Recent Updates
April 28, 2010
State Must Prove Defendant's Knowledge of Driver's License Suspension
April 13, 2010
Sentencing Commission Votes to Eliminate Recent Criminal History Points
October 15, 2009
Consent to search inside of vehicle does not extend to locked containers
October 14, 2009
Making phone calls to get drugs for personal use not a felony
October 07, 2009
Duval County schools agree to reduce number of students getting arrested
Another thing to suspend your driver's license
July 14, 2009
Topic: Criminal
For many defendants, accepting a plea agreement or entering a plea in court can be very beneficial compared to going to trial. However, it is important that the defendant be fully apprised of the consequences of entering a plea, especially if the defendant will be adjudicated guilty. Having a defense attorney that is experienced in criminal defense, has practiced in the jurisdiction, and is very familiar with the statutes is imperative.
For example, a little-known consequence of being adjudicated guilty for petty theft is the suspension of the defendant's driver's license. According to Fla. Stat. § 812.0155, a court may order the suspension of the driver's license of each person adjudicated guilty of any misdemeanor violation of § 812.014 or § 812. 015, regardless of the value of the property stolen. If the defendant has been previously convicted of such an offense, the court must order the suspension. Once that order is made, the court will forward it to the Department of Motor Vehicles for further action on the suspension. The first suspension can be for up to six months. A second suspension must last one year.
Understanding the need there be stiff penalties for some crimes, suspension of driver's license for theft or drug related crimes makes little sense. If you want to take someone's license for driving away from a gas pump and not paying for the gas, that makes sense. There is an easy to connect result from the illegal action and the punishment. However, the relationship between an 18 year old having marijunana and taking their driver's license for two years is absurd. If the legislature wants to provide a good mass transit system, they would have more authority to take a person's license.
