• Attorney Joseph Soler

Can I be charged with Driving on a Suspended License if I was not driving?

Believe it or not, in the State of Florida a person can be arrested, charged, and convicted of Driving on a Suspended Driver License when they were not actually driving at all. If a person's license is suspended and the prosecutor can prove that the person was in “actual physical control” of a vehicle, then Florida law says that the person can be convicted of Driving on a Suspended License.


What is Actual Physical Control?


The state must be able to prove that the person was physically in or on the vehicle and had the capability to operate the vehicle, regardless of whether the defendant was actually operating the vehicle at the time.


What are some things that may indicate that a person was in actual physical control of a vehicle?


  • The location of the keys - were they in the ignition, somewhere near the ignition, or in the person’s hands?

  • Was the vehicle running?

  • If at night, were the vehicle’s lights on?

  • The location of the person in the vehicle - was the person in the driver’s seat?

  • Is the vehicle operable - does the person have the ability to start the vehicle and drive away?

The prosecutor will attempt to argue a variety of factors to try to convince a judge or jury that the person was in actual physical control of the vehicle. A criminal defense attorney will argue factors that would indicate that a person did not simply have the ability to turn the keys and drive away, and thus was not in actual physical control of the vehicle.


Have you been charged with driving on a suspended license?


If you have been charged with driving on a suspended license and would like to talk to an attorney who can defend you, please call us for a free case evaluation. For more information on Driving on a Suspended License Law in Florida and our law firm, please visit our page here.

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