322.34 Driving while license suspended, revoked, canceled or disqualified.—
(1) Except as provided in subsection (2), any person whose driver's license or driving privileges have been canceled, suspended, or revoked, other than a “persistent traffic offender” as defined in subsection 322.264, who operates a vehicle on the highways of this state, while such license or privilege is canceled, suspended or revoked, is guilty of a moving violation, punishable under chapter 318.
(2) Any person whose driver's license or driving privileges have been canceled, suspended, or revoked as determined by law, or who does not have a driver's license or driving privilege but is under suspension or revoked equivalent status as defined in Sec. 322.01(42), except for persons defined in subsection 322.264, who, knowing such revocation, suspension, revocation, or equivalent status of suspension or revocation, operates any motor vehicle on the highways of this state while such certificate or privilege is revoked, suspended, or revoked, or while it is suspended or revoked of the state, shall:
(a) Misdemeanor of the second degree, punishable under the provisions of Sec. 775.082 or p. 775.083.
(b) 1. Felony of the first degree, punishable under Art. 775.082 or s. 775.083, after a second or subsequent conviction, except as provided in subsection (c).
2. A person convicted of a third or subsequent conviction, other than those specified in subsection (c), shall serve at least 10 days in jail.
(c) Felony of the third degree, punishable as specified in Sec. 775.082, s. 775.083, or s. 775.084, after a third or subsequent conviction, if the current violation of this section or the most recent prior violation of the section is related to driving while license revoked, suspended, revoked, or suspension or revocation with equivalent status as a result of the offence:
1. Driving under the influence.
2. Refusal to submit to urine, alcohol, or blood tests.
3. Traffic offense resulting in death or serious personal injury. that
4. Escape or elude.
The knowledge element is fulfilled if the person has previously reported as stated in subsection or the person acknowledges having knowledge of the cancellation, suspension or revocation or the suspension or cancellation of similar status, or a person who has received notification as mentioned in subsection There must be a rebuttable presumption that the knowledge requirement has been met, if a judgment or ruling as mentioned in subsection financial penalty. breach of responsibility.
(3) In any proceeding for a violation of this section, the court may consider evidence other than that specified in subsection (2) that the person knowingly violated this section.
(4) Any judgment or order made by a court or judicial body or a single traffic order canceling, suspending or revoking a person's driver's license or placing a person under suspension or deprivation of similar status shall contain a provision informing the person that, that the driver's license has been cancelled, suspended or revoked or has a similar status as suspended or revoked.
PCS. 5. Any person who is marked as a permanent violator of the traffic rules as defined in subsection 322.264, and whoever operates a motor vehicle on the highways of this state while marked as a habitual traffic offender is guilty of a felony of the third degree, punishable as provided in s. 775.082, p. 775.083 or p. 775.084.
(6) Any person driving a motor vehicle:
(a) Without a driver's license as required by s. 322.03; that
(b) While his driver's license or driving privilege has been canceled, suspended, or revoked pursuant to Sec. 316.655, s. 322.26(8), s. 322.27(2) or s. 322.28(2) or (4),
and whoever, by careless or negligent driving of a motor vehicle, causes the death or serious bodily injury of another, commits a crime of the 3rd degree, punishable under art. 775.082 or p. 775.083.
(7) Any person whose driver's license or driving privileges are revoked, suspended, revoked, or disqualified, or who does not have a driver's license or driving privilege, but is under suspension or revoked equivalent status and operates a commercial motor vehicle on highways in that state, while licensed or privilege cancelled, suspended, revoked or prohibited, or while equivalent status is suspended or revoked, if:
(a) A first conviction is guilty of a misdemeanor of the first degree, punishable as provided in subsection. 775.082 or p. 775.083.
(b) A second or subsequent conviction is guilty of a felony of the third degree, punishable as provided in Sec. 775.082, p. 775.083 or p. 775.084.
(8)(a) Upon arresting a person for the violation of driving while that person's license or privilege to operate is suspended or revoked, the arresting officer shall determine:
1. Whether the person's driver's license has been revoked or revoked, or whether the person under similar status has been revoked or revoked.
2. Whether the person's driver's license remains suspended or revoked, or whether the person is under suspension or revoked equivalent status, after being convicted of the misdemeanor of driving with a suspended or revoked license.
3. Whether the suspension, revocation or status of suspension or revocation has been made in accordance with Art. 316,646 or p. 627,733, which relate to failure to maintain the necessary security, or according to section 322,264, regarding persistent traffic offenders.
4. Whether the driver is the registered owner or co-owner of the vehicle.
(b) If the arresting officer affirms as to all the criteria in clause (a), the officer shall immediately impound or impound the vehicle.
(c) Within 7 business days after the vehicle has been impounded or immobilized by the impounding agency, either the impounding agency or the towing agency, whichever is in possession of the vehicle, shall send notice by registered mail to any other registered owner of vehicle of the arrested and to any person claiming a lien on the vehicle. All costs and charges for seizure or immobilization, including notification costs, must be paid by the owner of the vehicle or, if the vehicle is rented, by the person renting the vehicle.
(d) The impounding or towing agency, whichever is in possession of the vehicle, shall determine whether a vehicle impounded or immobilized pursuant to this section is rented or leased or whether there are persons attached to the vehicle. The impounding or towing company, whichever is in possession of the vehicle, notifies the registered owner and all persons with a registered lien on the vehicle by courier with receipt or registered mail within 7 business days from the date the vehicle was stopped. or impounded vehicle temporarily impounded or put into circulation. The lessor, car rental company or lien holder may then take possession of the vehicle after paying any legal towing or storage costs. If the vehicle is a rental vehicle subject to a written contract, the charges may be collected separately from the renter, in addition to the rental price, together with other special charges, fees and charges specified in the rental agreement. If the Storage Facility fails to provide timely notice to the Lessor, Car Rental Company, or User as required by this Section, the Storage Facility shall be responsible for paying any towing or storage fees necessary to release the Vehicle to the Lessor, Car Rental Company, or User arising after the notice period, and what charges may then be imposed on the driver of the vehicle if the vehicle is lawfully impounded or stopped.
(e) Except as provided in subsection (d), the vehicle shall remain impounded or stopped for any period determined by the court until:
1. The owner presents proof of insurance to the arresting agency. that
2. The owner will provide the impounding agency with proof of the sale of the vehicle and the buyer will provide the impounding agency with proof of insurance.
If proof is not presented within 35 days of seizure or impoundment, the vehicle in question will be subject to a lien pursuant to Sec. 713.78.
(f) The owner of a vehicle seized or impounded under this subsection may, within 10 days after the owner becomes aware of the location of the vehicle, file a complaint with the county in which the owner resides for to determine whether the vehicle has been impounded. or illegally taken. After filing a complaint, the owner or user may request the release of the vehicle by providing a bond or other appropriate security equal to the costs and charges of storage or immobilization, including towing or storage, to ensure payment of such costs and charges, if the owner or user does not take precedence. When the owner or user of the vehicle is unsuccessful in a claim that the vehicle has been wrongfully impounded or detained, they must pay the accrued immobilization or storage fees, including any towing and storage fees assessed on the vehicle. When the bond is registered and the fee is paid as prescribed in art. 28.24 the court clerk issues a certificate of release of the vehicle in traffic. Upon release, the owner must, after a reasonable inspection, provide the towing or storage company with a certificate of loss or damage to the vehicle or its contents.
(9)(a) A motor vehicle operated by a person under the influence of alcohol or drugs in violation of Sec. 316.193 subject to seizure and confiscation according to §§ 932.701-932.7062 and subject to lien for vehicle recovery, towing or storage according to art. 713.78 if the person's driver's license at the time the offense was committed was revoked, revoked or revoked, or equivalent status was revoked or revoked, as a result of a prior conviction for driving under the influence.
(b) The law enforcement officer shall notify the Department of Highway and Motor Vehicle Safety of any seizure or forfeiture for violation of subsection (a) in accordance with procedures prescribed by the department.
(c) Notwithstanding s.932.7055, when the impounding agency makes a final determination to authorize the impoundment of a motor vehicle under this section, 30 percent of the net proceeds from the sale of the motor vehicle shall be retained by the impounding agency. The remaining 70 percent of the proceeds will be used first to pay court costs, fines and remaining fees, and any remaining proceeds will be deposited in the General Revenue Fund for use by local workforce development boards to provide transportation services to welfare transition program participants. In a forfeiture case pursuant to this section, the court can decide to what extent the owner's family has other public or private means of transport.
(10)(a) Subject to any other provision of this section, if the person has not previously been convicted of a felony as defined in subsection s.776.08, the penalties in subsection (b) apply if the person's driver's license or privilege to drive is revoked , suspended or revoked, or the person is under suspension or revocation of equivalent status, for:
1. Inability to pay maintenance for a child as stipulated in art. 322.245 or p. 61.13016;
2. Nonpayment of any other financial obligation as provided in Sec. 322,245 except as stated in section 322.245(1);
3. Non-compliance with the civil penalty prescribed in s. 318.15;
4. Failure to maintain financial responsibility for the vehicle as required by chapter 324.
5. Failure to meet attendance requirements or other requirements for minors as specified in Sec. 322,091; that
6. When he was declared a permanent traffic offender under Art. 322.264(1)(d) as a result of the suspension of his driver's license or driving privileges for any of the underlying violations listed in s. 1-5.
(b) 1. After a first conviction for knowingly driving while his/her license is suspended, revoked, or revoked, or under suspension or revocation of similar status, for one of the predicate offenses listed in subsection (a) 1.-6, the person commits an offense of the second degree, punishable under the provisions of art. 775.082 or p. 775.083.
2. After a second or subsequent conviction for the same offense of knowingly driving while his license is suspended, revoked, or revoked, or under suspension or revocation of similar status, for any of the underlying offenses listed in subsection (a)1. -6., a person commits a misdemeanor of the first degree, punishable under art. 775.082 or p. 775.083.
(11)(a) A person who does not have a commercial driver's license cited for the violation of knowingly driving while his or her driver's license is suspended, revoked, or revoked, or under suspension or revocation of similar status, for any of the underlying violations listed in paragraph (10)(a), instead of paying a fine or appearing in court, may choose to plead nolo contendere and submit proof of compliance to the clerk of court, designated officer, or authorized traffic violation office operator . In that case, the trial will be terminated. However, no election is made under this subsection if the person concerned has made an election under this subsection within the past 12 months. One person may not make more than three elections under this subsection.
(b) If judgment is denied under subsection (a), such action shall not constitute a conviction.
History.—p. 46, Chapters 19551, 1939; CGL 1940 Supp. 8135(60); little. 46, Chapter 20451, 1941; little. 7, Chapter 22858, 1945; little. 1, chap. small. 59-3; little. 214, chs 71-136; little. 7, Chapters 72-175; little. 4, Chapters 76-153; little. 69, Chapters 88-381; little. 23, Chapters 89-282; little. 85, Chapters 94-306; little. 941, ch. 95-148; little. 1, Chapters 95-202; little. 1, Chapters 95-278; little. 40, Chapters 97-300; little. 12, Chapters 98-223; little. 10, Chapters 98-324; little. 108, Chapter 99-13; little. 1, Chapters 99-234; little. 46, Chapters 99-248; little. 85, chapter 2000-165; little. 64, Chapter 2008-4; little. 1, Chapter 2008-53; little. 5, Chapter 2009-206; little. 4, Chapter 2010-107; little. 39, Chapter 2010-223; little. 5, Chapter 2014-225; little. 7, Chapter 2016-179; little. 10, Chapter 2016-216; little. 12, Chapter 2019-167; little. 16, chapter 2021-187.