Many people work as rideshare drivers, either as their primary occupation or as a way to earn extra money on the side. Rideshare apps such as Uber and Lyft offer people great opportunities to earn money in their spare time, or even on a full-time basis.
However, Uber and Lyft drivers need to be aware of certain criminal liability issues they may face. First and foremost, driving a car subjects you to Florida traffic laws. You don't get a pass just because you are using your vehicle for work rather than commuting or for pleasure. While not criminal, traffic violations permit police officers to legally stop and detain you. If there is criminal activity afoot; such as illegal substances in your car or being under the influence of alcohol or a chemical substance, the officer may have cause to detain you, search your vehicle, and arrest you for any violations of the law.
Long story short: you are an Uber or Lyft driver, make sure that you are following the traffic laws. Make sure that your equipment (tail lights, turn signals, etc.) is functioning. Make sure you are driving the speed limit. And make sure you are not driving aggressively, such as cutting in front of other vehicles or carelessly swerving in and out of traffic. Not only will driving safely ensure you are a more professional driver (better ratings and tips), but it will help you to steer clear of any police interactions.
Secondly, make sure your driver's license is valid and your registration and tags are current. Driving with a suspended license with knowledge of the suspension is a crime. Knowledge in a driving while license suspended (DWLS) case is proven simply by the State showing that the Florida Department of Highway Safety and Motor Vehicles sent a notice of suspension to your last known address. So even if you did not receive the notice, proof that it was sent to your last known address (the address on your driver's license, which you are obligated to update if you move) is sufficient legal proof.
Thirdly, be smart. Don't drive high or drunk. If you get into a car accident, do not leave the scene without exchanging information with the other driver. Don't carry illegal substances or weapons in your vehicle. If you carry a firearm in compliance with Florida's concealed carry laws (many drivers do for their safety), make sure you are in compliance with state law as to the method and manner in which the firearm is carried or stored in the vehicle. The same applies to non-lethal weapons, such as pepper spray or a taser/stun gun.
Fourth, make sure you do not have any open criminal warrants. If you get stopped by police for a traffic violation and they run your name, any open warrants will pop up. You can be taken into custody on the spot for having an open warrant. If you have an open warrant, take care of it before you get behind the wheel. Contact a criminal attorney who works in the county in which the warrant was issued. If the warrant is an out-of-state warrant, contact an attorney in the state and county in which that warrant was issued. Out-of-state warrants can create nightmares, where individuals can spend a month or longer in custody waiting to be extradited.
And last of all, remember that when you are driving passengers in your vehicle, you are responsible for what occurs inside your vehicle. Now, if a passenger has illegal substances on their person and you, the driver, are unaware, it's highly unlikely that you would be charged with a crime. However, if a passenger gets in your vehicle and you become aware that they have illegal items on them, you are obligated to stop the ride and ask them to exit your vehicle. If they become aggressive or combative, remove yourself safely from the situation and call the police. If a passenger is holding illegal substances and you see them, if a police officer were to stop you, it could be considered that you had constructive possession of the items (knowledge of the substance and the ability to exercise control over it).
Your goal is to earn money as a rideshare driver; not find yourself in legal trouble.
Eric Matheny is a criminal defense attorney serving Miami-Dade, Broward, and Palm Beach. Call now to discuss your case.