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Q:     Is it a 1st or 2nd misdemeanor when you get caught DWLS for a second time?  I always thought that its a 1st degree misdemeanor if you are caught DWLS for a second… Scroll down to read more!

Q:     Is it a 1st or 2nd misdemeanor when you get caught DWLS for a second time?  I always thought that its a 1st degree misdemeanor if you are caught DWLS for a second time. A friend of mine got caught while driving while his license was suspended for a second time around and on the court record its saying 2nd degree misdemeanor…Can this be correct if this his is second time get caught while DWLS is suspended? could it be that it was record incorrect or i am just ignorant about all of this?
A:      Chosen as “Best Answer” by Asker!
Best Answer
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Answered If he is incorrectly charged with a 2nd degree misdemeanor when it should in fact be a 1st then he should thank his lucky stars that the error is in his favor (as he faces a maximum potential sentence of 60 instead of 364 days in jail).

That said he should not have a 2nd DWLS, and he better not get a 3rd because the 4th is a felony waiting to happen. 


Your friend should not discount the fact that his DWLS can become a significantly bigger problem. In Fl you can be designated a “HTO” (habitual traffic offender) for racking up 3 DWLS’s, and, once “habitualized” you not only earn a five (5) year driver license revocation but your next one (your fourth – 4th) subjects you to felony prosecution and five (5) years in state prison.

My advise: Your friend should hire an experienced 954, FL area criminal defense or seasoned traffic defense lawyer to assist him in reinstating his DL. If he does not know a lawyer, and if he does not have anyone who can make a personal referral, then he should use the “Find a Lawyer” feature on AVVO to locate one, make an appointment, show up on time, bring whatever evidence, documents or witnesses that he may have, engage in a meaningful face-to-face consultation and get himself some advise which is legally sound and has been custom tailored as possible to meet his specific reasonable needs in his unique case.

I hope that I have been helpful in answering your question.

First, second and third: No attorney-client relationship exists by virtue of any Q&A with Michael A. Haber, Esq. on Avvo. Fourth: Anything that you post on Avvo (or on similar sites) or on any social media is by its nature public. It is essentially an admission / confession and can be introduced into evidence as a statement against your interest in a subsequent legal proceeding. Once posted you lose any reasonable expectation of privacy, so, as this is an open forum (with no privilege attached), please be extra careful when considering what to post online (forewarned is forearmed.) 
For more than 23 years Michael A. Haber, P.A. has been providing creative, effective and zealous advocacy and counsel in cases ranging from DUI to drug trafficking and from misdemeanors to first degree murder.  


At Michael A. Haber, P.A. “Its all about reasonable doubt”!


Michael A. Haber, Esq. is prepared to speak with you about your case!






THIS BLOG POST (AS ARE ALL OF HABERPA BLOG POSTS) IS A PUBLIC SERVICE ANNOUNCEMENT WHICH IS PRIMARILY DESIGNED, BY WAY OF REAL WORLD EXAMPLE, TO ASSIST THE GENERAL PUBLIC IN AVOIDING CONDUCT WHICH COULD FORESEEABLY RESULT IN ARREST AND PROSECUTION!  


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Michael A. Haber

At Michael A. Haber, P.A. "it's all about reasonable doubt"! Whether in State or Federal Courts, Michael A. Haber, P.A. strives to ensure that his client's rights are respected and that his clients receive top-tier legal representation and counsel. For more than a quarter of a century I have striven to make Michael A. Haber, P.A. a business that custom tailors its services to meet the needs of the client. This incorporates such things as (but is not limited to) doing my best to meet clients at their convenience (as opposed to mine), in locations and at times which are mutually convenient (sometimes at their homes, places of business, independent ground - having free wifi and excellent coffee any Dunkin Donuts always works for me - and occasionally even at odd hours), structuring fees to reasonably accommodate the parties, making myself personally available to the client as close to 24/7 as is possible and, perhaps most importantly, giving careful and comprehensive consideration to both micro and macro issues in a given case so as to be able to agree upon and effort toward a viable litigation objective. This is why I refer to Michael A. Haber, P.A. proudly providing "boutique criminal defense litigation" (being "a small company that offers highly specialized services"), and this is a large part of Michael A. Haber, P.A.'s mission statement Accordingly, Michael A. Haber, P.A. has provided personalized and boutique legal services to both individuals and entities, primarily in the South Florida area, since 1991. With no history of professional discipline whatsoever, Michael A. Haber, Esq. zealously advocates his client's interests and custom tailors his services to meet each client's particular situation, needs and desires. Toward that end Michael A. Haber, Esq. makes himself directly available to his clients whether in person, over the phone (305-381-8686 or Toll Free 1-888-SHARK-8-1), by cell, verbally or text (305-798-2220), by e-mail ([email protected]) on Facebook ( http://www.facebook.com/haberpa ), on Twittter, (@Sharkjy910) on AOL/IM (Sharky910), and also why I consistently add information to the public on both the Michael A. Haber, P.A. Criminal Michael A Haber PA Criminal DUI Defense Litigation Miami Blog (http://www.habercriminallaw.blogspot.com/) and with my "Webisode" series on YouTube (http://www.youtube.com/c/MichaelHaberLaw), whcih currently features 222 briegf VideoFAQ's on a variety of Criminal Defense, DUI and BUI related topics. When you hire Michael A. Haber, P.A. you get Michael A. Haber, Esq.! And remember, at HaberPA, it's all about reasonable doubt!

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  • positive review  Top notch, very skilled, and highly attentive. Mr. Haber is a fantastic criminal defense attorney.

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    July 26, 2017
  • positive review  Thanks again. You are second to none when it comes to defending your clients. For that, I thank you

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    April 10, 2017
  • Excellence in criminal defense. Very informative And upfront of wiyh your crimanal defense

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    April 11, 2016

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