The Law Offices Of Kevin J. Pitts
Daytona Beach Violation of Driver's Lecense Restriction Attorney
Under Florida law a driver's license can have restrictions placed on it. Violating a driver's license restriction can be a criminal offense. Restrictions on driver's licenses can take many forms, including requiring a driver to wear corrective glasses or contact lenses or barring younger drivers from driving with passengers at night. If you are found to be in violation of license restrictions, you could be facing fines up to $500, you could have your license suspended or revoked, have points assessed to your license and could be sentenced to jail or probation in some cases. Some Daytona Beach violation of driver’s license restriction cases are second degree misdemeanors that can result in up to 60 days of jail. Obviously we don’t often see much punishment on Daytona Beach violation of corrective lens restriction cases (A restriction). The State Attorney’s office often requests jail on Daytona Beach violation of DUI restriction cases. The most common DUI restriction we see is violation of a business purpose only or C restriction. We also occasionally see violation of employment purpose or D restriction and violation of a P restriction or interlock device. These cases have defenses and attorney Kevin J. Pitts has the experience to get the best possible outcome in your case. Mr. Pitts is a former Daytona Beach prosecutor and understands the difficulties the state faces in these cases. If you are arrested or cited for a Daytona Beach violation of driver’s license restriction contact Daytona Beach DUI lawyer Kevin J. Pitts for a free consultation.
A. Daytona Beach Corrective Lenses
B. Daytona Beach Outside Rearview Mirror
C. Daytona Beach Business Purposes
D. Daytona Beach Employment Purposes
E. Daytona Beach Daylight Driving Only
F. Daytona Beach Automatic Transmission
G. Daytona Beach Power Steering
I. Daytona Beach Directional Signals
J. Daytona Beach Grip on Steering Wheel
K. Daytona Beach Hearing Aid
L. Daytona Beach Seat Cushion
M. Daytona Beach Hand Control or Pedal Extension
N. Daytona Beach Left Foot Accelerator
P. Daytona Beach Probation-Interlock Device
S. Daytona Beach Other Restrictions
T. Daytona Beach No Passengers
X. Daytona Beach Medical Alert Bracelet (322.16(1)(d) no penalty for violating)
Y. Daytona Beach Education Purposes
322.16 License restrictions.—
(1)(a) The department, upon issuing a driver’s license, may, whenever good cause appears, impose restrictions suitable to the licensee’s driving ability with respect to the type of special mechanical control devices required on a motor vehicle that the licensee may operate, including, but not limited to, restricting the licensee to operating only vehicles equipped with air brakes, or imposing upon the licensee such other restrictions as the department determines are appropriate to assure the safe operation of a motor vehicle by the licensee.
(b) The department may further impose other suitable restrictions on use of the license with respect to time and purpose of use, including, but not limited to, a restriction providing for intrastate operation only, or may impose any other condition or restriction that the department considers necessary for driver improvement, safety, or control of drivers in this state.
(c) The department may further, at any time, impose other restrictions on the use of the license with respect to time and purpose of use or may impose any other condition or restriction upon recommendation of any court, of the Parole Commission, or of the Department of Corrections with respect to any individual who is under the jurisdiction, supervision, or control of the entity that made the recommendation.
(d) The department may impose a restriction upon the use of the license requiring that the licensee wear a medical identification bracelet when operating a motor vehicle. Medical identification bracelet restrictions must be coded on the license of the restricted operator. There is no penalty for violating this paragraph.
(2) A person who holds a driver’s license and who is under 17 years of age, when operating a motor vehicle after 11 p.m. and before 6 a.m., must be accompanied by a driver who holds a valid license to operate the type of vehicle being operated and is at least 21 years of age unless that person is driving directly to or from work.
(3) A person who holds a driver’s license who is 17 years of age, when operating a motor vehicle after 1 a.m. and before 5 a.m., must be accompanied by a driver who holds a valid license to operate the type of vehicle being operated, and is at least 21 years of age unless that person is driving directly to or from work.
(4) The department may, upon receiving satisfactory evidence of any violation of the restriction upon such a license, except a violation of paragraph (1)(d), subsection (2), or subsection (3), suspend or revoke the license, but the licensee is entitled to a hearing as upon a suspension or revocation under this chapter.
(5) It is a misdemeanor of the second degree, punishable as provided in s. 775.082 or s. 775.083, for any person to operate a motor vehicle in any manner in violation of the restrictions imposed under paragraph (1)(c).
(6) Any person who operates a motor vehicle in violation of the restrictions imposed under paragraph (1)(a), paragraph (1)(b), subsection (2), or subsection (3) will be charged with a moving violation and fined in accordance with chapter 318.