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Roedel v. State12/29/2000
Appeal from the Circuit Court for Brevard County, Warren Burk, Judge.
Roedel appeals from his adjudication and sentencing for driving with a suspended or revoked license, and driving a motor vehicle without a valid license. Roedel argues that because both of these offenses were based on one traffic incident which occurred on October 15, 1999, his double jeopardy rights were violated. We agree that section 775.021(4)(b), Florida Statutes, bars these dual convictions.
In this case, Roedel was actually charged with a total of four offenses, including the two discussed above. He entered a plea of no contest on all four and the court indicated it would sentence him to 36 months probation. At the sentencing, however, the judge said he could not sentence Roedel as he had suggested because of the results of the presentence investigation. He allowed Roedel to withdraw his pleas. However, Roedel said he did not want to go to trial. He then pled no contest and the court accepted the pleas. Roedel was sentenced to one year on probation, for driving on a suspended or revoked license with a special condition of 60 days in the county jail. For driving without a valid license, he was sentenced to a concurrent term of 60 days in jail.
Both of the driving offenses appear to be different degrees of the same core offense -- unlawfully driving a motor vehicle without a valid driver's license. Section 322.03(1) simply provides:
Except as otherwise authorized in this chapter, a person may not drive any motor vehicle upon a highway in this state unless such person has a valid driver's license under the provisions of this chapter.
It is a second degree misdemeanor to violate this provision. See § 322.39, Fla. Stat. Section 322.34(2) provides:
Any person whose driver's license or driving privilege has been canceled, suspended or revoked as provided by law, except persons defined in section 322.264, who, knowing of such cancellation and suspension or revocation, drives any motor vehicle upon the highways of this state while such license or privilege is canceled, suspended or revoked....
It is a second degree misdemeanor if it is a first conviction; first degree misdemeanor if a second conviction, and a felony if a third or subsequent conviction. Roedel was charged with a second conviction.
In construing the former versions of these two statutes, the first district found that both statutory offenses were different for double jeopardy purposes and therefore both could be charged based on the same factual act. See Lanier v. State, 226 So.2d 37 (Fla. 1st DCA 1969). The court found that each offense addressed a separate and distinct "evil." Regarding operating a vehicle without a valid driver's license, the court said that having a valid license is an integral part of the state's highway safety program. As to driving with a suspended or revoked license, it said the "evil" was that the driver is acting in contempt and defiance of the law.
However, a person who violates either or both of the laws can be viewed as an unqualified operator of a motor vehicle driving without a valid license and posing a threat to public safety. Both statutes address the dual concerns of promoting public safety and punishing those who ignore the law and drive without a valid license. Section 322.34(2) contains some additional elements that are not included in section 322.03(1) (i.e., knowledge, and having had a driver's license which was at the time of the driving canceled, suspended or revoked). Thus, some people cannot be convicted of violating section 322.34(2), who can be convicted of violating section 322.03(1). However, anyone who violates
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