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Rodgers v. State12/5/2001
Defendant was convicted of driving while his license was revoked as a habitual traffic offender. He argues that the state's proof of his prior traffic convictions for driving while license suspended (DWLS) failed as a matter of law. Specifically, he argues that the state was required to prove each of the qualifying convictions for DWLS separately and with all the formalities. We disagree and affirm.
In this appeal, defendant was convicted of a violation of section 322.34(5), which provides:
"Any person whose driver's license has been revoked pursuant to s. 322.264 (habitual offender) and who drives any motor vehicle upon the highways of this state while such license is revoked is guilty of a felony...."
As evidence of the offense, the state presented a certified copy of a computer printout of defendant's driving record maintained by its Department of Highway Safety and Motor Vehicles (DMV). Section 322.201 provides:
"A copy, computer copy, or transcript of...the complete driving record of any individual duly certified by machine imprint of or by machine imprint of the clerk of a court shall be received as evidence in all courts of this state without further authentication, provided the same is otherwise admissible in evidence."
The certified copy of defendant's DMV driving record reflected that he had three convictions within a 5-year period for DWLS, and that on May 22, 1997, DMV revoked his license and gave him the statutory notice of the revocation.
As the statutory text itself provides, to convict under section 322.34(5) the state was required to prove three elements: (1) DMV had revoked defendant's driver's license as a habitual offender under section 322.264; (2) DMV gave defendant notice of the revocation of his license; and (3) defendant operated a motor vehicle upon a highway of Florida while the license was revoked. As to the second element, the one requiring notice of the revocation, section 322.251(2) provides:
"Proof of the giving of notice and an order of cancellation, suspension, revocation, or disqualification in either such manner shall be made by entry in the records of the department that such notice was given. Such entry shall be admissible in the courts of this state and shall constitute sufficient proof that such notice was given."
The question we address is defendant's contention that the computer printout was insufficient to present a prima facie case of the first and second elements of the section 322.34(5) violation.
A revocation of a driver's license under section 322.264 is done by DMV, the state agency charged with issuing drivers' licenses and maintaining records for each motorist as to driving offenses, as well as any suspension and revocation of the driving privilege. The statutes require all Florida state courts to "forward to a record of the conviction of any person in said court for a violation of any [law of this state regulating the operation of motor vehicles on highways]." When the records maintained by DMV reflect that a driver has accumulated three DWLS convictions within a 5-year period, it is required to revoke the motorist's license and give appropriate notice, which can be by first-class mail. Among other things, DMV is also under a statutory duty to require the motorist to surrender the license.
The violation created by section 322.34(5) does not involve-as an element of the crime-a finding that the motorist has been convicted on three separate occasions of DWLS. Instead it involves driving a motor vehicle on the public highways of Florida at a time when DMV has revoked the motorist's license and given notice of the revoc
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