DWLSR — unknowingly
Florida Statute § 322.34(1)
Summary verified against the 2026 Florida Statutes: October 1, 2026.
Quick Summary
The civil track applies to highway driving while a license/privilege is canceled, suspended, or revoked when the criminal knowledge requirement is not established, excluding the habitual-offender track. Verify the actual status and dates and investigate knowledge rather than assuming it from a database return. Admissions, an earlier citation, or statutory notice may support knowledge and change the charge. Record the basis for selecting the civil track; no valid license and commercial disqualification are distinct provisions.
Summary sources
Classification, Points & Penalties
Classification, Points & Penalties
- Category
- Driver License
- Type
- Moving
- Civil / Criminal
- Civil
- Offense Classification
- Moving infraction
- Points
- 3
- Fine / Penalty
- $60 base moving penalty
- FLHSMV Code
- 609
Base fines are not the total payable amount. Costs, enforcement method, crash consequences, prior history, and court disposition can change penalties or points. A reported zero does not rule out license suspension or revocation.
Court & Enforcement
Court & Enforcement
- Mandatory Court
- No, generally
- NTA Eligible
- N/A — civil citation
- Custodial Arrest
- No — civil infraction (absent separate lawful basis)
NTA means notice to appear. Eligibility is conditional; these fields do not independently authorize arrest. Confirm the exact statutory track, lawful arrest authority, traffic procedure, and agency policy.
Arrest authority guideCivil infractions resulting in death or serious bodily injury require a hearing under §318.19.
Offense Guidance
Offense Guidance
Verify highway driving, operative license status, knowledge, prior convictions, and the underlying suspension basis. A third conviction alone is not a felony: subsection (2)(c) requires additional specified circumstances. Subsection (10) provides misdemeanor penalties for qualifying financial/attendance suspensions and qualifying HTO histories when there is no prior forcible felony. Check the eligibility guide before selecting the charge. Commercial-vehicle operation and careless/negligent driving causing death or serious bodily injury have separate requirements.
Review required facts and applicable instructions →