Florida/Georgia Personal Injury & Workers Compensation

...and driving with a suspended or revoked license. Maddox, 862 So.2d at 783. Similarly, in the conflict case, the defendant faced a charge of driving without a valid license. Dixon, 812 So.2d at 595-96. Other charges might include misuse of a license, § 322.32, Fla....

...Willingham, asserts that in January of 2000, his wallet was stolen. A month later he realized that one Craig Caldwell was unlawfully using his identity. Apparently Mr. Caldwell had been charged with displaying another's driver's license in violation of section 322.32, Florida Statutes (1999)....

...Gen., Daytona Beach, for appellee. COWART, Judge. Stopped by a police officer while driving a motor vehicle, appellant gave the officer a driver's license. The officer issued a uniform traffic citation [1] charging appellant *892 with "unlawful use of license," a violation of section 322.32, Florida Statutes (1979). Section 322.32 defines a statutory misdemeanor offense entitled "unlawful use of license," and describes many prohibited acts including: (1) To display, cause or permit to be displayed, or have in his possession, any cancelled, revoked, suspended, fictitious or fraudulently altered operator's or chauffeur's license....

...nts, an accused cannot be placed in jeopardy for a violation of both such statutes because in substance they constitute a single offense — the "same offense" — for which one cannot be placed twice in jeopardy. By the first misdemeanor charge under section 322.32, Florida Statutes, petitioner was placed in jeopardy of conviction and punishment for an offense which could have been established by proof that petitioner displayed or possessed a fictitious operator's license....

...section 322.212, Florida Statutes for knowingly [7] having in his possession a fictitious operator's license. Accordingly, because a single set of facts, i.e., the knowing possession of a fictitious operator's license, is sufficient to violate both section 322.32 and section 322.212, Florida Statutes, a person once put in jeopardy of a violation of either statutory offense cannot also be placed in jeopardy of conviction or punishment for the other statutory offense based on the same factual event....

...each statute would be sufficiently distinguishable from the other as to constitutionally permit separate and multiple punishment under the test set forth in Blockburger v. United States, 284 U.S. 299, 52 S.Ct. 180, 76 L.Ed. 306 (1932). [7] Although section 322.32, Florida Statutes, does not expressly require that the prohibited possession be "knowingly," nevertheless, since the criminal law does not punish for innocent possession and absolute or strict liability is not applied in criminal law,...

...days with 30 days credit for time served on Count III; (2) a document dated August 23, 1990, placed appellant on probation for one year on the Count III charge of possession of drug paraphernalia. The statutes applicable are sections 901.151(2) and 322.32(1), Florida Statutes (1989)....

...for the purpose of ascertaining the identity of the person temporarily detained and the circumstances surrounding his presence abroad which led the officer to believe that he had committed, was committing, or was about to commit a criminal offense. Section 322.32(1), Florida Statutes (1989), provides that it is unlawful for any person "[t]o display, cause or permit to be displayed, or have in his possession any canceled, revoked, suspended, fictitious, or fraudulently altered operator's or chau...

operate a motor vehicle. See also § 322.032(3) (providing for the development of “digital

...chauffeur’s license under Section 322.12, Florida Statutes, F.S.A., receiving or agreeing to receive from the applicant, one Jorge Palma, a payment in cash to pass the applicant even though the applicant might fail the examination, a violation of Section 322.32(5), Florida Statutes, F.S.A. In the second count it was charged that Cruz and the same three other persons, in violation of Section 322.32(5) and 833.05 (1), Florida Statutes, F.S.A., entered into a conspiracy for the payment of $2 hundred to secure passage of the examination for a chauffeur’s license by one Jorge Palma, alias Jorge Staphylaris, whether or not he was successful in the test....

...he license, was in fact a member of the police force on active duty. Parenthetically, this news must have been received to the chagrin of Cruz. The Criminal Court of Record granted the motion on the ground that the first count alleged a violation of Section 322.32(5) which relates only to false statements in applications for licenses without pertaining to alleged fraud of an examiner....

...So the first count was reinstated and the second and third counts were eliminated. We find no reason to disturb the ruling of the District Court of Appeal with reference to the second and third counts. However, we are in disagreement with the district court’s ruling on the first count. It was planted squarely on Section 322.32(5) and, as we have seen from the analysis of the charge, the statute is directed to misconduct by applicants....

...Nor does a reading of Section 322.27 show that the Department’s construction of the word “obtaining” is clearly erroneous, especially in light of the final sentence which reads: “Provided, however, no provision of this section shall be construed to include the provisions of s. 322.32(1).” By expressly excluding the first portion of Section 322.32, it would appear the legislature intended to specifi *193 cally incorporate the remaining sections of the statute....

...When the officers asked appellant for his driver's license or identification, appellant told them his license was suspended and handed it to them. Displaying or possessing a suspended driver's license, with knowledge that it has been suspended, is a second degree misdemeanor. § 322.32(1), Fla....

the person to operate a motor vehicle. See also § 322.032(3) (providing for the development of "digital

...The information was in three counts. The first count charged the defendants with receiving or agreeing to receive payment, from a named applicant for a chauffeur’s license, to give the applicant a passing grade regardless of the outcome of his examination, in violation of § 322.32 (5), Fla.Stat., F.S.A....

...Regarding count one we agree with the holding of the circuit court which was as follows: “1. The Trial Court was in error by granting the motion to quash in holding that Count 1 of the information in question fails to allege a crime under Florida Statutes 322.32(5) in that the statute in question would apply to the applicant, and examiner or any other person who provided facts or information in connection with the issuance of a license as provided by the statute....

...the other person cannot be convicted on a charge of conspiracy. * * * ” Accordingly we deny certiorari as to count one of the information, and grant certiorari and quash the circuit court’s holding as to counts two and three. It is so ordered. . Section 322.32, Fla.Stat., F.S.A....