What to do if I was involved in an auto accident that was not my fault but I have a suspended license?

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What to do if I was involved in an auto accident that was not my fault but I have a suspended license?

I have an eye-witness that also states, it’s not my fault. What are my options in fighting this? nd what kind of penalty am I looking at?

Asked on November 23, 2012 under Accident Law, Florida

Answers:

M.T.G., Member, New York Bar / FreeAdvice Contributing Attorney

Answered 9 years ago | Contributor

Okay first the issues with the suspended license. In Florida it is a criminal offense to drive with a suspended or revoked license. Depending on the reasons for suspension and whether repeat violations are involved, the charge may either be a misdemeanor or a felony. The penalties depend on the offense: First and second time offenses are considered to be misdemeanors, punishable by an imprisonment term not to exceed 60 days, and/or fines not to exceed $500; Third time offenses are classified as a felony punishable by a prison term not to exceed 5 years and/or fines of up to $5,000.  Now, driving with a suspended license is not an indicia of negligence under the law.  In other words, there is not an automatic assumption that because it was suspended you were at fault.  I would speak with an attorney in your area as soon as you can and keep this witness close.  Good luck.


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