motor Vehicles (DMV) to impose any of several restrictions on a person’s driving privileges including how that person may drive, the conditions under which they may drive, and the purposes for which they may drive. (Fla. Stat. § 322.16). Violating the any of the restrictions that the DMV imposed on an individual’s license constitutes a second-degree misdemeanor punishable by 60 days in jail, six months of probation, and a $500 fine.
Some restrictions imposed by the DMV serve to address the physical limitations of some people, such as a sideview mirror requirement for motorists who are blind in one eye.
Often, the restriction limits the driver’s ability to drive for “Business Purposes Only”. A Business Purposes Only permit “means a driving privilege that is limited to any driving necessary to maintain livelihood, including driving to and from work, necessary on-the-job driving, driving for educational purposes, and driving for church and medical purposes.” Similarly, the DMV could restrict one’s privilege to drive for “Employment Purposes Only”, which is more restrictive than the Business Purposes Only permit. This restriction limits one’s driving privilege to driving to and from work and any necessary on-the-job driving required by an employer or occupation. Fla. Stat. § 322.27.
Violations of Restricted Driver’s License charges are highly defendable, as they almost always stem from an officer believing the driver violated a Business Purposes Only restriction, which allows driving for numerous reasons. Because the burden lies with the State, the prosecutor must prove beyond a reasonable doubt that the driver was not driving for a permissible reason. The inability of the State to prove this element often results in a dismissal.
If you have been accused of a violation of a restriction on your driver’s license, call Michael White today for a free consultation.