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Permitting Unauthorized Person to Drive

The law and Penalties

You let a coworker, family member or friend borrow your car to run a quick errand. You know he doesn’t have a license, but it will only be a few minutes and you feel bad saying no. When the borrower returns your car, he informs you he was pulled over and cited for No Valid Driver’s License. Not your problem, right?


If you knowingly allow someone without a valid license to drive your motor vehicle, the law believes you are just as culpable as the unlicensed driver. This charge is called Permitting Unauthorized Operator to Drive (Florida Statute §322.36), and it is a second degree misdemeanor punishable by 60 days in jail and a $500 fine. An “unauthorized operator” means someone without a license or someone with a license that is suspended, canceled or revoked. What’s worse: If the unauthorized person who borrowed your car is involved in an accident causing serious bodily injury or death, you can lose your license for 1 year in addition to the other penalties.

Addressing a Charge of Permitting Unauthorized Person to Drive

The charge of Permitting Unauthorized Person to Drive brings about a mandatory court appearance because it is considered a criminal traffic charge rather than a simple traffic infraction. Once the police officer issues you a citation or Notice to Appear, you must attend Arraignment (formal reading of the charges) for your case unless an attorney files a “not guilty” plea electronically on your behalf. After arraignment, you or your lawyer have the opportunity to review the evidence against you, engage in plea offer negotiations, and weigh your options. Ultimately, you may decide to resolve your case or demand a trial by judge or jury.

With an experienced criminal defense attorney by your side, you may be able to secure a Deferred Prosecution Agreement for your criminal traffic charge. A Deferred Prosecution Agreement is a pre-trial diversion program agreed-to by the State and Defense that requires the Defendant to complete certain conditions (i.e. community service, a driving class, payment of costs, etc.) in exchange for a Nolle Prosequi (the prosecution dropping your case).

How Casanova Law Can Help

Attorney Lourdes Casanova

Casanova Law is a criminal defense law firm in Wellington with years of experience in criminal traffic charges such as Permitting Unauthorized Person to Drive. Attorney Lourdes Casanova is a former prosecutor for the 15th Judicial Circuit in Palm Beach County. She has litigated thousands of criminal traffic cases throughout her time as a prosecutor and most recently as a criminal defense attorney. With experience by your side, you don’t have to worry about navigating the complex court system, attending unnecessary court hearings, reviewing legal and procedural evidentiary issues, or waiving certain constitutional rights.

Let us take the weight off of your shoulders. We fight for our clients from beginning to end. Our goal is to get your case dismissed.

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