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I got pulled over while driving on an expired license and got a court date for it. is there a chance i will go to jail?

Gainesville, FL |

my license has been expired for almost a year and i got pulled over while driving for a seatbelt violation. i got a ticket for the seatbelt and the officer also gave me a court date for driving on an expired license. will i go to jail on my court date?

also my license is from nc and i am currently residing in fl. and i do not have the money for a brand new license before i go to court.

Attorney Answers 2

  1. Assuming this is your first offense, you are probably not going to jail for these charges at all. Your first court date will likely consist of the prosecutor making a plea offer to resolve the case and you either accepting that offer or rejecting it. If you accept the offer, your case will be over that day and your punishment will be whatever you and the prosecutor agree on as your punishment. If you reject the offer, then your case will be reset for another court date and you (and your attorney, hopefully) will prepare the case for trial. At future court dates, you may or may not have additional opportunities to resolve the case. The plea offer made by the prosecutor could get better or worse, depending on a variety of circumstances.

    Consider hiring a criminal defense attorney to handle your case. There are many ticket clinics that have attorneys that handle these kinds of cases every day for a reasonable fee.

    Good luck.

  2. You will not go to jail for this case.

    Cases like these are usually resolved by the defendant obtaining a valid driver's license and then the court will usually Nolle Prosse (Dismiss) the case against them.

    I see your expired license is from North Carolina and now you live in Florida. To me, it sounds like there has never been a better time for your to get a Florida Driver's License.

    I see where you stated that you do not have the money to get a Florida DL. With that said, let's look at your situation... If you go to court and take a plea, the judge will likely withhold adjudication and charge you court costs. Those court costs will very likely be MUCH MORE than the cost of obtaining a valid Florida DL which appears to cost $48 on the Florida DHSMV website.

    Also, if you continue to drive on an expired license, the penalties progressively get more and more severe.

    Do yourself a HUGE favor before this snowballs out of control. Borrow the money from a family member, a friend, your boss or anyone and get yourself a valid Florida DL. You will be very happy you did!

    Best of luck.

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