Permitting an Unauthorized Operator to Driver

Many people are surprised to learn that you can be charged with a criminal offense if you allow a person to driver your car when you have knowledge that the person is not authorized to operate a vehicle.

Proving the knowledge element is often very difficult because the person borrowing your vehicle may not want you to know that their driver’s license is not valid.

Florida Statute 322.36 provides that the offense occurs if you have knowledge that the driver is unauthorized to drive the vehicle for any of the following reasons:

• the person does not have a valid driver’s license; or
• the person’s driver license is suspended for DUI or is a habitual traffic offender;
• the person has a suspended, revoked or cancelled driver’s license.

Penalties for Permitting Unauthorized Driver Charge

Any violation of Florida Statute Section 322.36 for permitting an unauthorized operator to drive the vehicle is punishable as a second degree misdemeanor pursuant to Florida Statute Section 775.082 or 775.083.

The person who is charged with the offense can also have their driver license suspended for twelve months if the offense of permitting an unauthorized person to drive the vehicle resulted in an accident that caused death or serious bodily injury.

Attorney for Section 322.36 Violations in Tampa, FL

If you were charged with either the first or second degree version of this criminal offense in Tampa or Plant City in Hillsborough County, FL, then hire an experienced criminal defense attorney at the Sammis Law Firm.

Call us to discuss your driving or traffic charge. We can begin your defense today.