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Driving
Applying for Hardship Driver Licenses (Melbourne, Palm Bay, Brevard, Florida)
So, who can apply for a hardship license?
Looking at who cannot apply for a reinstatement of driving privileges might be an easier way to answer this question. A driver with a ‘clean’ driving record and who can demonstrate a genuine hardship is going to find it easier to obtain a hardship license than one with multiple DUI offenses and no legitimate need to drive a vehicle.
Generally, you cannot apply for reinstatement of a Florida driver’s license if you’ve been convicted of a drinking-driving related offense or had your driving privileges restricted two or more times for a drinking-driving related offense[1].
- Three letters of recommendation from respected persons in the community in which you live.
- Proof of meeting driver improvement school requirements as provided in Section 322.271, F.S.
- Any paperwork you may have showing that driving is necessary to your employment and to reach your employment or school
[1] FAC 15A-1.019(5)
Traffic and Driving
Traffic Citation Hearings
1. Certain infractions that result in serious bodily injury or death result in mandatory court hearings. SEE BELOW
2. Certain infractions result in a person having to take a driver improvement class. SEE BELOW
3. A person can only elect to take one driving improvement class in a 12 month period to avoid points, and only five classes in a lifetime, however a person can be ordered by a Judge or hearing officer to take a class any time and there is no limit how many times a person can be ordered to take a class. SEE BELOW
318.19 Infractions requiring a mandatory hearing.–Any person cited for the infractions listed in this section shall not have the provisions of s. 318.14(2), (4), and (9) available to him or her but must appear before the designated official at the time and location of the scheduled hearing:(1) Any infraction which results in a crash that causes the death of another;(2) Any infraction which results in a crash that causes “serious bodily injury” of another as defined in s. 316.1933(1);(3) Any infraction of s. 316.172(1)(b);(4) Any infraction of s. 316.520(1) or (2); or(5) Any infraction of s. 316.183(2), s. 316.187, or s. 316.189 of exceeding the speed limit by 30 m.p.h. or more.
316.1933 Blood test for impairment or intoxication in cases of death or serious bodily injury; right to use reasonable force.–
(b) The term “serious bodily injury” means an injury to any person, including the driver, which consists of a physical condition that creates a substantial risk of death, serious personal disfigurement, or protracted loss or impairment of the function of any bodily member or organ.
318.14 Noncriminal traffic infractions; exception; procedures.–
(5) Any person electing to appear before the designated official or who is required so to appear shall be deemed to have waived his or her right to the civil penalty provisions of s. 318.18. The official, after a hearing, shall make a determination as to whether an infraction has been committed. If the commission of an infraction has been proven, the official may impose a civil penalty not to exceed $500, except that in cases involving unlawful speed in a school zone or involving unlawful speed in a construction zone, the civil penalty may not exceed $1,000; or require attendance at a driver improvement school, or both. If the person is required to appear before the designated official pursuant to s. 318.19(1) and is found to have committed the infraction, the designated official shall impose a civil penalty of $1,000 in addition to any other penalties and the person’s driver’s license shall be suspended for 6 months. If the person is required to appear before the designated official pursuant to s. 318.19(2) and is found to have committed the infraction, the designated official shall impose a civil penalty of $500 in addition to any other penalties and the person’s driver’s license shall be suspended for 3 months. If the official determines that no infraction has been committed, no costs or penalties shall be imposed and any costs or penalties that have been paid shall be returned. Moneys received from the mandatory civil penalties imposed pursuant to this subsection upon persons required to appear before a designated official pursuant to s. 318.19(1) or (2) shall be remitted to the Department of Revenue and deposited into the Department of Health Administrative Trust Fund to provide financial support to certified trauma centers to assure the availability and accessibility of trauma services throughout the state. Funds deposited into the Administrative Trust Fund under this section shall be allocated as follows:
(a) Fifty percent shall be allocated equally among all Level I, Level II, and pediatric trauma centers in recognition of readiness costs for maintaining trauma services.
(b) Fifty percent shall be allocated among Level I, Level II, and pediatric trauma centers based on each center’s relative volume of trauma cases as reported in the Department of Health Trauma Registry.
(6) The commission of a charged infraction at a hearing under this chapter must be proved beyond a reasonable doubt.
316.122 Vehicle turning left.–The driver of a vehicle intending to turn to the left within an intersection or into an alley, private road, or driveway shall yield the right-of-way to any vehicle approaching from the opposite direction, or vehicles lawfully passing on the left of the turning vehicle, which is within the intersection or so close thereto as to constitute an immediate hazard. A violation of this section is a noncriminal traffic infraction, punishable as a moving violation as provided in chapter 318.
316.122 Vehicle turning left.–The driver of a vehicle intending to turn to the left within an intersection or into an alley, private road, or driveway shall yield the right-of-way to any vehicle approaching from the opposite direction, or vehicles lawfully passing on the left of the turning vehicle, which is within the intersection or so close thereto as to constitute an immediate hazard. A violation of this section is a noncriminal traffic infraction, punishable as a moving violation as provided in chapter 318.
316.1925 1 Careless driving.–
(1) Any person operating a vehicle upon the streets or highways within the state shall drive the same in a careful and prudent manner, having regard for the width, grade, curves, corners, traffic, and all other attendant circumstances, so as not to endanger the life, limb, or property of any person. Failure to drive in such manner shall constitute careless driving and a violation of this section.(2) Any person who violates this section shall be cited for a moving violation, punishable as provided in chapter 318.318.19. (1), (2)
322.0261 Driver improvement course; requirement to maintain driving privileges; failure to complete; department approval of course.–
(1) The department shall screen crash reports received under s. 316.066 or s. 324.051 to identify crashes involving the following: (a) A crash involving death or a bodily injury requiring transport to a medical facility; (b) A second crash by the same operator within the previous 2-year period involving property damage in an apparent amount of at least $500; or (c) A third crash by the same operator within 36 months after the first crash. (2) With respect to an operator convicted of, or who pleaded nolo contendere to, a traffic offense giving rise to a crash identified in paragraph (1)(a) or paragraph (1)(b), the department shall require that the operator, in addition to other applicable penalties, attend a department-approved driver improvement course in order to maintain his or her driving privileges. If the operator fails to complete the course within 90 days after receiving notice from the department, the operator’s driver’s license shall be canceled by the department until the course is successfully completed. (3) With respect to an operator convicted of, or who pleaded nolo contendere to, a traffic offense giving rise to a crash identified in paragraph (1)(c), the department shall require that the operator, in addition to other applicable penalties, attend a department-approved driver improvement course in order to maintain his or her driving privileges. The course must include behind-the-wheel instruction and an assessment of the operator’s ability to safely operate a motor vehicle. Successful completion of a behind-the-wheel examination is required in order to receive completion credit for the course. If the operator fails to complete the course within 90 days after receiving notice from the department, the operator’s driver’s license shall be canceled by the department until the course is successfully completed. (4) The department shall identify any operator convicted of, or who pleaded nolo contendere to, a violation of s. 316.074(1)( Obedience to and required traffic control devices.–) 316.075(1)(c)1.( Traffic control signal devices.), s. 316.172, (Traffic to stop for school bus.) s. 316.191,( Racing on highways.) or s. 316.192 (Reckless driving.) and shall require that operator, in addition to other applicable penalties, to attend a department-approved driver improvement course in order to maintain driving privileges. If the operator fails to complete the course within 90 days after receiving notice from the department, the operator’s driver license shall be canceled by the department until the course is successfully completed. (5) In determining whether to approve a driver improvement course for the purposes of this section, the department shall consider course content designed to promote safety, driver awareness, crash avoidance techniques, and other factors or criteria to improve driver performance from a safety viewpoint.
318.14. Noncriminal traffic infractions; exception; procedures
(9) Any person who is cited for an infraction under this section other than a violation of s. 320.0605, s. 320.07(3)(a) or (b), s. 322.065, s. 322.15(1), s. 322.61, or s. 322.62 may, in lieu of a court appearance, elect to attend in the location of his or her choice within this state a basic driver improvement course approved by the Department of Highway Safety and Motor Vehicles. In such a case, adjudication must be withheld; points, as provided by s. 322.27, may not be assessed; and the civil penalty that is imposed by s. 318.18(3) must be reduced by 18 percent; however, a person may not make an election under this subsection if the person has made an election under this subsection in the preceding 12 months. A person may make no more than five elections under this subsection. The requirement for community service under s. 318.18(8) is not waived by a plea of nolo contendere or by the withholding of adjudication of guilt by a court.
Out-of-state Driver’s License Myth
If you do not live in Florida and do not work in Florida and your privilege to drive in Florida is not suspended then you can use a valid out-of-state Driver’s License. Otherwise you cannot use an out-of-state Driver’s License.
322.01 Definitions
(34) “Resident” means a person who has his or her principal place of domicile in this state for a period of more than 6 consecutive months, has registered to vote, has made a statement of domicile pursuant to s. 222.17, or has filed for homestead tax exemption on property in this state.
322.031 Nonresident; when license required.–
(1) In every case in which a nonresident, except a nonresident migrant or seasonal farm worker as defined in s. 316.003(61), accepts employment or engages in any trade, profession, or occupation in this state or enters his or her children to be educated in the public schools of this state, such nonresident shall, within 30 days after the commencement of such employment or education, be required to obtain a Florida driver’s license if such nonresident operates a motor vehicle on the highways of this state. The spouse or dependent child of such nonresident shall also be required to obtain a Florida driver’s license within that 30-day period prior to operating a motor vehicle on the highways of this state.
(2) A member of the United States Armed Forces on active duty in this state shall not be required to obtain a Florida driver’s license under this section solely because he or she enters his or her children to be educated in the public schools of this state if he or she has a valid military driving permit or a valid driver’s license issued by another state.
(3) A nonresident who is domiciled in another state and who commutes into this state in order to work shall not be required to obtain a Florida driver’s license under this section solely because he or she has accepted employment or engages in any trade, profession, or occupation in this state if he or she has a valid driver’s license issued by another state. Further, any person who is enrolled as a student in a college or university and who is a nonresident but is in this state for a period of up to 6 months engaged in a work-study program for which academic credits are earned from a college whose credits or degrees are accepted for credit by at least three accredited institutions of higher learning, as defined in s. 1005.02, shall not be required to obtain a Florida driver’s license for the duration of the work-study program if such person has a valid driver’s license issued by another state. Any nonresident who is enrolled as a full-time student in any such institution of higher learning is also exempt from the requirement of obtaining a Florida driver’s license for the duration of such enrollment.
(4) A nonresident who is at least 21 years of age and who has in his or her immediate possession a valid commercial driver’s license issued in substantial compliance with the Commercial Motor Vehicle Safety Act of 1986 may operate a motor vehicle of the type permitted by his or her license to be operated in this state.
322.04 Persons exempt from obtaining driver’s license.–
(1) The following persons are exempt from obtaining a driver’s license:
(a) Any employee of the United States Government, while operating a noncommercial motor vehicle owned by or leased to the United States Government and being operated on official business.
(b) Any person while driving or operating any road machine, farm tractor, or implement of husbandry temporarily operated or moved on a highway.
(c) A nonresident who is at least 16 years of age and who has in his or her immediate possession a valid noncommercial driver’s license issued to the nonresident in his or her home state or country, may operate a motor vehicle of the type for which a Class E driver’s license is required in this state.
(d) A nonresident who is at least 18 years of age and who has in his or her immediate possession a valid noncommercial driver’s license issued to the nonresident in his or her home state or country may operate a motor vehicle, other than a commercial motor vehicle, in this state.
(e) Any person operating a golf cart, as defined in s. 320.01, which is operated in accordance with the provisions of s. 316.212.
(2) The provisions of this section do not apply to any person to whom s. 322.031 applies.
(3)Any person working for a firm under contract to the United States Government, whose residence is without this state and whose main point of employment is without this state may drive a noncommercial vehicle on the public roads of this state for periods up to 60 days while in this state on temporary duty, provided such person has a valid driver’s license from the state of such person’s residence.
Who Needs One?
If you live in Florida and want to drive a motor vehicle on public streets and highways.
If you move to Florida and have a valid license from another state, you must get a Florida license within 30 days of becoming a resident. You are considered a resident of Florida if you:
Enroll your children in public school, or
Register to vote, or
File for a homestead exemption, or
Accept employment, or
Reside in Florida for more than six consecutive months.
Who Does Not Need One?
The following persons may drive in Florida without a Florida driver license, if they have a valid license from another state or country:
Any non-resident who is at least 16 years old.
Persons employed by the United States government driving a United States government motor vehicle on official business.
Any non-resident working for a firm on a contract for the United States government. (This exemption is only for 60 days.)
Any non-resident attending college in Florida.
Persons who drive only vehicles like farm tractors or road machines temporarily on the highway may drive without a license.
A licensed driver who lives in another state and travels regularly between his home and work in Florida.
Non-resident migrant farm workers even though they are employed or place children in the public schools, providing they have a valid license from their home state.
Members of the Armed Forces stationed in Florida and their dependents, with these exceptions:
Service member or spouse claims homestead exemption (All drivers in family must obtain Florida licenses),
Service member becomes employed (All drivers in family must obtain Florida licenses),
Spouse becomes employed (Spouse and children who drive must obtain Florida licenses),
Child becomes employed (Only employed child who drives must obtain Florida license)
Criminal Traffic Citations
Criminal Traffic Citations differ from Civil Traffic Citations for the obvious reason that for a Criminal Traffic Citation a person can be sentenced to jail time as well as a fine and receive points against their license.
Some of the more common Criminal Traffic Citations are listed below:
- Driving Under The Influence
- Driving While License Suspended With Knowledge
- Reckless Driving
- Leaving the Scene of An Accident
- No Valid Driver’s License
- Possession of a Suspended Driver’s License
- Failure to Sign a Criminal Citation
- Allowing an Unauthorized Driver to Drive