New Diversion Program for Driving While License Suspended Could Save Your License

Effective February 1st 2007, persons arrested for or charged with Misdemeanor Offense of DWLS, who are otherwise eligible, may participate in the Broward County Misdemeanor Diversion Program for DWLS as created by the Broward County State Attorney's Office(herein after referred to as "the Program"). Strictly on a voluntary basis. The Program will be operated and enforced by Probation and the State. An eligible person, or his or her attorney may request admission into the program within 30 days of the arraignment, or if no arraignment is held due to the filing of a written plea, within 30 days after a written plea of not guilty is filed, or within 30 days of the inception of the Program. The applicant shall apply through the Probation department before the first status conference of calendar call.

ELEGIBILITY:

  1. Applicant must be charged in the instant offense with Misdemeanor DWLS where the license was only suspended for failure to pay penalty, failure to appear, failure to complete traffic school (except DUI school), failure to pay child support or failure to satisfy financial responsibility/insurance/judgments.

  2. Applicant cannot have been previously or currently classified as a Habitual Traffic Offender.

  3. Applicant cannot have had their license previously or currently permanently suspended or revoked.

  4. Applicant may not have any convictions or suspensions on his/her license for the offense of DUI or a chapter 893 violation.

  5. Applicant cannot have a prior withhold of adjudication or adjudication for a felony driving/traffic offense in this state or any other jurisdiction.

  6. The instant offense cannot have involved a traffic crash where the applicant was deemed by law enforcement to be at fault.

  7. The instant offense cannot have been part of a Felony charge or arrest.

  8. Applicant cannot have had the instant offense previously disposed of by way of plea or trial, and then subsequently vacate or set aside said plea, conviction or sentence.

  9. The instant charge may be for any eligible DWLS charge, but the applicant is only allowed to complete the program once. At the inception of the program, all eligible charges that the applicant has pending may be included.

  10. It is permissible for the applicant to have previously entered another diversion program.

  11. It is permissible for the applicant to have a limited prior criminal history, except as noted above, but whether such will cause the applicant to be ineligible will be determined by the state on a case by case basis.

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