DRIVING WHILE LICENSE SUSPENDED OR REVOKED (F.S. § 322.34(2)(a)); LEAVING THE SCENE OF AN ACCIDENT (F.S. § 316.061(1))
ALL CHARGES DISMISSED (NOLLE PROSEQUI)
Escambia County, FL
May 13, 2026
Client was charged in Escambia County with Driving While License Suspended or Revoked (F.S. § 322.34(2)(a)), a second-degree misdemeanor, and Leaving the Scene of an Accident Without Giving Information (F.S. § 316.061(1)), a second-degree misdemeanor. Each charge carried up to 60 days in the county jail and up to a $500 fine, but the more serious threat was the impact on the client's driving privileges. A conviction for DWLS triggers automatic and additional 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, exposure to a third-degree felony under F.S. § 322.34(5). Beyond the licensing consequences, a leaving-the-scene conviction is a crime of dishonesty in the eyes of many employers and insurers, with cascading effects on insurance premiums, employment screening, and any role requiring a clean driving record. The case was further complicated by [REDACTED].
The defense team obtained and reviewed all available discovery, including the law enforcement narrative, dispatch records, and any available scene documentation. We identified evidentiary issues with both counts — including [REDACTED] proof issues with respect to identification, notice, and the specific elements the State would be required to prove on each charge. We also identified that the State had filed a duplicate charge in this matter, creating an additional procedural vulnerability for the prosecution. Through written advocacy and direct negotiation with the State Attorney's Office, we secured a complete favorable resolution: the Leaving the Scene of an Accident charge was dismissed outright, and the DWLS charge was Nolle Prosequi'd as a duplicate filing. The client emerged with no conviction on either count, no jail time, no probation, no further damage to driving privileges from this incident, and full eligibility to seal or expunge the arrest record entirely. Past results do not guarantee future outcomes; each case depends on its facts and circumstances.
