No Valid Commercial Driver’s License
In order to drive a commercial vehicle in Florida, the driver must possess a valid commercial driver’s license. If the driver is a resident of the State of Florida, then the driver must possess a valid Florida commercial driver’s license.
Under Florida law, a driver can obtain one of three different types of commercial driver’s licenses – A, B, or C.
Each different type of commercial driver’s license provides for different restrictions, particularly focused on the weight of the commercial vehicle. If a driver does not possess the appropriate type of commercial driver’s license for the particular type of commercial vehicle driven in Florida, then the driver can be arrested for a first degree misdemeanor criminal offense pursuant to Florida Statutes Section 322.03.
First degree misdemeanors are punishable by up to 364 days in the county jail or a $1,000.00 fine plus court costs.
Attorney for “No Valid” CDL Crimes in Tampa, FL
If you are charged with the criminal offense of driving with “no valid commercial license” contact Sammis Law Firm to discuss your best defense with an experienced attorney.
Our attorneys represent commercial drivers charged with traffic related offenses in Tampa and Plant City for Hillsborough County, Bartow for Polk County, Clearwater and St. Petersburg for Pinellas County, Dade City and New Port Richey for Pasco County, and Brooksville in Hernando County, FL.
We work with our clients to protect them from criminal charges and consequences to their Florida driver’s license.
Contact us to discuss your case with a lawyer today. Call 813-250-0500.
Elements of No Valid Commercial Driver’s License
In order to provide the criminal offense of No Valid Commercial Driver’s License, the prosecutor for the State of Florida must prove the following two elements beyond a reasonable doubt:
- The defendant drove or was in actual physical control of a commercial motor vehicle upon a highway in this state; and
- At the time, the defendant did not have a valid commercial driver’s license issued by the Department of Highway Safety and Motor Vehicles of the State of Florida.
Definition of a “Commercial Motor Vehicle”
Pursuant to Section 322.01(8), a “commercial motor vehicle” is defined as any motor vehicle which:
- Has a gross vehicle weight rating of 26,001 pounds or more;
- Is designed to transport more than 15 persons, including the driver; or
- Is transporting hazardous materials and is required to be placarded in accordance with Title 49 C.F.R. part 172, subpart F.
Pursuant to Florida Statute Section 322.01(7) a “valid commercial driver’s license” means a Class A, Class B, or Class C driver’s license issued by the Department of Highway Safety and Motor Vehicles (DHSMV) of the State of Florida which has not expired, been suspended, revoked or canceled.
This article was last updated on Friday, May 21, 2021.