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Violation of the Restricted License

Under § 322.16(5), Fla. Stat., violation of a restriction imposed pursuant to § 322.16(1)(c), Fla. Stat., is classified as a second-degree misdemeanor which is punishable by up to 60 days in jail and a $500 fine. Under § 322.16(6), Fla. Stat., a violation of a restriction imposed pursuant to another subsection is a moving violation.

The jury instructions for the crime of Operating a Motor Vehicle in Violation of the Restrictions Imposed in a Restricted License under § 322.16, Fla. Stat., were originally adopted in 1981 and last amended on October 2, 2020.

To prove the crime of Operating a Motor Vehicle in Violation of the Restrictions Imposed in a Restricted License, the State must prove the following four elements beyond a reasonable doubt:

  1. The Defendant drove a motor vehicle upon a highway in this state;
  2. The license was restricted by the Department of Highway Safety and Motor Vehicles of this state;
  3. The restriction was noted upon the license; and
  4. The defendant operated the motor vehicle in violation of the restriction.

The term “restricted operator’s or chauffeur’s license” means a license issued by the Department of Highway Safety and Motor Vehicles which is restricted in any manner.

Attorney for Violations of a Restricted License in Florida

If you were charged under § 322.16(5), Fla. Stat., with violation of a restriction imposed pursuant to § 322.16(1)(c), Fla. Stat., then contact an experienced criminal defense attorney at Sammis Law Firm in Tampa, FL.

Our attorneys represent clients on related charges for Driving While License Suspended, Revoked or Canceled With Knowledge § 322.34(2), Fla. Stat.

Call 813-250-0500.


This article was last updated on Friday, April 16, 2021.