 |
 |
to fill out a simple form to connect to DUI Lawyers in your area.
|
|
|
|
|
Raulerson v. State7/13/2000
ant on probation. See Waite v. City of Fort Lauderdale, 681 So. 2d 901 n. 1 (Fla. 4th DCA 1996); State v. Gloster, 703 So. 2d 1174, 1175 (Fla. 1st DCA 1997); §§ 948.01(2); 921.187(1)(a)3; Fla. Stat. (1997); Fla. R. Crim. P. 3.670. These types of dispositions fall outside of Chapter 322's definition of a conviction.
Given this construction of the term "conviction," the concern noted by the trial judge does not exist. Even if the judge in this case were to withhold adjudication on the driving while license suspended charge after a plea or verdict, such a disposition would still amount to a third "conviction" under section 322.34(1)(c), because it is a disposition outside of section 318.14(10). Keirn, 720 So. 2d at 1088-90.
As aptly explained by the Fourth District in Keirn, it is clear that the Legislature intended that a "conviction" for the purposes of section 322.34(1), Florida Statutes (1995), include both adjudicated DWLCSR offenses and DWLCSR offenses in which adjudication is withheld. Construing the term "conviction" in such a manner is consistent with both the Legislature's expressed intent in chapter 322, Florida Statutes, and the legislative history surrounding section 322.34(1). Accordingly, we reject each petitioners' separation of powers challenge to section 322.34(1), and approve the result reached by the district courts in each of the decisions under review.
It is so ordered.
WELLS, C.J., and SHAW, HARDING, ANSTEAD, PARIENTE, LEWIS and QUINCE, JJ., concur.
NOT FINAL UNTIL TIME EXPIRES TO FILE REHEARING MOTION, AND IF FILED, DETERMINED.
Page 1 2 3 4 5 6 7 8 Florida DUI Attorneys
DUI Lawyers
|
| |
to fill out a simple form to connect to DUI Lawyers in your area.
|
|