Expired driver license more than statutory grace period
Florida Statute § 322.03(6)
Summary verified against the 2026 Florida Statutes: October 1, 2026.
Quick Summary
This track applies when a driver operates a motor vehicle on a highway with a license expired MORE than 6 months under current §322.03(6). Confirm the actual expiration date and operation; the first 6 months fall under the civil provision in §322.065. Commercial licenses have a separate 30-day rule. Check any statutory extension or exemption, and distinguish expiration from suspension/revocation. A license valid at arrest but not produced roadside has a statutory dismissal procedure.
Summary sources
Classification, Points & Penalties
Classification, Points & Penalties
- Category
- Driver License
- Type
- Criminal Traffic
- Civil / Criminal
- Criminal
- Offense Classification
- Misdemeanor
- Degree
- 2nd Degree
- Points
- 0
- Fine / Penalty
- Court determined
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
- Yes
- NTA Eligible
- Potentially — Rule 3.125; subject to exceptions and traffic-specific procedure
- Custodial Arrest
- Yes — NTA may be an alternative when legally/procedurally authorized
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
Driving a motor vehicle on a Florida highway without a valid required license violates §322.03(1), subject to chapter exemptions such as qualifying nonresident licenses, official federal operation, temporary farm equipment, and authorized adult golf-cart use. Establish highway operation, identity, license status, and the absence of an applicable authorization. First, second, and later convictions have different penalties. A valid license merely not carried is a different civil issue; producing a license valid at arrest may require dismissal under subsection (7).
Review required facts and applicable instructions →