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Parenting Tips
What’s the Big Deal?
By Attorney Richard J. McKyton
In over thirteen (13) years as an attorney here in Pinellas
County, I have been involved in all kinds of cases. I have had
clients accused of everything from DUI and Battery, to Robbery
and, yes, even Murder. People usually want to ask me about the
really serious cases or the ones that sometimes end up in the
newspaper. But the types of cases that affect the most people are,
often, the simplest ones. Here’s an example: “Driving While
License Suspended or Revoked.” It does not sound like a big deal,
but it can have big consequences.
According to the State of Florida, driving or operating a motor
vehicle in our State is a “privilege”, not a “right.” I could use
a bunch of “legalese” to explain the difference between a “right”
and a “privilege”, but the important thing to remember is that it
is much easier for the State of Florida to take away or limit your
“privilege” to drive than it is to take away any of your “rights.”
You do not have to be a “criminal” and you do not have to commit a
crime to have your license suspended or revoked. In fact, it’s
easy. Here are just some of the ways it can happen:
1. Forget to pay a speeding ticket.
2. Let your auto insurance lapse by forgetting to make payment.
3. Accumulate too many tickets within a certain time period.
4. Fall behind on child support payments.
For most people, it is fairly easy to correct the problem and get
your license re-instated. But a lot of people put that
notification letter they got from the Department of Motor Vehicles
in the “circular file”, forget about it, or just ignore it because
they are busy with family issues, jobs, school and well … what’s
the big deal? Well, it IS a big deal and it can have a big effect
on your life.
If you are driving with a suspended driver’s license, a law
enforcement officer can easily determine this and is permitted to
pull you over. The officer can issue a ticket for the offense or
could, possibly, arrest you. That’s right … if you are “Driving
While License Suspended or Revoked” and you know about the
suspension or revocation, you are committing a criminal offense in
our state. The first offense is a misdemeanor that could lead to a
criminal conviction, probation, fines and court costs. A third
offense can land you in Circuit Court facing a third degree felony
charge, punishable by up to a $5,000.00 fine and five (5) years in
Florida State prison. Although the crime may not sound like a big
deal, it will certainly feel like one when you are trying to
explain a criminal conviction to a college admissions coordinator
or a prospective employer.
Here is the reality of the situation: People are going to drive
because they need to, suspension or not. They have jobs to get to
and kids to pick up from school. If you end up with a suspended
driver’s license, DO NOT IGNORE IT! The alternative can be far
worse.
Richard J. McKyton is a 1992 Honors graduate of the University of
Florida where he earned his Political Science Degree. Richard has
been a resident of Pinellas County since he began attending
Stetson University College of Law in January of 1993. Following
his graduation in May of 1995, Richard spent three (3) years as a
Prosecutor with the State Attorney’s Office, in the Clearwater,
FL. He left that office in 1998 and has been in private practice
ever since. Richard currently represents individuals in personal
injury and criminal defense matters in both State and Federal
Court.
Richard and his wife Cathy have
been married for almost ten (10) years and have two children:
Jack, age six (6) and Katie, age four (4).
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