Driving in violation of a driver license restriction can be a criminal offense in Florida. A violation of a work purposes only license or a violation of any license restricted due to a DUI conviction will result in criminal charges. Not all violations of driver license restrictions are crimes but all cases do have to be proven beyond a reasonable doubt.
A common driver license restriction for people who have been convicted of DUI or have had their driver license suspended is to have an employment purposes or business purposes restriction. These licenses can be issued to self employed people.
Whether the driving qualifies as an employment or business purpose is a factual matter and the State must prove the driver was not operating a vehicle within the restrictions. In a recent case an individual was stopped after an officer observed a pick-up truck driving somewhat randomly around a residential neighborhood during the daytime. The driver claimed that he was collecting scrap as his sole source of income and described himself as “self-employed”. The trial judge convicted the driver and noted the lack of proof of employment or income such as tax filings but the appellate court held this was an improper shifting of the burden and reversed the conviction.
The best course of action on the side of the road is to realize that you have the right to remain silent. Many of these cases are proven by the video evidence of a defendant admitting the violation. If the driver made a statement, then in many instances that statement can be used against the driver in court. All hope is not lost; contact an attorney to discuss your case.
If you or a loved one is accused of any driver license or traffic offense, then click or call to have a free consultation and hire a lawyer.