Carrying with a suspended DL

Status
Not open for further replies.

Ellsnjel

Member
Joined
Sep 22, 2015
Messages
86
Location
Florida
So it looks like my drivers license is going to be suspended since the court where the fine was issued never received the check I mailed them and the bank will not issue another one until 90 days have passed.

My question is, according to Florida statute:
The licensee must carry the license, together with valid identification, at all times in which the licensee is in actual possession of a concealed weapon or firearm and must display both the license and proper identification upon demand by a law enforcement officer.

What constitutes "valid identification"? Since I am required to surrender my DL, I cannot use that. Should I carry my passport? Is my student id sufficient? My out of state license that they cut the corner off when they issued my Florida DL?
 
Passport is probably the most solid ID you can carry.
Many states also issue ID only cards with no endorsements.
Some states also revoke gun permits for certain traffic violations.

Sent from my XT1254 using Tapatalk
 
Also from Florida statute

(10) A license issued under this section shall be suspended or revoked pursuant to chapter 120 if the licensee:
(a) Is found to be ineligible under the criteria set forth in subsection (2);
(b) Develops or sustains a physical infirmity which prevents the safe handling of a weapon or firearm;
(c) Is convicted of a felony which would make the licensee ineligible to possess a firearm pursuant to s. 790.23;
(d) Is found guilty of a crime under the provisions of chapter 893, or similar laws of any other state, relating to controlled substances;
(e) Is committed as a substance abuser under chapter 397, or is deemed a habitual offender under s. 856.011(3), or similar laws of any other state;
(f) Is convicted of a second violation of s. 316.193, or a similar law of another state, within 3 years after a first conviction of such section or similar law of another state, even though the first violation may have occurred before the date on which the application was submitted;
(g) Is adjudicated an incapacitated person under s. 744.331, or similar laws of any other state; or
(h) Is committed to a mental institution under chapter 394, or similar laws of any other state.

Nothing about traffic violations and rightfully so
 
Pay by credit card?????

I would have if I had known I would have to go through all this. I thought I would save myself the $50 service fee by paying with cashiers check. Unfortunately, due to purchasing the cashiers check I no longer have the balance to pay with my debit card :banghead:

EDIT:
$800 traffic ticket.
 
I would have if I had known I would have to go through all this. I thought I would save myself the $50 service fee by paying with cashiers check. Unfortunately, due to purchasing the cashiers check I no longer have the balance to pay with my debit card :banghead:

EDIT:
$800 traffic ticket.

$50 service fee?! Ouch!! I never get that mind set... its cheaper for them to let the computers take your credit card payment than to pay someone to process your check.

$800 traffic ticket!!!!! :what::eek::what:

I'm gunna guess you wont do that again.
 
Is there a state ID card you can get?

Arkansas has a "state-issued photo ID" they issue to non-drivers who need such a thing. It's a driver's license, with "NOT A DRIVER'S LICENSE" stamped over it...
 
Yes, you are indeed required to surrender your driver's license. Do it in person, and have a state-ID issued to you in its place. Florida DL offices handle those.

Carry your passport in the interim. Student IDs are not "government-issued", so they may well not make the cut. Your out-of-state DL is also no longer valid, since it has been altered/mutilated, and because you are not a resident of that state.
 
Last edited:
I was hoping one of the resident lawyers would chime in with case law since valid ID is not defined in the statute.
 
I checked through some other Florida statutes defining acceptable forms of identification and it appears that a US passport is among those that are considered by the state as so acceptable.

The statutes I checked are those pertaining to "carding" for the sale of alcoholic beverages, and the statute regulating the services of a notary public.
 
Go back to court with proof you sent a check and ask for a continuation or what ever it takes. Has the check been check been cashed?
 
I was hoping one of the resident lawyers would chime in with case law since valid ID is not defined in the statute.


That's kind of asking a lot especially considering you didn't even post the statute.

Lets see if a layman like me can run this down....

I did looked at the statute and, I agree, its not clear.


My next thought was to look at the ID requirement of the CCP application.

I looked; Its also not clear. There is a blank space to fill in 'what type of ID was presented' as opposed to being limited to a few check boxes.


Then, I also looked at the State printed, 'umpteen' page, instructions for the CCP application. Surprisingly, to me, it did not list out the acceptable forms of I.D.


However, one of the requirements of getting a FL CCP is finger printing.

Acceptable finger printing for getting a CCP in FL has specific ID requirements.


13.What do I need to bring to my fingerprinting appointment?

1.Two (2) forms of identification, at least one (1) of which must be a valid government-issued photo ID. The name and date of birth on both forms of identification must match exactly as provided for the appointment.
2.Your appointment number

14.What types of ID are accepted?
Acceptable primary IDs include:
•State-issued Driver’s License
•State-issued Non-Driver’s License ID Card
•U.S. Passport
•Military Identification Card


Note: I left off a couple of ID's listed such as the Prison ID Card for obvious reasons :D

Note 2: Sorry, but I closed the browser tabs before I copied the web address. but you could search for 'FL fingerprinting' and see the Q&A's and also get to the CCP permit application and instructions yourself if youwant to see it 1st hand.


I'm going to say that the I.D.'s listed above is your answer. Which is what we've already been saying.


And I'm going to guess that the lawyers here will say if you want better than that, go hire a lawyer.
 
Go to your DMV and get a state ID card. That will carry you over until you get your fine issue taken care of.

If you have a passport, that will do as well.

Concurrently, find out from the bank the status of that check...if it's been cashed, get a copy of the cancelled check and present it to the court as proof of payment. You can likely do all this online in a few minutes with your bank.

If it hasn't been cashed, and a reasonnable amount of time has passed since you sent it in, consider paying the bank to cancel it and get a cashiers check instead. Then go straight to the courthouse and pay your fine and settle the issue with your DL.
 
Can't remember how many folks I counselled over the years when I was a cop regarding a license suspension - and how to deal with it down here in paradise... 99% of them were ordinary citizens that just ran afoul of the license bureaucracy - one way or the other...

First things first, your issues with your bank are a separate matter and you'll be dealing with them separately... Beg, borrow, in any way you can raise the amount needed to pay whatever fines are owed - then take the cash to the clerk of the court's office in the jurisdiction where you received the tickets involved and pay whatever is required to clear the suspension (and many times simply paying what's owed may automatically clear the suspension with no further action needed - they'll tell you, if that's the case...). The clerk's office will provide you with a receipt to show you cleared whatever issue caused the suspension. You'll take that to your nearest driver's license office and find out whether that reinstates your license or whether you'll have to get a re-test to come back into compliance (and pay whatever that costs...).

A driver's license is a basic necessity for daily life as an adult and needs to be dealt with immediately whenever a problem arises. As far as your concealed carry issues - if it were me I'd quit carrying until it was sorted out -but that's just my take on it... One other item that most won't comply with (until some fine young officer pulls them over and checks their license as part of issuing a ticket....) is simply this - don't drive either until you sort out your license (operating with a suspended license is an arrestable offense...). Sorting out a suspension shouldn't take you more than a day or so for most. Don't delay - get it done (at least that's what I told my son the last time he didn't pay a ticket on time and got one of those suspension notices...).
 
Last edited:
100% agree with the above advice. Lose your license and you'll be tempted to drive without it, much more serious problems if discovered.

Also, one of the first questions you'll be asked when re-applying for insurance is "has your license ever been suspended?" Guaranteed rate increase right there. Do whatever is necessary, legally of course, to get the money to forestall the suspension!
 
100% agree with the above advice. Lose your license and you'll be tempted to drive without it, much more serious problems if discovered.

Also, one of the first questions you'll be asked when re-applying for insurance is "has your license ever been suspended?" Guaranteed rate increase right there. Do whatever is necessary, legally of course, to get the money to forestall the suspension!

Actually in some states the suspension itself does nothing to your rate. (I sell insurance in Kansas, and the suspension is non chargeable here.) The 800 smaller ticket however would most likely be a 9 pointer, and would raise your rates. Driving while suspended can get you cancelled.


Sent from my KFTHWI using Tapatalk
 
One thing I didn't did when I renewed my passport last time was to get the plastic card passport to go with the standard one. Could come in handy in some situations where you don't want to haul around the big one. don' want one bad enough to replete the process, but something to keep in mind.

Note the new passports have a chip in them in addition to the photo, so they are about the most solid ID you can have.
 
Just don't drive until you fix it. Having knowledge that your license is suspended makes it a criminal offense / arrest-able vis FSS 322.34. Good luck getting it straightened out.
 
bubba in ca said:
One thing I didn't did when I renewed my passport last time was to get the plastic card passport to go with the standard one. Could come in handy in some situations where you don't want to haul around the big one. don' want one bad enough to replete the process, but something to keep in mind.

The drivers license sized plastic passport is handy. However, it is only good for travel to Canada, Mexico, the Caribbean and Bermuda.
 
The drivers license sized plastic passport is handy. However, it is only good for travel to Canada, Mexico, the Caribbean and Bermuda.


It's also has a RFID chip in it. I only carry it when I will be going in and out of the listed countries.
 
Walmart will not recognize passport nor DOD issued ID and Privilidige cards as VALID id because they do not have a local address printed on them.

Shell stations and Mapco stations will not recognize retired military ID or DOD issued ID and privlidige cards as valid ID because they do not have an expiration date.

Get a state issued ID card and be good with it.

Quick question, do you have your DL in your possession? It is still valid ID whether you can drive or not.
 
This thread seems to have gone off topic.

As far as being a legal CCW holder, that is independent of having a drivers license. Simply go to your local DMV and get a state issued ID card, this should suffice for your CCW ID. I don't know what they cost in your state, but they are like $12 here in my state.
 
Status
Not open for further replies.
Back
Top