License Revocation and Non-Highway Driving

Fort Lauderdale DUI attorney William Moore is often asked about persons who were convicted for operating a vehicle where their license was permanently revoked prior to 2003.

Broward County DUI attorneys know that prior to 2003:

Any person whose driver’s license or driving privilege has been permanently revoked pursuant to law and who drives a motor vehicle upon the highways of this state is guilty of a third-degree felony, punishable as provided by law. However, a defendant who drives on a road that is closed for construction cannot be convicted of driving while license permanently revoked where the statute defining “highway” in the context of driver’s licenses does not include roads closed for construction, and the rule of lenity precludes the use of a broader definition to the defendant’s prejudice.

Although the statute barring driving with a permanently revoked license was unconstitutional as a result of a single subject violation that occurred in the process of its enactment, its subsequent reenactment in 2003 cured the single subject violation and thus a defendant who allegedly committed the offense after the state’s laws were reenacted could be charged with driving while his license was permanently revoked. Defendants who fall within the window period, i.e., who committed their offenses on or after July 1, 1998, but before the reenactment became effective on May 21, 2003, will be entitled to have their convictions for driving while license permanently revoked vacated.

If you have questions about a conviction for driving on a permanently revoked driver license we would be happy to help point you in the right direction.

Additional Resources:

Broward County DUI Lawyer