Permitting an Unauthorized Operator to Drive
Many people are surprised to learn that you can be charged with a criminal offense if you allow a person to drive 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 driver’s license is suspended for DUI or as a habitual traffic offender;
- the person has a suspended, revoked or cancelled driver’s license.
Penalties for Permitting Unauthorized Driver
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’s 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.
We can explain why Florida Statute 322.36 allows an owner of a vehicle to be charged with a crime for allowing another person to drive their vehicle if they are aware that the other person has a suspended license.
At Sammis Law Firm, we have offices conveniently located in downtown Tampa, Clearwater, and New Port Richey, FL.
Contact us to discuss your driving or traffic charge. We can begin your defense today. Call 813-250-0500.
This article was last updated on Friday, December 30, 2022.