28.11 DRIVING [WHILE [LICENSE] [DRIVING PRIVILEGE] SUSPENDED, REVOKED OR CANCELED] [OR] [UNDER SUSPENSION OR REVOCATION EQUIVALENT STATUS] WITH KNOWLEDGE

Official jury instruction text reproduced for information. It is not legal advice; the instruction given in a case depends on the facts and the court.

Instruction
28.11
Statute
§ 322.34(2), Fla. Stat.
Edition
Florida Standard Jury Instructions in Criminal Cases, complete set published by The Florida Bar, updated October 9, 2026
Official source
The Florida Bar: criminal jury instructions

Elements

Quoted word for word from the official text. Florida Standard Jury Instructions in Criminal Cases, complete set published by The Florida Bar, updated October 9, 2026.

To prove the crime of Driving [While [License] [Driving Privilege] was [Suspended] [Revoked] [Canceled]] [Under Suspension or Revocation Equivalent Status], the State must prove the following three elements beyond a reasonable doubt:

1. (Defendant) drove a motor vehicle upon a highway in this state.

Give as applicable.

2. At that time,

a. [his] [her] [license] [driving privilege] was [suspended] [revoked] [canceled].

b. [he] [she] was under suspension or revocation equivalent status.

Give as applicable.

3. At that time, (defendant) knew that

a. [his] [her] [license] [driving privilege] was [suspended] [revoked] [canceled].

b. [he] [she] was under suspension or revocation equivalent status.

Further findings

Special findings, enhancements, inferences and exceptions the instruction gives when they apply, word for word.

If you find that (defendant) had been previously cited for driving [while license [suspended] [revoked] [canceled] and [his] [her] license had not been reinstated, you may conclude that (defendant) knew of the [suspension] [revocation] [cancellation].

If you find that (defendant) admitted to knowing of the [suspension] [revocation] [cancellation] [suspension or revocation equivalent status], you may conclude that (defendant) knew of the [suspension] [revocation] [cancellation] [suspension or revocation equivalent status].

If you find that (defendant) had received a traffic citation that contained a provision notifying (defendant) that [his] [her] license [had been suspended, revoked, or canceled] [was under suspension or revocation equivalent status], you may conclude that (defendant) knew of the [suspension] [revocation] [cancellation] [suspension or revocation equivalent status].

Do not give if the suspension was for failure to pay a traffic fine or for a financial responsibility violation. See § 322.34(2) and § 322.251(1), (2), Fla. Stat.

If you find that (defendant) had received a [judgment] [order] rendered by [a court] [an adjudicatory body] which contained a provision notifying (defendant) that [his] [her] license had been [suspended] [revoked] [canceled], you may conclude that (defendant) knew of the [suspension] [revocation] [cancellation].

See the Comment section below regarding recidivism issues that do not require any finding other than the fact of a prior conviction.

Give if applicable in a bifurcated proceeding. § 322.34(2)(c), Fla. Stat.

A third or subsequent conviction is a first degree misdemeanor and requires a minimum sentence of 10 days in jail. However, a third or subsequent conviction becomes a third degree felony if the current alleged violation or the most recent prior violation of § 322.34(2), Fla. Stat., are related to and resulted from a violation of an enumerated crime.

Now that you have found the defendant guilty of Driving [While [License] [Driving Privilege] was [Suspended] [Revoked] [Canceled]] [Under Suspension or Revocation Equivalent Status], you must make two further findings.

First, you must determine whether the State proved beyond a reasonable doubt that the defendant has two prior convictions for Driving [While [License] [Driving Privilege] was [Suspended] [Revoked] [Canceled]] [Under Suspension or Revocation Equivalent Status]. A “conviction” means a determination of guilt that was the result of a plea or a trial, regardless of whether adjudication was withheld or a plea of nolo contendere was entered.

Second, you must determine whether the State proved beyond a reasonable doubt that the current case or the most recent conviction are related to Driving [While [License] [Driving Privilege] was [Suspended] [Revoked] [Canceled]] [Under Suspension or Revocation Equivalent Status] resulting from a violation of [Driving Under the Influence] [Refusal to Submit to a Urine, Breath-Alcohol, or Blood Alcohol test] [a traffic crime that caused death or serious bodily injury] [Fleeing or Eluding].

Lesser-included offenses

As the instruction lists them, word for word.

DRIVING WHILE LICENSE SUSPENDED, REVOKED OR CANCELED OR DRIVING UNDER SUSPENSION OR REVOCATION EQUIVALENT STATUS, WITH KNOWLEDGE — 322.34(2)

CATEGORY ONECATEGORY TWOFLA. STATINS. NO.
No Valid Driver’s License322.0328.9
Attempt777.04(1)5.1

Related practice page

Driving While License Suspended (DWLS) in Miami

Official source: The Florida Bar: criminal jury instructions

Official jury instruction text reproduced for information. It is not legal advice; the instruction given in a case depends on the facts and the court.

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