Orlando Driving with No Valid License Defense Attorney

According to Florida Statutes 322.01(17), 322.04, and 49 U.S.C. 30301, Driving with No Valid License is a crime. Florida Statutes define Driving with No Valid License as a person operating a motor vehicle on a state/public highway without being licensed by an appropriate governmental authority. The term “Drive” is defined as the operation and actual control of a motor vehicle in any place open to the general public for vehicular traffic.

A “Motor Vehicle” is defined a vehicle that is self-propelled. Mopeds are considered a “Motor Vehicle,” but a motorized wheelchair, golf carts, or motorized bicycle are exceptions to this definition. Tractors, farm-equipment, and road machines, are also expectations to the crime of Driving with No License.

Driving with a Suspended License is a different crime than Driving with No Valid License. It also carries a different and more severe penalty.


The crime of Driving with No Valid License is a second-degree misdemeanor, punishable by up to 60 days in jail and a $500 fine. This crime does not usually result in jail time, but does leave a permanent criminal record for the violating person.

Possible Defenses

There are several commonly-used defenses to Driving with No Valid License. These include:

  • A valid license;

  • Unlawful detention subsequent to stop;

  • Lack of evidence;

  • License issued by another governmental authority;

  • Defendant was not on a street, highway, or other public place as defined in the statutes; and

  • Unlawful traffic stop.


If you find yourself standing accused of Driving with No Valid License you need to be sure you have a good lawyer on your side. Facing Driving with No Valid License charges, especially in Florida, can be tricky without the proper representation. For a free consultation with an experienced criminal defense attorney in Orlando, contact Sercombe Law. We routinely handle matters in Orange County and nearby jurisdictions.