28.12 OPERATING A MOTOR VEHICLE CARELESSLY OR NEGLIGENTLY CAUSING [SERIOUS BODILY INJURY] [DEATH] [WITHOUT HAVING A DRIVER LICENSE] [WHILE DRIVER LICENSE CANCELED, SUSPENDED, OR REVOKED FOR SPECIFIED REASON]

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
28.12
Statute
§ 322.34(6)(a) or (b), 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 Operating a Motor Vehicle Carelessly or Negligently Causing [Serious Bodily Injury] [Death] [Without Having a Driver License] [While Driver License Suspended, Revoked, Canceled for Specified Reason], the State must prove the following four elements beyond a reasonable doubt:

1. (Defendant) operated a motor vehicle in a careless or negligent manner.

2. Give 2a or 2b or both as applicable. If 2a is applicable, the reason for the suspension, revocation, or cancellation must come from §§ 316.655, 322.26(8), 322.27(2), 322.28(2), or 322.28(4), Fla. Stats.

a. At the time, [his] [her] [driver license] [driving privilege] was [suspended] [revoked] [canceled] for (insert specified reason).

b. At the time, [he] [she] did not have a driver license.

Give 3a or 3b or both as applicable.

3. At the time, (defendant) knew

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

b. [he] [she] did not have a driver license.

4. As a result of the careless or negligent operation, (defendant) caused [the death of (victim)] [serious bodily injury to (victim)].

Lesser-included offenses

As the instruction lists them, word for word.

28.12 OPERATING A MOTOR VEHICLE CARELESSLY OR NEGLIGENTLY CAUSING [SERIOUS BODILY INJURY] [DEATH] [WITHOUT HAVING A DRIVER LICENSE] [WHILE DRIVER LICENSE CANCELED, SUSPENDED, OR REVOKED FOR SPECIFIED REASON] — 322.34(6)(a) or (b)

CATEGORY ONECATEGORY TWOFLA. STATINS. NO.
Driving While License Suspended, Revoked or Canceled with Knowledge if 322.34(6)(b) is charged.322.34(2)28.11
No Valid Driver License322.0328.9

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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