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 ONE | CATEGORY TWO | FLA. STAT | INS. 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 License | 322.03 | 28.9 |
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.