DRIVING WHILE LICENSE SUSPENDED OR REVOKED (F.S. § 322.34(2)(a))
CASE DISMISSED (NOLLE PROSEQUI)
Escambia County, FL
April 8, 2026
Client, a non-citizen, was charged in Escambia County with Knowingly Driving While License Suspended, Cancelled, Revoked, or the Equivalent (F.S. § 322.34(2)(a)), a second-degree misdemeanor carrying up to 60 days in the county jail and up to a $500 fine. Although the immediate sentencing exposure was modest, the long-term licensing consequences were significant. A conviction for DWLS triggers additional administrative license suspensions under Florida law, and successive DWLS convictions can lead to Habitual Traffic Offender (HTO) designation under F.S. § 322.264 — a status that carries a five-year license revocation and, on any further driving offense, exposes the driver to a third-degree felony charge under F.S. § 322.34(5). For a non-citizen client, even minor criminal convictions can complicate any pending or future immigration application, particularly where multiple convictions accumulate over time. The client needed a complete dismissal to protect both driving privileges and immigration prospects.
The defense team obtained the State's discovery, including the body-worn camera footage and the underlying license records, and identified proof issues with the elements the State would be required to establish — particularly with respect to actual or constructive knowledge of the suspension at the time of the alleged offense. Through sustained pretrial advocacy and direct engagement with the State Attorney's Office, we secured a complete dismissal of the charge. The State entered a Nolle Prosequi, ending the case entirely. The client emerged with no conviction, no further damage to driving privileges from this incident, no immigration-related conviction record from this case, and full eligibility to seal or expunge the arrest record. Past results do not guarantee future outcomes; each case depends on its facts and circumstances.