Florida Statute 322.34 - Full Text and Legal Analysis

The 2025 Florida Statutes

Title XXIII
MOTOR VEHICLES

Chapter 322
DRIVER LICENSES

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F.S. 322.34

322.34 Driving while license suspended, revoked, canceled, or disqualified.—

(1) Except as provided in subsection (2), any person whose driver license or driving privilege has been canceled, suspended, or revoked, except a “habitual traffic offender” as defined in s. 322.264, who drives a vehicle upon the highways of this state while such license or privilege is canceled, suspended, or revoked is guilty of a moving violation, punishable as provided in chapter 318.

(2) Any person whose driver license or driving privilege has been canceled, suspended, or revoked as provided by law, or who does not have a driver license or driving privilege but is under suspension or revocation equivalent status as defined in s. 322.01(43), except persons defined in s. 322.264, who, knowing of such cancellation, suspension, revocation, or suspension or revocation equivalent status, drives any motor vehicle upon the highways of this state while such license or privilege is canceled, suspended, or revoked, or while under suspension or revocation equivalent status, commits:

(a) A misdemeanor of the second degree, punishable as provided in s. 775.082 or s. 775.083.

(b)1. A misdemeanor of the first degree, punishable as provided in s. 775.082 or s. 775.083, upon a second or subsequent conviction, except as provided in paragraph (c).

2. A person convicted of a third or subsequent conviction, except as provided in paragraph (c), must serve a minimum of 10 days in jail.

(c) A felony of the third degree, punishable as provided in s. 775.082, s. 775.083, or s. 775.084, upon a third or subsequent conviction if the current violation of this section or the most recent prior violation of the section is related to driving while license canceled, suspended, revoked, or suspension or revocation equivalent status resulting from a violation of:

1. Driving under the influence;

2. Refusal to submit to a urine, breath-alcohol, or blood alcohol test;

3. A traffic offense causing death or serious bodily injury; or

4. Fleeing or eluding.

The element of knowledge is satisfied if the person has been previously cited as provided in subsection (1); or the person admits to knowledge of the cancellation, suspension, or revocation, or suspension or revocation equivalent status; or the person received notice as provided in subsection (4). There shall be a rebuttable presumption that the knowledge requirement is satisfied if a judgment or order as provided in subsection (4) appears in the department’s records for any case except for one involving a suspension by the department for failure to pay a traffic fine or for a financial responsibility violation.

(3) In any proceeding for a violation of this section, a court may consider evidence, other than that specified in subsection (2), that the person knowingly violated this section.

(4) Any judgment or order rendered by a court or adjudicatory body or any uniform traffic citation that cancels, suspends, or revokes a person’s driver license or places a person under suspension or revocation equivalent status must contain a provision notifying the person that his or her driver license has been canceled, suspended, or revoked, or of such suspension or revocation equivalent status.

(5) Any person who has been designated a habitual traffic offender as defined by s. 322.264 and who drives any motor vehicle upon the highways of this state while designated a habitual traffic offender is guilty of a felony of the third degree, punishable as provided in s. 775.082, s. 775.083, or s. 775.084.

(6) Any person who operates a motor vehicle:

(a) Without having a driver license as required under s. 322.03; or

(b) While his or her driver license or driving privilege is canceled, suspended, or revoked pursuant to s. 316.655, s. 322.26(8), s. 322.27(2), or s. 322.28(2) or (4),

and who by careless or negligent operation of the motor vehicle causes the death of or serious bodily injury to another human being commits a felony of the third degree, punishable as provided in s. 775.082 or s. 775.083.

(7) Any person whose driver license or driving privilege has been canceled, suspended, revoked, or disqualified, or who does not have a driver license or driving privilege but is under suspension or revocation equivalent status, and who drives a commercial motor vehicle on the highways of this state while such license or privilege is canceled, suspended, revoked, or disqualified, or while under suspension or revocation equivalent status, upon:

(a) A first conviction is guilty of a misdemeanor of the first degree, punishable as provided in s. 775.082 or s. 775.083.

(b) A second or subsequent conviction is guilty of a felony of the third degree, punishable as provided in s. 775.082, s. 775.083, or s. 775.084.

(8)(a) Upon the arrest of a person for the offense of driving while the person’s driver license or driving privilege is suspended or revoked, the arresting officer shall determine:

1. Whether the person’s driver license is suspended or revoked, or the person is under suspension or revocation equivalent status.

2. Whether the person’s driver license has remained suspended or revoked, or the person has been under suspension or revocation equivalent status, since a conviction for the offense of driving with a suspended or revoked license.

3. Whether the suspension, revocation, or suspension or revocation equivalent status was made under s. 316.646 or s. 627.733, relating to failure to maintain required security, or under s. 322.264, relating to habitual traffic offenders.

4. Whether the driver is the registered owner or co-owner of the vehicle.

(b) If the arresting officer finds in the affirmative as to all of the criteria in paragraph (a), the officer shall immediately impound or immobilize the vehicle.

(c) Within 7 business days after the date the arresting agency impounds or immobilizes the vehicle, either the arresting agency or the towing service, whichever is in possession of the vehicle, shall send notice by certified mail to any coregistered owners of the vehicle other than the person arrested and to each person of record claiming a lien against the vehicle. All costs and fees for the impoundment or immobilization, including the cost of notification, must be paid by the owner of the vehicle or, if the vehicle is leased, by the person leasing the vehicle.

(d) Either the arresting agency or the towing service, whichever is in possession of the vehicle, shall determine whether any vehicle impounded or immobilized under this section has been leased or rented or if there are any persons of record with a lien upon the vehicle. Either the arresting agency or the towing service, whichever is in possession of the vehicle, shall notify by express courier service with receipt or certified mail within 7 business days after the date of the immobilization or impoundment of the vehicle, the registered owner and all persons having a recorded lien against the vehicle that the vehicle has been impounded or immobilized. A lessor, rental car company, or lienholder may then obtain the vehicle, upon payment of any lawful towing or storage charges. If the vehicle is a rental vehicle subject to a written contract, the charges may be separately charged to the renter, in addition to the rental rate, along with other separate fees, charges, and recoupments disclosed on the rental agreement. If the storage facility fails to provide timely notice to a lessor, rental car company, or lienholder as required by this paragraph, the storage facility shall be responsible for payment of any towing or storage charges necessary to release the vehicle to a lessor, rental car company, or lienholder that accrue after the notice period, which charges may then be assessed against the driver of the vehicle if the vehicle was lawfully impounded or immobilized.

(e) Except as provided in paragraph (d), the vehicle shall remain impounded or immobilized for any period imposed by the court until:

1. The owner presents proof of insurance to the arresting agency; or

2. The owner presents proof of sale of the vehicle to the arresting agency and the buyer presents proof of insurance to the arresting agency.

If proof is not presented within 35 days after the impoundment or immobilization, a lien shall be placed upon such vehicle pursuant to s. 713.78.

(f) The owner of a vehicle that is impounded or immobilized under this subsection may, within 10 days after the date the owner has knowledge of the location of the vehicle, file a complaint in the county in which the owner resides to determine whether the vehicle was wrongfully taken or withheld. Upon the filing of a complaint, the owner or lienholder may have the vehicle released by posting with the court a bond or other adequate security equal to the amount of the costs and fees for impoundment or immobilization, including towing or storage, to ensure the payment of such costs and fees if the owner or lienholder does not prevail. When the vehicle owner or lienholder does not prevail on a complaint that the vehicle was wrongfully taken or withheld, he or she must pay the accrued charges for the immobilization or impoundment, including any towing and storage charges assessed against the vehicle. When the bond is posted and the fee is paid as set forth in s. 28.24, the clerk of the court shall issue a certificate releasing the vehicle. At the time of release, after reasonable inspection, the owner must give a receipt to the towing or storage company indicating any loss or damage to the vehicle or to the contents of the vehicle.

(9)(a) A motor vehicle that is driven by a person under the influence of alcohol or drugs in violation of s. 316.193 is subject to seizure and forfeiture under ss. 932.701-932.7062 and is subject to liens for recovering, towing, or storing vehicles under s. 713.78 if, at the time of the offense, the person’s driver license is suspended, revoked, or canceled, or suspension or revocation equivalent status was imposed, as a result of a prior conviction for driving under the influence.

(b) The law enforcement officer shall notify the Department of Highway Safety and Motor Vehicles of any impoundment or seizure for violation of paragraph (a) in accordance with procedures established by the department.

(c) Notwithstanding s. 932.7055, when the seizing agency obtains a final judgment granting forfeiture of the motor vehicle under this section, 30 percent of the net proceeds from the sale of the motor vehicle shall be retained by the seizing law enforcement agency. The remaining 70 percent of the proceeds shall first be applied to payment of court costs, fines, and fees remaining due, and any remaining balance of proceeds shall be deposited in the General Revenue Fund for use by local workforce development boards in providing transportation services for participants of the welfare transition program. In a forfeiture proceeding under this section, the court may consider the extent that the family of the owner has other public or private means of transportation.

(10)(a) Notwithstanding any other provision of this section, if a person does not have a prior forcible felony conviction as defined in s. 776.08, the penalties provided in paragraph (b) apply if a person’s driver license or driving privilege is canceled, suspended, or revoked, or the person is under suspension or revocation equivalent status, for:

1. Failing to pay child support as provided in s. 322.245 or s. 61.13016;

2. Failing to pay any other financial obligation as provided in s. 322.245 other than those specified in s. 322.245(1);

3. Failing to comply with a civil penalty required in s. 318.15;

4. Failing to maintain vehicular financial responsibility as required by chapter 324;

5. Failing to comply with attendance or other requirements for minors as set forth in s. 322.091; or

6. Having been designated a habitual traffic offender under s. 322.264(1)(d) as a result of suspensions of his or her driver license or driver privilege for any underlying violation listed in subparagraphs 1.-5.

(b)1. Upon a first conviction for knowingly driving while his or her license is suspended, revoked, or canceled, or while under suspension or revocation equivalent status, for any of the underlying violations listed in subparagraphs (a)1.-6., a person commits a misdemeanor of the second degree, punishable as provided in s. 775.082 or s. 775.083.

2. Upon a second or subsequent conviction for the same offense of knowingly driving while his or her license is suspended, revoked, or canceled, or while under suspension or revocation equivalent status, for any of the underlying violations listed in subparagraphs (a)1.-6., a person commits a misdemeanor of the first degree, punishable as provided in s. 775.082 or s. 775.083.

(11)(a) A person who does not hold a commercial driver license and who is cited for an offense of knowingly driving while his or her license is suspended, revoked, or canceled, or while under suspension or revocation equivalent status, for any of the underlying violations listed in paragraph (10)(a) may, in lieu of payment of fine or court appearance, elect to enter a plea of nolo contendere and provide proof of compliance to the clerk of the court, designated official, or authorized operator of a traffic violations bureau. In such case, adjudication shall be withheld. However, no election shall be made under this subsection if such person has made an election under this subsection during the preceding 12 months. A person may not make more than three elections under this subsection.

(b) If adjudication is withheld under paragraph (a), such action is not a conviction.

History.—s. 46, ch. 19551, 1939; CGL 1940 Supp. 8135(60); s. 46, ch. 20451, 1941; s. 7, ch. 22858, 1945; s. 1, ch. s. 59-3; s. 214, ch. 71-136; s. 7, ch. 72-175; s. 4, ch. 76-153; s. 69, ch. 88-381; s. 23, ch. 89-282; s. 85, ch. 94-306; s. 941, ch. 95-148; s. 1, ch. 95-202; s. 1, ch. 95-278; s. 40, ch. 97-300; s. 12, ch. 98-223; s. 10, ch. 98-324; s. 108, ch. 99-13; s. 1, ch. 99-234; s. 46, ch. 99-248; s. 85, ch. 2000-165; s. 64, ch. 2008-4; s. 1, ch. 2008-53; s. 5, ch. 2009-206; s. 4, ch. 2010-107; s. 39, ch. 2010-223; s. 5, ch. 2014-225; s. 7, ch. 2016-179; s. 10, ch. 2016-216; s. 12, ch. 2019-167; s. 16, ch. 2021-187; s. 9, ch. 2024-151.

F.S. 322.34 on Google Scholar

F.S. 322.34 on CourtListener

Amendments to 322.34

Annotations, Discussions, Cases:

Civil Citations / Citable Offenses under S322.34

R or S next to points is Mandatory Revocation or Suspension

S322.34 (1) Unknowingly operating vehicle while DL SUSPENDED/CANCELED/REVOKED [Can only be used for fail to pay or financial responsibility per 322.34(2)] (Does not apply to HTO/CMV driver - Points on Drivers License: 3

S322.34 (2) Operating while DL SUSPENDED/CANCELED/REVOKED (specify reason) - Points on Drivers License: 0

S322.34 (2)(a) Operating while DL Susp/Canceled/Revoked, 1st conviction - Points on Drivers License: 0

S322.34 (2)(b) Operating while DL Susp/Canceled/Revoked, 2nd conviction - Points on Drivers License: 0

S322.34 (2)(c) Operating while DL Susp/Canceled/Revoked, 3rd or subsequent - Points on Drivers License: 0

S322.34 (5) Operating while DL REVOKED for Habitual Traffic Offender - Points on Drivers License: 0

S322.34 (6)(a) Operating without a DL causing Death or Serious Bodily Injury, Felony of 3rd degree - Points on Drivers License: 0

S322.34 (6)(b) Operating while DL Susp/Canceled/Revoked causing Death or Serious Bodily Injury, Felony of 3rd degree - Points on Drivers License: 0

S322.34 (7) Operating CMV while DL is SUSPENDED/CANCELED/REVOKED/DISQUALIFIED - Points on Drivers License: 0

S322.34 (10)(a) Operating while DL SUSPENDED/CANCELED/REVOKED (specify reason) IF NO PRIOR FORCIBLE FELONY - Points on Drivers License: 0

Arrestable Offenses / Crimes under Fla. Stat. 322.34

Level: Degree
Misdemeanor/Felony: First/Second/Third

S322.34 2 - MOVING TRAFFIC VIOL - RENUMBERED. SEE REC # 9093 - M: S

S322.34 2 - MOVING TRAFFIC VIOL - RENUMBERED. SEE REC # 9094 - M: F

S322.34 2 - MOVING TRAFFIC VIOL - RENUMBERED. SEE REC # 9095 - F: T

S322.34 2 - MOVING TRAFFIC VIOL - REMOVED - F: T

S322.34 2a - MOVING TRAFFIC VIOL - DRIV WHILE LIC SUSPEND REVOCATION EQUIV STATUS - M: S

S322.34 2a - MOVING TRAFFIC VIOL - REMOVED - M: S

S322.34 2a - NONMOVING TRAFFIC VIOL - REMOVED - M: F

S322.34 2b - MOVING TRAFFIC VIOL - DWLSR REVOCATION EQUIV STATUS 2ND SUBS OFF - M: F

S322.34 2b - MOVING TRAFFIC VIOL - RENUMBERED. SEE REC #8758 - M: F

S322.34 2c - MOVING TRAFFIC VIOL - DWLSR REVOCATION EQUIV STATUS 3RD SUB VIOL - F: T

S322.34 2c - MOVING TRAFFIC VIOL - RENUMBERED. SEE REC # 8839 - F: T

S322.34 5 - MOVING TRAFFIC VIOL - DRIVE WHILE LIC SUSP HABITUAL OFFENDER - F: T

S322.34 6a - MOVING TRAFFIC VIOL - DRIVE WO LIC CAUSES DEATH/SERIOUS INJURY W VEH - F: T

S322.34 6b - MOVING TRAFFIC VIOL - DRIVE WHILE LIC SUSPENDED DEATH SERIOUS INJURY - F: T

S322.34 7 - MOVING TRAFFIC VIOL - DWLSR REV EQUIV STATUS COMMERICAL VEH 1ST OFF - M: F

S322.34 7 - MOVING TRAFFIC VIOL - DWLSR REV EQUIV STATUS COMMERICAL VEH 2ND SUBQ - F: T

S322.34 7a - MOVING TRAFFIC VIOL - RENUMBERED. SEE REC # 8843 - M: F

S322.34 7b - MOVING TRAFFIC VIOL - RENUMBERED. SEE REC # 8844 - F: T

S322.34 10a - MOVING TRAFFIC VIOL - RENUMBERED. SEE REC # 7161 - M: S

S322.34 10a - MOVING TRAFFIC VIOL - RENUMBERED. SEE REC # 7162 - M: F

S322.34 10b1 - NONMOVING TRAFFIC VIOL - SEE REC #7161 - M: S

S322.34 10b1 - MOVING TRAFFIC VIOL - DWLSR OR REVOCATION EQUIV STATUS - M: S

S322.34 10b2 - NONMOVING TRAFFIC VIOL - SEE REC #7162 - M: F

S322.34 10b2 - MOVING TRAFFIC VIOL - DWLSR OR REVOCATION EQUIV STATUS SUBSQ OFF - M: F

Cases Citing Statute 322.34

Total Results: 337

Kelvin Leon Reed v. Secretary, Florida Department of Corrections

767 F.3d 1252, 2014 U.S. App. LEXIS 18295, 2014 WL 4724692

Court of Appeals for the Eleventh Circuit | Filed: Sep 24, 2014 | Docket: 1352910

Cited 48 times | Published

bodily injury or death in violation of Fla. Stat. § 322.34(6). Reed proceeded to trial in February 2005,

State v. Rodriguez

575 So. 2d 1262, 1991 WL 36398

Supreme Court of Florida | Filed: Jan 3, 1991 | Docket: 1731302

Cited 30 times | Published

and driving while license suspended or revoked. § 322.34(1), Fla. Stat. (Supp. 1988). Although these charges

Mourra v. State

884 So. 2d 316, 2004 WL 1969521

District Court of Appeal of Florida | Filed: Sep 8, 2004 | Docket: 273542

Cited 26 times | Published

KELLY and VILLANTI, JJ., Concur. NOTES [1] See § 322.34(5), Fla. Stat. (2002). [2] Mr. Mourra's motion

United States v. Quintana

594 F. Supp. 2d 1291, 2009 U.S. Dist. LEXIS 3495, 2009 WL 129603

District Court, M.D. Florida | Filed: Jan 20, 2009 | Docket: 1479821

Cited 25 times | Published

by fine but not by imprisonment. Fla. Stat. § § 322.34(1) and 318.13(3); see Thomas v. State, 614 So

Bozeman v. State

714 So. 2d 570, 1998 WL 347607

District Court of Appeal of Florida | Filed: Jul 1, 1998 | Docket: 461545

Cited 24 times | Published

suspended, revoked, or cancelled in violation of section 322.34, Florida Statutes (DWLS). We find that we need

Raulerson v. State

763 So. 2d 285, 2000 WL 963827

Supreme Court of Florida | Filed: Jul 13, 2000 | Docket: 308353

Cited 20 times | Published

the district courts expressly declared that section 322.34(1), Florida Statutes (1995), is constitutional

State v. Hubbard

751 So. 2d 552, 1999 WL 1211589

Supreme Court of Florida | Filed: Dec 16, 1999 | Docket: 1712551

Cited 19 times | Published

element, in contrast to a related statute such as section 322.34(3),[21] which does include such an element

Pierce v. State

718 So. 2d 806, 1997 WL 227452

District Court of Appeal of Florida | Filed: May 7, 1997 | Docket: 466461

Cited 19 times | Published

of violating both section 322.34(3), Florida Statutes (1991)(renumbered as § 322.34(3)(b), Fla. Stat.

State v. Keirn

720 So. 2d 1085, 1998 WL 219729

District Court of Appeal of Florida | Filed: May 6, 1998 | Docket: 308401

Cited 18 times | Published

whether a conviction within the meaning of section 322.34, Florida Statutes (1995), requires there to

Turner v. State

29 So. 3d 361, 2010 Fla. App. LEXIS 2104, 2010 WL 624159

District Court of Appeal of Florida | Filed: Feb 24, 2010 | Docket: 1135747

Cited 16 times | Published

pursuant to section 322.251, Florida Statutes. Section 322.34(2)(a) provides that a person whose driver's

Huss v. State

771 So. 2d 591, 2000 WL 1675946

District Court of Appeal of Florida | Filed: Nov 9, 2000 | Docket: 1339744

Cited 16 times | Published

driving while license suspended, in violation of section 322.34(2), Florida Statutes (Supp.1998). We reverse

FLA. DHSMV v. Critchfield

842 So. 2d 782

Supreme Court of Florida | Filed: Mar 13, 2003 | Docket: 1730513

Cited 15 times | Published

incarcerated offenders while section 12 amends section 322.34, Florida Statutes dealing with driving while

Arthur v. State

818 So. 2d 589, 2002 WL 727008

District Court of Appeal of Florida | Filed: Apr 26, 2002 | Docket: 1169835

Cited 15 times | Published

resulting in his driving privileges being revoked. Section 322.34(5), Florida Statutes makes it a third-degree

Carroll v. State

761 So. 2d 417, 2000 WL 668488

District Court of Appeal of Florida | Filed: May 24, 2000 | Docket: 1709278

Cited 15 times | Published

State. Appellant was convicted pursuant to section 322.34(5), Florida Statutes (1997), which states:

Stoletz v. State

875 So. 2d 572, 2004 WL 1119362

Supreme Court of Florida | Filed: May 20, 2004 | Docket: 1683994

Cited 14 times | Published

license suspended (habitual), a violation of section 322.34(5). When a defendant is convicted of another

Rodgers v. State

804 So. 2d 480, 26 Fla. L. Weekly Fed. D 2886

District Court of Appeal of Florida | Filed: Dec 5, 2001 | Docket: 1334466

Cited 14 times | Published

defendant was convicted of a violation of section 322.34(5), which provides: "Any person whose driver's

Jackson v. State

634 So. 2d 1103, 1994 WL 112245

District Court of Appeal of Florida | Filed: Apr 6, 1994 | Docket: 1737907

Cited 11 times | Published

where he injured four people in one accident. Section 322.34(3), Florida Statutes (1991), under which Boutwell

Thomas v. State

644 So. 2d 597, 1994 WL 600792

District Court of Appeal of Florida | Filed: Nov 4, 1994 | Docket: 1672280

Cited 10 times | Published

(1991). [3] § 316.610, Fla. Stat. (1991). [4] § 322.34, Fla. Stat. (1991). [5] Terry v. Ohio, 392 U

Card v. State

927 So. 2d 200, 2006 WL 1144356

District Court of Appeal of Florida | Filed: Apr 28, 2006 | Docket: 1764846

Cited 9 times | Published

revoked as an habitual offender, in violation of section 322.34(5), Florida Statutes (2004). Card argues that

Thompson v. State

887 So. 2d 1260, 2004 WL 2534336

Supreme Court of Florida | Filed: Nov 10, 2004 | Docket: 466556

Cited 9 times | Published

of the punishment enhancement provisions of section 322.34(2), Florida Statutes (Supp.1998), where the

DEPT. OF HIGHWAY SAFETY & MOTOR VEHICLES v. Critchfield

805 So. 2d 1034, 2002 Fla. App. LEXIS 17, 2002 WL 10071

District Court of Appeal of Florida | Filed: Jan 4, 2002 | Docket: 1669470

Cited 9 times | Published

incarcerated offenders while section 12 amends section 322.34, Florida Statutes dealing with driving while

Jordan v. State

707 So. 2d 816, 1998 WL 66571

District Court of Appeal of Florida | Filed: Feb 20, 1998 | Docket: 1259715

Cited 9 times | Published

(3)(a), (b), and (c)1, Fla. Stat. (1995). [3] § 322.34(1), Fla. Stat. (1995). [4] Fla. Std. Jury Instr

Melbourne v. State

655 So. 2d 126, 1995 WL 232676

District Court of Appeal of Florida | Filed: Apr 21, 1995 | Docket: 1326963

Cited 9 times | Published

In Boutwell, the supreme court considered section 322.34 (driving with a suspended license), a statute

Boutwell v. State

631 So. 2d 1094, 1994 WL 37920

Supreme Court of Florida | Filed: Feb 10, 1994 | Docket: 1748402

Cited 9 times | Published

counts of driving with a suspended license under section 322.34, Florida Statutes (1985).[2] Both charges arose

Kelly v. State

987 So. 2d 1237, 2008 WL 3349064

District Court of Appeal of Florida | Filed: Aug 13, 2008 | Docket: 2534022

Cited 8 times | Published

contains an element of causation. See § 322.34(6). Section 322.34(6) provides that a person who operates

Maxwell v. State

974 So. 2d 505, 2008 WL 268757

District Court of Appeal of Florida | Filed: Feb 1, 2008 | Docket: 1368755

Cited 8 times | Published

license suspended or revoked, in violation of section 322.34(2)(c), Florida Statutes (2006). He was examined

State v. Finelli

780 So. 2d 31, 2001 WL 197053

Supreme Court of Florida | Filed: Mar 1, 2001 | Docket: 2448505

Cited 8 times | Published

(holding that a "conviction" for purposes of section 322.34(1), Florida Statutes (1995), includes a withheld

State v. Thompson

754 So. 2d 126, 2000 WL 282783

District Court of Appeal of Florida | Filed: Mar 17, 2000 | Docket: 475846

Cited 8 times | Published

cancelled, suspended or revoked in violation of section 322.34(2), Florida Statutes. Because of an extensive

Collins v. State

605 So. 2d 568, 1992 WL 235340

District Court of Appeal of Florida | Filed: Sep 25, 1992 | Docket: 459904

Cited 8 times | Published

193(3)(a), (b), (c)2, Fla. Stat. (1989). [3] § 322.34(3), Fla. Stat. (1989). [4] § 316.192, Fla. Stat

Gil v. State

118 So. 3d 787, 38 Fla. L. Weekly Supp. 581, 2013 WL 3466806, 2013 Fla. LEXIS 1429

Supreme Court of Florida | Filed: Jul 11, 2013 | Docket: 60233431

Cited 7 times | Published

a suspended license (DWLS), in violation of section 322.34(2), Florida Statutes (2009), and unlawful driving

Anderson v. State

87 So. 3d 774, 37 Fla. L. Weekly Supp. 227, 2012 Fla. LEXIS 553, 2012 WL 851040

Supreme Court of Florida | Filed: Mar 15, 2012 | Docket: 60308042

Cited 7 times | Published

driving with a suspended license pursuant to section 322.34, Florida Statutes (2011). After her arrest

Love v. State

971 So. 2d 280, 2008 WL 80223

District Court of Appeal of Florida | Filed: Jan 9, 2008 | Docket: 1731987

Cited 7 times | Published

with a suspended license without knowledge. See § 322.34(1), Fla. Stat. (2006). However, according to Officer

Patterson v. State

938 So. 2d 625, 2006 WL 2844575

District Court of Appeal of Florida | Filed: Oct 6, 2006 | Docket: 1254083

Cited 7 times | Published

license suspended as a habitual traffic offender." § 322.34(5). Mr. Patterson filed a "motion in limine to

State v. Gloster

703 So. 2d 1174, 1997 WL 774761

District Court of Appeal of Florida | Filed: Dec 18, 1997 | Docket: 1703995

Cited 7 times | Published

dismissing an information charging a violation of section 322.34(1)(c), Florida Statutes (1995), because the

Raulerson v. State

699 So. 2d 339, 1997 WL 593917

District Court of Appeal of Florida | Filed: Sep 26, 1997 | Docket: 1321011

Cited 7 times | Published

driving while license suspended, claiming that section 322.34(1) of the Florida Statutes (1995) unconstitutionally

Dept. of Health & Rehab. Services v. S.

648 So. 2d 128, 20 Fla. L. Weekly Supp. 23, 1995 Fla. LEXIS 17, 1995 WL 8966

Supreme Court of Florida | Filed: Jan 12, 1995 | Docket: 1701943

Cited 7 times | Published

nature to define conduct in other statutes. See § 322.34(3), Fla. Stat. (1989) (driving with suspended

Wright v. State

592 So. 2d 1123, 1991 WL 268080

District Court of Appeal of Florida | Filed: Dec 17, 1991 | Docket: 1428961

Cited 7 times | Published

license and causing serious injury to another, § 322.34(3), Fla. Stat. (1989). He also appeals the departure

Crain v. State

79 So. 3d 118, 2012 Fla. App. LEXIS 812, 2012 WL 181453

District Court of Appeal of Florida | Filed: Jan 24, 2012 | Docket: 2357556

Cited 6 times | Published

driver's license, his conviction for violating section 322.34(5), Florida Statutes (2009), constituted fundamental

Thomas v. State

837 So. 2d 443, 2002 WL 31557253

District Court of Appeal of Florida | Filed: Nov 20, 2002 | Docket: 1527549

Cited 6 times | Published

license suspended and causing death, pursuant to section 322.34(6), Florida Statutes. Double jeopardy principles

Levine v. State

788 So. 2d 379, 2001 WL 686522

District Court of Appeal of Florida | Filed: Jun 20, 2001 | Docket: 1685231

Cited 6 times | Published

adjudication could be considered a "conviction" under section 322.34, Florida Statutes (1995). See also Raulerson

State v. Smith

638 So. 2d 509, 1994 WL 245628

Supreme Court of Florida | Filed: Jun 9, 1994 | Docket: 1169207

Cited 6 times | Published

1993), in which the district court declared section 322.34(3), Florida Statutes (1991), to be unconstitutional

Hallman v. State

492 So. 2d 1136, 11 Fla. L. Weekly 1741

District Court of Appeal of Florida | Filed: Aug 8, 1986 | Docket: 358944

Cited 6 times | Published

offense of driving while license suspended, section 322.34, Florida Statutes (1985), may result from a

McGraw v. State

404 So. 2d 817

District Court of Appeal of Florida | Filed: Oct 13, 1981 | Docket: 1782428

Cited 6 times | Published

incarceration for this offense is one year in jail. Section 322.34(1), Florida Statutes (1977); § 775.082(4)(a)

In re Standard Jury Instructions in Criminal Cases-Report No. 2012-04

131 So. 3d 720, 38 Fla. L. Weekly Supp. 877, 2013 WL 6305393, 2013 Fla. LEXIS 2640

Supreme Court of Florida | Filed: Dec 5, 2013 | Docket: 60238161

Cited 5 times | Published

CANCELED, SUSPENDED, OR REVOKED FOR SPECIFIED REASON] § 322.34(6)(a) or (b), Fla. Stat. To prove the crime of

Sorrell v. State

855 So. 2d 1253, 2003 WL 22339170

District Court of Appeal of Florida | Filed: Oct 15, 2003 | Docket: 463989

Cited 5 times | Published

identical to the one appellant makes here. Section 322.34(5), Florida Statutes (2001), prohibits driving

Martin v. State

816 So. 2d 187, 2002 WL 832009

District Court of Appeal of Florida | Filed: May 3, 2002 | Docket: 1753370

Cited 5 times | Published

Fla. Stat. [2] § 316.1935(3), Fla. Stat. [3] § 322.34(5), Fla. Stat. [4] The trial judge gave as reasons

State v. Fields

809 So. 2d 99, 2002 WL 384959

District Court of Appeal of Florida | Filed: Feb 27, 2002 | Docket: 1385743

Cited 5 times | Published

a habitual driving offender in violation of section 322.34, Florida Statutes (1997). Each pleaded not

State v. Riley

698 So. 2d 374, 1997 WL 476461

District Court of Appeal of Florida | Filed: Aug 22, 1997 | Docket: 434282

Cited 5 times | Published

importance: Is a Go-Ped a motor vehicle under section 322.34 of the Florida Statutes? This *375 question

Bryant v. State

644 So. 2d 513, 1994 WL 474926

District Court of Appeal of Florida | Filed: Sep 2, 1994 | Docket: 1248332

Cited 5 times | Published

Stat. [3] See § 782.071, Fla. Stat. [4] See § 322.34(3), Fla. Stat. [5] As explained to Bryant by

Cooper v. State

621 So. 2d 729, 1993 WL 186549

District Court of Appeal of Florida | Filed: Jun 4, 1993 | Docket: 1265937

Cited 5 times | Published

s. 775.082, s. 775.083, or s. 775.084. *732 Section 322.34, which pertains to driving while license suspended

Ivory v. State

588 So. 2d 1007, 1991 WL 194181

District Court of Appeal of Florida | Filed: Oct 3, 1991 | Docket: 1297406

Cited 5 times | Published

second degree misdemeanor, in violation of section 322.34(1), Florida Statutes (1985). The ticket specified

Ivory v. State

588 So. 2d 1007, 1991 WL 194181

District Court of Appeal of Florida | Filed: Oct 3, 1991 | Docket: 1297406

Cited 5 times | Published

second degree misdemeanor, in violation of section 322.34(1), Florida Statutes (1985). The ticket specified

Williamson v. State

569 So. 2d 1368, 1990 WL 175789

District Court of Appeal of Florida | Filed: Nov 14, 1990 | Docket: 1190579

Cited 5 times | Published

misdemeanor with a maximum penalty of 6 months. Section 322.34, Florida Statutes. Therefore, Appellant's sentence

State v. Smith

529 So. 2d 1226, 1988 WL 81868

District Court of Appeal of Florida | Filed: Aug 9, 1988 | Docket: 432157

Cited 5 times | Published

318.14(1), Fla. Stat. (1985). The citation of section 322.34 on the arrest form was apparently a scrivener's

McKally v. Perez

87 F. Supp. 3d 1310, 2015 U.S. Dist. LEXIS 23737, 2015 WL 758283

District Court, S.D. Florida | Filed: Feb 6, 2015 | Docket: 64300566

Cited 4 times | Published

probable cause. Pursuant to Florida Statute section 322.34(1), “any person whose driver license or driving

State v. Walton

42 So. 3d 902, 2010 Fla. App. LEXIS 12211, 2010 WL 3270967

District Court of Appeal of Florida | Filed: Aug 20, 2010 | Docket: 1148569

Cited 4 times | Published

license suspended or revoked, a violation of section 322.34(2)(a), Florida Statutes (2006). II. THE MOTION

Carter v. State

23 So. 3d 1238, 2009 Fla. App. LEXIS 17694, 2009 WL 4060861

District Court of Appeal of Florida | Filed: Nov 25, 2009 | Docket: 1657336

Cited 4 times | Published

Felony Driving While License Revoked Under section 322.34, Florida Statutes (2007), a person commits

Horne v. State

6 So. 3d 99, 2009 Fla. App. LEXIS 2905, 2009 WL 839034

District Court of Appeal of Florida | Filed: Apr 1, 2009 | Docket: 1665961

Cited 4 times | Published

license suspended or revoked, § 322.34(5), Fla. Stat. (2004)

State v. James

928 So. 2d 1269, 2006 WL 1443264

District Court of Appeal of Florida | Filed: May 26, 2006 | Docket: 1406091

Cited 4 times | Published

against Mr. James. The violation created by section 322.34(5) does not involve as an element of the

Inman v. State

916 So. 2d 59, 2005 WL 3408037

District Court of Appeal of Florida | Filed: Dec 14, 2005 | Docket: 1187628

Cited 4 times | Published

Revoked Third or Subsequent, in violation of section 322.34(2)(c), Florida Statutes (2004). Inman was driving

Kallelis v. State

909 So. 2d 544, 2005 WL 2086063

District Court of Appeal of Florida | Filed: Aug 31, 2005 | Docket: 1199633

Cited 4 times | Published

motion for judgment of acquittal on this record. Section 322.34(5), Florida Statutes (2003), provides that

Ivory v. State

898 So. 2d 184, 2005 WL 562657

District Court of Appeal of Florida | Filed: Mar 11, 2005 | Docket: 1448296

Cited 4 times | Published

SAWAYA, C.J., and PETERSON, J., concur. NOTES [1] § 322.34(5), Fla. Stat. (2003). [2] § 322.03(1), Fla.

Cox v. DEPARTMENT OF HIGHWAY SAFETY

881 So. 2d 641, 2004 WL 1799771

District Court of Appeal of Florida | Filed: Aug 13, 2004 | Docket: 1748721

Cited 4 times | Published

PETERSON and ORFINGER, JJ., concur. NOTES [1] Section 322.34(9), Florida Statutes (2001), states: (9)(a)

Thompson v. State

808 So. 2d 284, 2002 WL 312522

District Court of Appeal of Florida | Filed: Mar 1, 2002 | Docket: 2577604

Cited 4 times | Published

suspended or revoked (felony DWLS), a violation of Section 322.34(2)(c), Florida Statutes (Supp.1998). In Thompson's

State v. Green

747 So. 2d 1007, 1999 WL 1111790

District Court of Appeal of Florida | Filed: Dec 8, 1999 | Docket: 1739010

Cited 4 times | Published

a habitual traffic offender in violation of section 322.34(5), Florida Statutes. The defendant filed a

State v. Lamoureux

660 So. 2d 1063, 1995 WL 396318

District Court of Appeal of Florida | Filed: Jul 7, 1995 | Docket: 1641838

Cited 4 times | Published

driving with a suspended license in violation of section 322.34(3), which was later dismissed. Prior to trial

State v. McClain

508 So. 2d 1259, 12 Fla. L. Weekly 1290

District Court of Appeal of Florida | Filed: May 20, 1987 | Docket: 1648979

Cited 4 times | Published

license was suspended or revoked, contrary to section 322.34, Florida Statutes. After substantial discovery

Smith v. State

155 So. 2d 826

District Court of Appeal of Florida | Filed: Jul 31, 1963 | Docket: 2519542

Cited 4 times | Published

to him and valid at the time of his arrest." Section 322.34 makes it a misdemeanor for a person to drive

Prentice Stringfield v. State

254 So. 3d 1127

District Court of Appeal of Florida | Filed: Aug 27, 2018 | Docket: 7819886

Cited 3 times | Published

revoked license in violation of and as defined by section 322.34, Florida Statutes (2017), we find that the

Thomas Rigterink v. State of Florida

193 So. 3d 846, 41 Fla. L. Weekly Supp. 177, 2016 WL 1592714, 2016 Fla. LEXIS 835

Supreme Court of Florida | Filed: Apr 21, 2016 | Docket: 3056546

Cited 3 times | Published

a relatively minor infraction. See § 322.34, Fla. Stat. (2003) (classifying driving with a

Thompson v. State

37 So. 3d 939, 2010 Fla. App. LEXIS 8232, 2010 WL 2330241

District Court of Appeal of Florida | Filed: Jun 11, 2010 | Docket: 1668913

Cited 3 times | Published

license was cancelled, suspended, or revoked. See § 322.34(2)(c), Fla. Stat. (2007). The State filed an affidavit

Haygood v. State

17 So. 3d 894, 2009 Fla. App. LEXIS 13899, 2009 WL 2959659

District Court of Appeal of Florida | Filed: Sep 17, 2009 | Docket: 1140857

Cited 3 times | Published

arrest. The trial court denied the motion. Under section 322.34, Florida Statutes (2006), it is a crime for

State v. Leukel

979 So. 2d 292, 2008 WL 536645

District Court of Appeal of Florida | Filed: Feb 29, 2008 | Docket: 1408156

Cited 3 times | Published

while his license was permanently revoked, and section 322.34(2)(b) by driving while his license was revoked

Fields v. State

968 So. 2d 1032, 2007 WL 3033401

District Court of Appeal of Florida | Filed: Oct 19, 2007 | Docket: 2531107

Cited 3 times | Published

GRIFFIN and THOMPSON, JJ., concur. NOTES [1] § 322.34(5), Fla. Stat. (2005). [2] Section 948.063(2)

Lanier v. State

936 So. 2d 1158, 2006 WL 2381956

District Court of Appeal of Florida | Filed: Aug 18, 2006 | Docket: 1161608

Cited 3 times | Published

investigated the status of Lanier's driver's license. See § 322.34(2) (making it a criminal offense for a driver

In Re Forfeiture of 1997 Jeep Cherokee

898 So. 2d 223, 2005 WL 597518

District Court of Appeal of Florida | Filed: Mar 16, 2005 | Docket: 1448082

Cited 3 times | Published

license convictions under section 322.34(2), Florida Statutes (2002). See § 322.34(2)(c). The officer seized

Grizzard v. State

881 So. 2d 673, 2004 WL 1908110

District Court of Appeal of Florida | Filed: Aug 27, 2004 | Docket: 1466234

Cited 3 times | Published

possessed a license which on its face was valid. Section 322.34(2), Florida Statutes (2003), provides: Any

Martin v. State

809 So. 2d 65, 2002 WL 191583

District Court of Appeal of Florida | Filed: Feb 8, 2002 | Docket: 1385660

Cited 3 times | Published

require knowledge as an essential element. See § 322.34, Fla. Stat. (1995). Thus arguably, they should

State v. Wittman

794 So. 2d 725, 2001 WL 1093091

District Court of Appeal of Florida | Filed: Sep 19, 2001 | Docket: 1737966

Cited 3 times | Published

from an order of the lower court declaring section 322.34(5), Florida Statutes (1997), unconstitutional

Caples v. State

790 So. 2d 1143, 2001 WL 753902

District Court of Appeal of Florida | Filed: Jul 6, 2001 | Docket: 238072

Cited 3 times | Published

occurring before the statutory revision of section 322.34, Fla. Stat., could not be treated as prior

State v. Tucker

761 So. 2d 1248, 2000 WL 966044

District Court of Appeal of Florida | Filed: Jul 14, 2000 | Docket: 1709332

Cited 3 times | Published

traffic offender, a third-degree felony, under section 322.34(5), Florida Statutes (1999). He filed a sworn

Brown v. State

764 So. 2d 741, 2000 WL 873548

District Court of Appeal of Florida | Filed: Jul 5, 2000 | Docket: 220912

Cited 3 times | Published

defense. The jury convicted him on all counts. Section 322.34, Florida Statutes (Supp. 1998), provides in

Belt v. State

748 So. 2d 386, 2000 Fla. App. LEXIS 432, 2000 WL 45665

District Court of Appeal of Florida | Filed: Jan 21, 2000 | Docket: 64793846

Cited 3 times | Published

driving while license suspended, a violation of section 322.34(2)(b), Florida Statutes (1995), when the statute

Bruno v. State

704 So. 2d 134, 1997 WL 716072

District Court of Appeal of Florida | Filed: Nov 19, 1997 | Docket: 1354370

Cited 3 times | Published

which constitutes a misdemeanor or felony under section 322.34, Florida Statutes (1995), depending upon the

State v. Harvey

693 So. 2d 1009, 1997 WL 163019

District Court of Appeal of Florida | Filed: Apr 9, 1997 | Docket: 1524493

Cited 3 times | Published

the information charging appellee pursuant to section 322.34(1), Florida Statutes (1995), with driving while

Cuciak v. State

394 So. 2d 500

District Court of Appeal of Florida | Filed: Feb 18, 1981 | Docket: 1692084

Cited 3 times | Published

his license was suspended, in violation of Section 322.34, Florida Statutes (1979). Shortly after the

GEORGE GOMILLION v. STATE OF FLORIDA

267 So. 3d 502

District Court of Appeal of Florida | Filed: Mar 20, 2019 | Docket: 14752814

Cited 2 times | Published

a canceled, suspended, or revoked license, see § 322.34(6)(b), Fla. Stat. (2016). As the case headed

In re Standard Jury Instructions in Criminal Cases-Rreport No. 2012-08

131 So. 3d 692, 2013 WL 6124277

Supreme Court of Florida | Filed: Nov 21, 2013 | Docket: 60238156

Cited 2 times | Published

SUSPENDED, REVOKED OR CANCELED WITH KNOWLEDGE § 322.34(2), Fla. Stat. To prove the crime of Driving While

Lott v. State

74 So. 3d 556, 2011 Fla. App. LEXIS 17874, 2011 WL 5416331

District Court of Appeal of Florida | Filed: Nov 10, 2011 | Docket: 2358364

Cited 2 times | Published

driving that causes serious bodily injury. Section 322.34(6)(b) involves driving without a valid driver's

Deatherage v. State

15 So. 3d 775, 2009 Fla. App. LEXIS 9753, 34 Fla. L. Weekly Fed. D 1442

District Court of Appeal of Florida | Filed: Jul 17, 2009 | Docket: 1191673

Cited 2 times | Published

retroactive application of subsection (10) of section 322.34, Florida Statutes, which became effective July

Ibarrondo v. State

1 So. 3d 226, 2008 Fla. App. LEXIS 20619, 2008 WL 5352101

District Court of Appeal of Florida | Filed: Dec 24, 2008 | Docket: 1653622

Cited 2 times | Published

respects. Finally, specifically as concerns section 322.34(2)(c), while we conclude that it is constitutional

Morris v. State

988 So. 2d 120, 2008 Fla. App. LEXIS 11431, 2008 WL 2851514

District Court of Appeal of Florida | Filed: Jul 25, 2008 | Docket: 64855374

Cited 2 times | Published

suspended or revoked (“DWLS”), in violation of section 322.34(2)(a), Florida Statutes (2006). On appeal Morris

Ward v. State

984 So. 2d 650, 2008 WL 2491656

District Court of Appeal of Florida | Filed: Jun 24, 2008 | Docket: 1685898

Cited 2 times | Published

Everett Phillips (count III), in violation of section 322.34(6), Florida Statutes (2004). Pursuant to negotiations

Blandin v. State

976 So. 2d 1201, 2008 WL 783287

District Court of Appeal of Florida | Filed: Mar 26, 2008 | Docket: 1680199

Cited 2 times | Published

as a habitual traffic offender pursuant to section 322.34(5), Florida Statutes (2004). Blandin entered

United States v. Crisp

542 F. Supp. 2d 1267, 2008 U.S. Dist. LEXIS 12867, 2008 WL 506214

District Court, M.D. Florida | Filed: Feb 21, 2008 | Docket: 2171137

Cited 2 times | Published

driver, to drive or operate the van, see Fla. Stat. § 322.34(5) ("Any person whose driver's license has been

State v. Byrd

969 So. 2d 581, 2007 WL 4245388

District Court of Appeal of Florida | Filed: Dec 5, 2007 | Docket: 1403688

Cited 2 times | Published

driving while his license was revoked pursuant to section 322.34(5), Florida Statutes. We affirm, as the state

Kirschner v. State

915 So. 2d 624, 2005 WL 2138705

District Court of Appeal of Florida | Filed: Sep 7, 2005 | Docket: 2212280

Cited 2 times | Published

traffic offender statute[1] in violation of section 322.34(5), Florida Statutes (2004). Because the State's

DEPARTMENT OF HIGHWAY SAFETY v. Rosenthal

908 So. 2d 602, 2005 WL 1993509

District Court of Appeal of Florida | Filed: Aug 19, 2005 | Docket: 1397395

Cited 2 times | Published

to the constitutionality of the provision in section 322.34(1), Florida Statutes (1995), which provided

Armstrong v. State

896 So. 2d 866, 2005 WL 433322

District Court of Appeal of Florida | Filed: Feb 25, 2005 | Docket: 1683508

Cited 2 times | Published

NOTES [1] § 951.22, Fla. Stat. (2003). [2] § 322.34, Fla. Stat. (2003).

State v. Phillips

852 So. 2d 922, 2003 WL 21980387

District Court of Appeal of Florida | Filed: Aug 21, 2003 | Docket: 1711069

Cited 2 times | Published

Count I of an amended information, finding that section 322.34(5), Florida Statutes (2001), the statute upon

State v. Meister

849 So. 2d 1127, 2003 WL 21658536

District Court of Appeal of Florida | Filed: Jul 16, 2003 | Docket: 1509346

Cited 2 times | Published

appellee's motion to dismiss on the grounds that section 322.34(2), Florida Statutes (2001), is unconstitutionally

Bowen v. State

833 So. 2d 288, 2002 WL 31875034

District Court of Appeal of Florida | Filed: Dec 27, 2002 | Docket: 1259018

Cited 2 times | Published

revoked as an habitual offender, pursuant to section 322.34(5), Florida Statutes (2001): Any person whose

Simmons v. State

824 So. 2d 327, 2002 WL 1971910

District Court of Appeal of Florida | Filed: Aug 28, 2002 | Docket: 2547802

Cited 2 times | Published

while license suspended or revoked pursuant to section 322.34(2), Florida Statutes (2000), and under that

Stutts v. State

821 So. 2d 449, 2002 WL 1586786

District Court of Appeal of Florida | Filed: Jul 19, 2002 | Docket: 1657108

Cited 2 times | Published

for a Florida DWLSR felony conviction under section 322.34, Florida Statutes. Appellant alleges that because

Trombley v. State

754 So. 2d 121, 2000 WL 282339

District Court of Appeal of Florida | Filed: Mar 17, 2000 | Docket: 1523566

Cited 2 times | Published

intended the term "conviction," as used in section 322.34, a similarly-related statute to the one involved

May v. State

747 So. 2d 459, 1999 WL 1243869

District Court of Appeal of Florida | Filed: Dec 22, 1999 | Docket: 1738933

Cited 2 times | Published

driving with a suspended license in violation of section 322.34(2), Florida Statutes. The guidelines scoresheet

Duan Le v. U.S. Attorney General

196 F.3d 1352, 1999 U.S. App. LEXIS 31929

Court of Appeals for the Eleventh Circuit | Filed: Dec 3, 1999 | Docket: 395654

Cited 2 times | Published

193(3)(1996). 2 . Fla. Stat. Ann. § 322.34(3)(1996).

Ledlow v. State

743 So. 2d 165, 1999 WL 966731

District Court of Appeal of Florida | Filed: Oct 20, 1999 | Docket: 1243218

Cited 2 times | Published

his/her license was suspended." Florida Statutes section 322.34 prohibits knowingly driving with a suspended

Fields v. State

731 So. 2d 753, 1999 WL 186556

District Court of Appeal of Florida | Filed: Apr 6, 1999 | Docket: 1409304

Cited 2 times | Published

relying on Chicone, held that a conviction under section 322.34(3)(a), Florida Statutes, implicitly requires

Wood v. State

717 So. 2d 617, 1998 WL 646570

District Court of Appeal of Florida | Filed: Sep 23, 1998 | Docket: 1456976

Cited 2 times | Published

while his license was revoked, in violation of section 322.34(2)(a), Florida Statutes (1995). He filed a

Jones v. State

721 So. 2d 320, 1998 WL 567677

District Court of Appeal of Florida | Filed: Sep 9, 1998 | Docket: 2534147

Cited 2 times | Published

while her license was suspended in violation of section 322.34(1)(c), Florida Statutes (1995). The conviction

State v. Crossno

713 So. 2d 1093, 1998 WL 396225

District Court of Appeal of Florida | Filed: Jul 17, 1998 | Docket: 329074

Cited 2 times | Published

challenges the trial court's determination that section 322.34, Florida Statutes (1995), is unconstitutional

State v. Pugh

635 So. 2d 999, 1994 WL 141237

District Court of Appeal of Florida | Filed: Apr 20, 1994 | Docket: 1705503

Cited 2 times | Published

Driving with a suspended license is a misdemeanor. § 322.34, Fla. Stat. (1991). It is not a minor or technical

Nealy v. State

400 So. 2d 95

District Court of Appeal of Florida | Filed: Jun 9, 1981 | Docket: 1263441

Cited 2 times | Published

order appealed is hereby Reversed. NOTES [1] § 322.34 Fla. Stat. (1979). [2] § 893.03(2)(a)(4) Fla

Junior v. LaCroix

263 So. 3d 159

District Court of Appeal of Florida | Filed: Dec 27, 2018 | Docket: 64702736

Cited 1 times | Published

offender, a third degree felony pursuant to section 322.34(5) of the Florida Statutes. LaCroix was out

John Eugene Williams, III v. State of Florida

244 So. 3d 356

District Court of Appeal of Florida | Filed: Apr 18, 2018 | Docket: 6366189

Cited 1 times | Published

consolidated cases his convictions for violating section 322.34(2)(b), Florida Statutes (2016), which makes

McCullough v. State

230 So. 3d 586

District Court of Appeal of Florida | Filed: Nov 8, 2017 | Docket: 6219430

Cited 1 times | Published

621 So.2d 729, 732 (Fla. 5th DCA 1993) (quoting § 322.34(3), Fla. Stat. (1991)), approved, 634 So.2d 1074

Burgess v. State

198 So. 3d 1151, 2016 Fla. App. LEXIS 13279, 2016 WL 4607547

District Court of Appeal of Florida | Filed: Sep 2, 2016 | Docket: 4418859

Cited 1 times | Published

challenges his conviction and sentence for violating section 322.34(5), Florida Statutes (2012), which makes it

Prater v. State

161 So. 3d 489, 2014 WL 2968842, 2014 Fla. App. LEXIS 10239

District Court of Appeal of Florida | Filed: Jul 3, 2014 | Docket: 60247176

Cited 1 times | Published

revoked, canceled, or disqualified were met. See § 322.34, Fla. Stat. (2010). License suspension, knowledge

State v. Aiden

118 So. 3d 264, 2013 WL 3814960, 2013 Fla. App. LEXIS 11612

District Court of Appeal of Florida | Filed: Jul 24, 2013 | Docket: 60233144

Cited 1 times | Published

a habitual traffic offender in violation of Section 322.34(5), Florida Statutes (2010).1 He testified

Neary v. State

63 So. 3d 897, 2011 Fla. App. LEXIS 8977, 2011 WL 2415776

District Court of Appeal of Florida | Filed: Jun 17, 2011 | Docket: 2364834

Cited 1 times | Published

as a habitual traffic offender pursuant to section 322.34(5), Florida Statutes, for driving with a revoked

Wyrick v. State

50 So. 3d 674, 2010 Fla. App. LEXIS 18343, 2010 WL 4903622

District Court of Appeal of Florida | Filed: Dec 3, 2010 | Docket: 2228888

Cited 1 times | Published

then that person is designated as an HTO. Section 322.34(5), Florida Statutes, in turn, makes it a third-degree

Mattingly v. State

41 So. 3d 1020, 2010 Fla. App. LEXIS 11434, 2010 WL 3056604

District Court of Appeal of Florida | Filed: Aug 6, 2010 | Docket: 486772

Cited 1 times | Published

a motor vehicle on the highways of the state. § 322.34(2), Fla. Stat. (2009). "Highway" is defined under

Johnson v. State

32 So. 3d 728, 2010 Fla. App. LEXIS 4868, 2010 WL 1444899

District Court of Appeal of Florida | Filed: Apr 13, 2010 | Docket: 279631

Cited 1 times | Published

convicted of violating section 322.34(2), Florida Statutes (2006). Section 322.34(2) expressly states that

State v. Cantu

17 So. 3d 1284, 2009 Fla. App. LEXIS 14706, 2009 WL 3151353

District Court of Appeal of Florida | Filed: Oct 2, 2009 | Docket: 2565447

Cited 1 times | Published

trial court dismissed the information because section 322.34(10), Florida Statutes (2008), makes the offense

Bruce v. State

993 So. 2d 155, 2008 WL 4722502

District Court of Appeal of Florida | Filed: Oct 29, 2008 | Docket: 133712

Cited 1 times | Published

for a third time, a third-degree felony under section 322.34(2)(c), Florida Statutes (2006). We reverse

Paul v. State

991 So. 2d 404, 2008 WL 4276328

District Court of Appeal of Florida | Filed: Sep 19, 2008 | Docket: 1725302

Cited 1 times | Published

WHATLEY, J., Concurs in result only. NOTES [1] See § 322.34(5), Fla. Stat. (2003).

Revell v. State

989 So. 2d 751, 2008 WL 4181143

District Court of Appeal of Florida | Filed: Sep 12, 2008 | Docket: 2580623

Cited 1 times | Published

habitual offender, a third-degree felony. See § 322.34(5), Fla. Stat. (2003). Because Revell had two

McKnight v. State

972 So. 2d 247, 2007 WL 4561576

District Court of Appeal of Florida | Filed: Dec 31, 2007 | Docket: 1650803

Cited 1 times | Published

his Miranda rights, and seized the vehicle. See § 322.34(5), Fla. Stat. (2006) (designating a third-degree

Cobb v. State

971 So. 2d 864, 2007 WL 3408313

District Court of Appeal of Florida | Filed: Nov 16, 2007 | Docket: 1446547

Cited 1 times | Published

as "conviction" under the 1997 provisions of section 322.34(2), Florida Statutes (1997). Huss v. State

DEPARTMENT OF HIGHWAY SAFETY v. Rife

950 So. 2d 1288, 2007 WL 858626

District Court of Appeal of Florida | Filed: Mar 23, 2007 | Docket: 1501298

Cited 1 times | Published

193(2)(b)1., Fla. Stat. (2005)(emphasis added). [2] Section 322.34(9)(a) of the Florida Statutes provides: 322

Arino v. State

944 So. 2d 1120, 2006 WL 3452529

District Court of Appeal of Florida | Filed: Dec 1, 2006 | Docket: 1156045

Cited 1 times | Published

habitual traffic offender, in violation of section 322.34(5), Florida Statutes (2003). Appellant contends

Smokes v. State

940 So. 2d 607, 2006 WL 3077735

District Court of Appeal of Florida | Filed: Nov 1, 2006 | Docket: 1525730

Cited 1 times | Published

a habitual traffic offender in violation of section 322.34(5), Florida Statutes. The only issues he raises

Weathers v. State

937 So. 2d 1132, 2006 WL 2265523

District Court of Appeal of Florida | Filed: Aug 9, 2006 | Docket: 1513161

Cited 1 times | Published

revoked as a habitual offender, pursuant to section 322.34(5), Florida Statutes. Weathers contends that

Gorman v. State

927 So. 2d 1043, 2006 WL 1234925

District Court of Appeal of Florida | Filed: May 10, 2006 | Docket: 1410579

Cited 1 times | Published

Laws of Florida, which was later codified as section 322.34(6)(b), Florida Statutes. He pleaded no contest

Gorman v. State

927 So. 2d 1043, 2006 WL 1234925

District Court of Appeal of Florida | Filed: May 10, 2006 | Docket: 1410579

Cited 1 times | Published

Laws of Florida, which was later codified as section 322.34(6)(b), Florida Statutes. He pleaded no contest

STATE, DEPT. OF HIGHWAY SAFETY v. Tarman

917 So. 2d 899, 2005 WL 2656116

District Court of Appeal of Florida | Filed: Oct 19, 2005 | Docket: 1509518

Cited 1 times | Published

of merit. Reversed and remanded. NOTES [1] Section 322.34(9)(a), Florida Statutes (2004), provides that

State v. Williams

873 So. 2d 602, 2004 WL 1175241

District Court of Appeal of Florida | Filed: May 28, 2004 | Docket: 1732988

Cited 1 times | Published

NOTES [1] § 893.03(2)(a)4., Fla. Stat. [2] § 322.34(2)(a), Fla. Stat.

Bryan v. State

862 So. 2d 822, 2003 WL 22867618

District Court of Appeal of Florida | Filed: Dec 5, 2003 | Docket: 1762571

Cited 1 times | Published

suspended or revoked ("DWLSR"), a violation of section 322.34(2)(c), Florida Statutes (1999). The state charged

State v. Miller

830 So. 2d 214, 2002 WL 31487260

District Court of Appeal of Florida | Filed: Nov 8, 2002 | Docket: 1516840

Cited 1 times | Published

for DWLS.) The statute involved in Fields, section 322.34(5), provides that "[a]ny person whose driver's

McCormick v. State

826 So. 2d 476, 2002 WL 31094751

District Court of Appeal of Florida | Filed: Sep 20, 2002 | Docket: 477090

Cited 1 times | Published

NOTES [1] § 322.341, Fla. Stat. (2001). [2] § 322.34(5), Fla. Stat. (2001). [3] § 843.02, Fla. Stat

Webb v. State

816 So. 2d 1190, 2002 WL 1021559

District Court of Appeal of Florida | Filed: May 22, 2002 | Docket: 1753560

Cited 1 times | Published

with a revoked license. One charge was under section 322.34(5), Florida Statutes (2000), which provides:

McManama v. State

816 So. 2d 781, 2002 WL 940168

District Court of Appeal of Florida | Filed: May 10, 2002 | Docket: 1557597

Cited 1 times | Published

classified either as a misdemeanor or as a felony. § 322.34(2)(a)(c), Fla. Stat. (2000). The classification

Roedel v. State

773 So. 2d 1280, 2000 Fla. App. LEXIS 16930, 2000 WL 1878947

District Court of Appeal of Florida | Filed: Dec 29, 2000 | Docket: 64802613

Cited 1 times | Published

violate this provision. See § 322.39, Fla. Stat. Section 322.34(2) provides: Any person whose driver’s license

Janos v. State

763 So. 2d 1094, 1999 WL 1191480

District Court of Appeal of Florida | Filed: Dec 15, 1999 | Docket: 1278166

Cited 1 times | Published

DWLS because of two prior DWLS convictions. See § 322.34(2)(c), Fla. Stat. (1997). At the time petitioner

Santiago v. State

731 So. 2d 787, 1999 WL 219317

District Court of Appeal of Florida | Filed: Apr 16, 1999 | Docket: 1733700

Cited 1 times | Published

discussion: Mr. Santiago contends that, under section 322.34, Florida Statutes, he should have been convicted

Waites v. State

702 So. 2d 1373, 1997 WL 795664

District Court of Appeal of Florida | Filed: Dec 31, 1997 | Docket: 460351

Cited 1 times | Published

death of another human being in violation of Section 322.34(3)(a), Florida Statutes. In addition, he appeals

Pilla v. SCH. BD. OF DADE CTY. FLA.

655 So. 2d 1312, 1995 WL 353511

District Court of Appeal of Florida | Filed: Jun 14, 1995 | Docket: 1696949

Cited 1 times | Published

suspended or revoked license in violation of section 322.34, Florida Statutes. He was sentenced to 30 days

Ferris v. State

558 So. 2d 179, 1990 WL 27955

District Court of Appeal of Florida | Filed: Mar 16, 1990 | Docket: 1405771

Cited 1 times | Published

license was suspended or revoked in violation of section 322.34, Florida Statutes (1987). Those offenses occurred

Robinson v. State of Florida

District Court of Appeal of Florida | Filed: Apr 23, 2025 | Docket: 69929802

Published

driving while license suspended or revoked. See § 322.34(2)(b)1, Fla. Stat. (2023). We affirm without prejudice

Joseph Michael Howard v. the State of Florida

District Court of Appeal of Florida | Filed: Apr 2, 2025 | Docket: 69833931

Published

LOBREE, JJ. PER CURIAM. Affirmed. See § 322.34(2)(a)–(c), Fla. Stat. (2022) (providing that “[a]ny

Malik Sands v. Sherea Green, Etc.

District Court of Appeal of Florida | Filed: Dec 12, 2024 | Docket: 69461088

Published

driver’s license with death, in violation of section 322.34(6), Florida Statutes (2023). After determining

Onelia Elza Ramirez v. The State of Florida

District Court of Appeal of Florida | Filed: May 1, 2024 | Docket: 68253317

Published

was insufficient to rebut the presumption. See § 322.34(2), Fla. Stat. (“The element of knowledge is

KENNETH JEROME GODWIN, JR. v. STATE OF FLORIDA

District Court of Appeal of Florida | Filed: Nov 16, 2022 | Docket: 65757920

Published

offender, a third-degree felony in violation of section 322.34(5), Florida Statutes (2016). However,

WILLIE TERRY ROBINSON v. STATE OF FLORIDA

District Court of Appeal of Florida | Filed: Sep 14, 2022 | Docket: 65346513

Published

License Suspended with Knowledge, pursuant to section 322.34(2)(a), Florida Statutes (2021). The case proceeded

Robert Velazco v. State of Florida

Supreme Court of Florida | Filed: Jun 30, 2022 | Docket: 63560766

Published

that driving with a suspended license under section 322.34(2), Florida Statutes (2009), and unlawful

Henry Lee Robinson v. State of Florida

Supreme Court of Florida | Filed: Nov 18, 2021 | Docket: 61531983

Published

Robinson, the district court held that under section 322.34(5), Florida Statutes (2016), a conviction for

REKEY DAVIES BELL v. STATE OF FLORIDA

District Court of Appeal of Florida | Filed: Nov 10, 2021 | Docket: 60858348

Published

driving with license suspended in violation of section 322.34(2)(a), Florida Statutes (2019). Affirmed

STATE OF FLORIDA v. BRYANT MOSS

District Court of Appeal of Florida | Filed: Sep 15, 2021 | Docket: 60385579

Published

prior DWLS offenses, the State contended that section 322.34(2)(b)2., Florida Statutes (2019), required

STATE OF FLORIDA v. JESSIE LEBRUN

District Court of Appeal of Florida | Filed: Sep 15, 2021 | Docket: 60385577

Published

while license suspended (“DWLS”) pursuant to section 322.34(2)(b)2., Florida Statutes (2020). The trial

STATE OF FLORIDA v. DONALD ROBIN WILLIAMS

District Court of Appeal of Florida | Filed: Sep 15, 2021 | Docket: 60385578

Published

mandatory ten-day jail sentence required under section 322.34(2)(b)2., Florida Statutes (2020). For the reasons

STATE OF FLORIDA v. NELSON MIRANDA

District Court of Appeal of Florida | Filed: Sep 15, 2021 | Docket: 60385576

Published

mandatory ten-day jail sentence required under section 322.34(2)(b)2., Florida Statutes (2020). For the reasons

LESOMER S. FRANKLIN v. STATE OF FLORIDA

District Court of Appeal of Florida | Filed: Jun 2, 2021 | Docket: 59954654

Published

offender, a third-degree felony offense under section 322.34, Florida Statues (2016). Franklin raises three

State of Florida v. Elizabeth Francis Marsh a/k/a Elizabeth Frances Marsh

Supreme Court of Florida | Filed: Dec 10, 2020 | Docket: 18730866

Published

084. § 316.193, Fla. Stat. (2014). 3. Section 322.34(6), Florida Statutes (2014), provides:

Leon F. Harrigan v. Ernesto Rodriguez

Court of Appeals for the Eleventh Circuit | Filed: Oct 13, 2020 | Docket: 18531225

Published

a suspended license, in violation of Fla Stat. § 322.34(2)(a); (5) resisting an officer without violence

STEVEN J. WOODBURY v. STATE OF FLORIDA

District Court of Appeal of Florida | Filed: Sep 4, 2020 | Docket: 18411935

Published

suspended, or revoked (DWLS) pursuant to section 322.34(2)(c), Florida Statutes (2017), and leaving

SHIRLEY COTO v. STATE OF FLORIDA

District Court of Appeal of Florida | Filed: May 20, 2020 | Docket: 17178716

Published

causing death or serious bodily injury under section 322.34(6), Florida Statutes (2015). She alleges that

ODELL BROWN v. STATE OF FLORIDA

District Court of Appeal of Florida | Filed: Jan 22, 2020 | Docket: 16738437

Published

“DRIVING WHILE LICENSE SUSPENDED OR REVOKED” under section 322.34(5), again noting that the defendant’s license

Taylor v. State

267 So. 3d 1088

District Court of Appeal of Florida | Filed: Apr 5, 2019 | Docket: 64710115

Published

at 798 (holding that dual prosecutions under section 322.34(2) and 322.34(5) are statutorily and constitutionally

Taylor v. State

267 So. 3d 1088

District Court of Appeal of Florida | Filed: Apr 5, 2019 | Docket: 64710116

Published

at 798 (holding that dual prosecutions under section 322.34(2) and 322.34(5) are statutorily and constitutionally

BRIAN ALEXANDER FUNDERBURK v. STATE OF FLORIDA

264 So. 3d 980

District Court of Appeal of Florida | Filed: Feb 20, 2019 | Docket: 14560242

Published

“DRIVING WHILE LICENSE SUSPENDED OR REVOKED” under section 322.34(5), again noting that appellant’s license was

Daniel Junior, Etc. v. James Lacroix

District Court of Appeal of Florida | Filed: Dec 27, 2018 | Docket: 8455273

Published

offender, a third degree felony pursuant to section 322.34(5) of the Florida Statutes. LaCroix was out

Junior v. LaCroix

263 So. 3d 159

District Court of Appeal of Florida | Filed: Dec 27, 2018 | Docket: 64702737

Published

offender, a third degree felony pursuant to section 322.34(5) of the Florida Statutes. LaCroix was out

Willie Floyd v. State of Florida

259 So. 3d 937

District Court of Appeal of Florida | Filed: Nov 20, 2018 | Docket: 8213951

Published

revoked. The State charged Floyd with violating section 322.34(5), which provides that “[a]ny person whose

THOMAS G. CURRY v. STATE OF FLORIDA

257 So. 3d 1076

District Court of Appeal of Florida | Filed: Oct 31, 2018 | Docket: 8109840

Published

license revoked as a habitual traffic offender. § 322.34(5), Fla. Stat. (2004). His motion relied on a

Scott v. State

255 So. 3d 915

District Court of Appeal of Florida | Filed: May 31, 2018 | Docket: 64689563

Published

instructions to vacate Appellant's convictions under section 322.34(2)(b), Florida Statutes (2016), and adjudicate

William Larry Scott v. State of Florida

District Court of Appeal of Florida | Filed: May 31, 2018 | Docket: 6979313

Published

instructions to vacate Appellant’s convictions under section 322.34(2)(b), Florida Statutes (2016), and adjudicate

SHAWN E. MYERS v. STATE OF FLORIDA

247 So. 3d 78

District Court of Appeal of Florida | Filed: May 16, 2018 | Docket: 6716276

Published

Myers was charged with a violation of section 322.34(5), Florida Statutes (2012), which makes it

State v. Pena

247 So. 3d 61

District Court of Appeal of Florida | Filed: May 9, 2018 | Docket: 6525134

Published

driving while license suspended, in violation of § 322.34(2), Florida Statutes. Officer Sanabria

Marsh v. State

253 So. 3d 674

District Court of Appeal of Florida | Filed: Apr 6, 2018 | Docket: 64687309

Published

not enhanced for causing death as provided in section 322.34(3), Florida Statutes (1991). Cooper, 634 So

ELIZABETH FRANCES MARSH v. STATE OF FLORIDA

District Court of Appeal of Florida | Filed: Apr 6, 2018 | Docket: 6356573

Published

not enhanced for causing death as provided in section 322.34(3), Florida Statutes (1991). Cooper, 634 So

In Re: Standard Jury Instructions in Criminal Cases - Report 2017-04

Supreme Court of Florida | Filed: Nov 30, 2017 | Docket: 6233352

Published

CANCELED WITH KNOWLEDGE § 322.34(2), Fla. Stat. To prove the crime of Driving

State of Florida v. Daryl Miller

227 So. 3d 562, 2017 WL 4296307

Supreme Court of Florida | Filed: Sep 28, 2017 | Docket: 6159896

Published

2014, Daryl Miller was charged with violating section 322.34(5), Florida Statutes (2017), which provides

Alphonso Finney v. State of Florida

219 So. 3d 254, 2017 WL 2211427, 2017 Fla. App. LEXIS 7238

District Court of Appeal of Florida | Filed: May 19, 2017 | Docket: 6067452

Published

amended information charging him with violating section 322.34(2)(c), Florida Statutes (2015). Finney contends

David Gee, Sheriff of Hillsborough County v. Grantland

203 So. 3d 992

District Court of Appeal of Florida | Filed: Nov 9, 2016 | Docket: 4486976

Published

driving on a suspended license in violation of section 322.34(1), Florida Statutes (2014). The two passengers

Trainer v. State

203 So. 3d 191, 2016 Fla. App. LEXIS 15962

District Court of Appeal of Florida | Filed: Oct 26, 2016 | Docket: 60257401

Published

suspended or revoked license in violation of section 322.34(2)(c), Florida Statutes (2014) (Count I), and

Balas v. State

210 So. 3d 104, 2016 Fla. App. LEXIS 13524

District Court of Appeal of Florida | Filed: Sep 9, 2016 | Docket: 4422985

Published

his driver’s license was revoked. See § 322.34(6)(b), Fla. Stat. (2010). The trial court sentenced

Pitts v. State

199 So. 3d 1106, 2016 Fla. App. LEXIS 13418, 2016 WL 4701465

District Court of Appeal of Florida | Filed: Sep 7, 2016 | Docket: 4419697

Published

suspended, revoked, canceled, or disqualified,” § 322.34(5), Fla. Stat. (2014), notwithstanding the fact

Burgess v. State

District Court of Appeal of Florida | Filed: Jul 6, 2016 | Docket: 4108987

Published

his conviction and sentence for violating section 322.34(5), Florida Statutes (2012), which makes it

State v. Miller

193 So. 3d 1001, 2016 Fla. App. LEXIS 8290, 2016 WL 3066474

District Court of Appeal of Florida | Filed: Jun 1, 2016 | Docket: 3068914

Published

Daryl Miller' was charged with violating section 322.34(5) of the Florida Statutes titled “[d]riving

Hector Colon v. State of Florida

199 So. 3d 960, 2016 Fla. App. LEXIS 8334, 2016 WL 3065685

District Court of Appeal of Florida | Filed: Jun 1, 2016 | Docket: 3071364

Published

11-1374 Felony Driving with a Suspended License; § 322.34(2)(c); Third Degree Felony; 5 year max. Sentence:

State v. Charles Seward

188 So. 3d 927, 2016 WL 1385886, 2016 Fla. App. LEXIS 5430

District Court of Appeal of Florida | Filed: Apr 8, 2016 | Docket: 3054134

Published

a habitual traffic offender in violation of section 322.34(5), Florida Statutes (2014). He subsequently

Tosado v. State

175 So. 3d 935, 2015 Fla. App. LEXIS 14988, 2015 WL 5883717

District Court of Appeal of Florida | Filed: Oct 9, 2015 | Docket: 60250694

Published

driving with a suspended license in violation of section 322.34(2)(a), Florida Statutes (2013), and driving

Wilson v. State

168 So. 3d 345, 2015 Fla. App. LEXIS 10675, 2015 WL 4231632

District Court of Appeal of Florida | Filed: Jul 14, 2015 | Docket: 60248655

Published

convictions for the same offense in violation of section 322.34(2)(c), Florida Statutes (2012). He was sentenced

Steven Johnson, Jr. v. State of Florida

168 So. 3d 349

District Court of Appeal of Florida | Filed: Jul 14, 2015 | Docket: 2673974

Published

(habitual offender revocation), a violation of section 322.34(5), Florida Statutes (2013), in exchange for

Joe Eddie Wilson v. State of Florida

District Court of Appeal of Florida | Filed: Jul 13, 2015 | Docket: 2673602

Published

convictions for the same offense in violation of section 322.34(2)(c), Florida Statutes (2012). He was sentenced

Antarus Manche Jackson v. State of Florida

166 So. 3d 195

District Court of Appeal of Florida | Filed: Jun 10, 2015 | Docket: 2663948

Published

habitual traffic offender statute. See § 322.34(5), Fla. Stat. (2014). On appeal he argues that

United States v. Davis

65 F. Supp. 3d 1352, 2014 U.S. Dist. LEXIS 167335, 2014 WL 6826918

District Court, M.D. Florida | Filed: Dec 3, 2014 | Docket: 64298894

Published

can-celled or disqualified in violation of Fla. Stat. § 322.34(2). (Doc. 23 p. 4). The Government also contends

Melvin v. State

141 So. 3d 592, 2014 WL 2100722, 2014 Fla. App. LEXIS 7636

District Court of Appeal of Florida | Filed: May 21, 2014 | Docket: 60241956

Published

(Fla. 2d DCA 2000) (in DWLSR prosecution under section 322.34, actual physical control is an element of the

Gribble v. State

120 So. 3d 153, 2013 WL 4436608, 2013 Fla. App. LEXIS 13047

District Court of Appeal of Florida | Filed: Aug 21, 2013 | Docket: 60233925

Published

sentence of ten years on the driving charge. See § 322.34(5), Fla. Stat. (2007). He alleges that he rejected

State v. Cooper

118 So. 3d 270, 2013 WL 3815620, 2013 Fla. App. LEXIS 11617

District Court of Appeal of Florida | Filed: Jul 24, 2013 | Docket: 60233153

Published

264, Florida Statutes (2012), in violation of section 322.34(5), Florida Statutes (2012), a third degree

State v. Gomez

103 So. 3d 258, 2012 Fla. App. LEXIS 21680, 2012 WL 6603080

District Court of Appeal of Florida | Filed: Dec 19, 2012 | Docket: 60227058

Published

a habitual traffic offender in violation of section 322.34(5), Florida Statutes (2011), a third degree

Brock v. Department of Management Services

98 So. 3d 771, 2012 Fla. App. LEXIS 18097, 2012 WL 4897046

District Court of Appeal of Florida | Filed: Oct 17, 2012 | Docket: 60312569

Published

1086 (Fla. 4th DCA 1998) (“a conviction under section 322.34 [, Florida Statutes (1995),] occurs after a

Cantlon v. State

98 So. 3d 719, 2012 WL 4748087, 2012 Fla. App. LEXIS 16843

District Court of Appeal of Florida | Filed: Oct 5, 2012 | Docket: 60312537

Published

driving while his license was suspended under section 322.34, Florida Statutes (2007). That conviction is

State v. Wooden

92 So. 3d 886, 2012 WL 2849648, 2012 Fla. App. LEXIS 11111

District Court of Appeal of Florida | Filed: Jul 11, 2012 | Docket: 60310375

Published

unlawful driving as a habitual offender under section 322.34(5), Florida Statutes (2011).1 That offense

State v. Gil

68 So. 3d 999, 2011 Fla. App. LEXIS 14136, 2011 WL 3903157

District Court of Appeal of Florida | Filed: Sep 7, 2011 | Docket: 60302416

Published

as a habitual traffic offender pursuant to section 322.34(5), Florida Statutes (2009), based on double

Simon v. State

82 So. 3d 955, 2011 Fla. App. LEXIS 12311, 2011 WL 3366348

District Court of Appeal of Florida | Filed: Aug 5, 2011 | Docket: 60306306

Published

that was suspended, revoked, or cancelled. See § 322.34, Fla. Stat. (2008). The trial court correctly

Johnson v. State

62 So. 3d 1169, 2011 Fla. App. LEXIS 8070, 2011 WL 2135635

District Court of Appeal of Florida | Filed: Jun 1, 2011 | Docket: 2363128

Published

tribunal case no. 2005CF015334AXX for violating section 322.34(5), Florida Statutes (2005) (driving while

Dees v. State

54 So. 3d 644, 2011 Fla. App. LEXIS 2680, 2011 WL 715009

District Court of Appeal of Florida | Filed: Mar 2, 2011 | Docket: 60298365

Published

habitual traffic offender, in violation of section 322.34(5), Florida Statutes (2009) (Count I); driving

Faircloth v. State

50 So. 3d 788, 2010 Fla. App. LEXIS 20220, 2010 WL 5381926

District Court of Appeal of Florida | Filed: Dec 29, 2010 | Docket: 60297356

Published

crime of driving while license suspended. See § 322.34(2), Fla. Stat. (2007) (providing that a person

Anderson v. State

48 So. 3d 1015, 2010 Fla. App. LEXIS 18337, 2010 WL 4903616

District Court of Appeal of Florida | Filed: Dec 3, 2010 | Docket: 2400333

Published

license was suspended or revoked contrary to section 322.34(2), Florida Statutes (2009). The only disputed

Kirkland v. State

41 So. 3d 1048, 2010 Fla. App. LEXIS 11707, 2010 WL 3120223

District Court of Appeal of Florida | Filed: Aug 10, 2010 | Docket: 1238316

Published

Crystal Riley and/or Cynthia Riley, contrary to Section 322.34(6)(a), Florida Statutes." (emphasis added)

Raleigh v. State

46 So. 3d 1018, 2010 Fla. App. LEXIS 11260, 2010 WL 3023278

District Court of Appeal of Florida | Filed: Aug 4, 2010 | Docket: 60296101

Published

the driver is a habitual traffic offender. See § 322.34(2), (5), Fla. Stat. (2008). Raleigh is charged

Robinson v. State

41 So. 3d 959, 2010 Fla. App. LEXIS 10681, 2010 WL 2867951

District Court of Appeal of Florida | Filed: Jul 23, 2010 | Docket: 1238186

Published

a habitual driving offense for purposes of section 322.34, Florida Statutes (2007), he was not orally

Law v. State

40 So. 3d 857, 2010 Fla. App. LEXIS 10334, 2010 WL 2882496

District Court of Appeal of Florida | Filed: Jul 14, 2010 | Docket: 1667011

Published

for driving while license revoked pursuant to section 322.34(5), Florida Statutes, and DUI impairment. We

Bullard v. State

32 So. 3d 177, 2010 Fla. App. LEXIS 4288, 2010 WL 1233499

District Court of Appeal of Florida | Filed: Apr 1, 2010 | Docket: 1428630

Published

a habitual traffic offender in violation of section 322.34(5), Florida Statutes (2008). Bullard pled nolo

Vaughan v. State

29 So. 3d 423, 2010 Fla. App. LEXIS 2866, 2010 WL 742604

District Court of Appeal of Florida | Filed: Mar 5, 2010 | Docket: 1135374

Published

driving while license suspended, a violation of section 322.34(2)(c), Florida Statutes (2008). That statute

LANGLAIS v. State

24 So. 3d 766, 2009 Fla. App. LEXIS 20405, 2009 WL 5126366

District Court of Appeal of Florida | Filed: Dec 30, 2009 | Docket: 1152391

Published

License Suspended, a violation of Florida Statutes § 322.34(2)(b), a first degree misdemeanor. We reverse

In Re Forfeiture of 2006 Chrysler 4-Door

9 So. 3d 709, 2009 Fla. App. LEXIS 3253, 2009 WL 1025768

District Court of Appeal of Florida | Filed: Apr 17, 2009 | Docket: 1667494

Published

violation of the Act. See §§ 932.701-.707 and § 322.34(9), Fla. Stat. (2006). The latter statute provides

Sanders v. State

992 So. 2d 290, 2008 Fla. App. LEXIS 14203, 2008 WL 4224489

District Court of Appeal of Florida | Filed: Sep 17, 2008 | Docket: 64855775

Published

WELLS, Judge. Affirmed. See § 322.34(5), Fla. Stat. (2007); Warren v. State, 856 So.2d 1095, 1096 (Fla

State v. Alhindi

971 So. 2d 222, 2008 WL 34816

District Court of Appeal of Florida | Filed: Jan 2, 2008 | Docket: 1445885

Published

revoked as a habitual offender, in violation of section 322.34(5), Florida Statutes. Alhindi's attorney discovered

State v. MANCHADO

968 So. 2d 115, 2007 WL 4125796

District Court of Appeal of Florida | Filed: Nov 21, 2007 | Docket: 1745323

Published

revoked as a habitual offender in violation of section 322.34(5), Florida Statutes. The charge arose when

Zarba v. State

993 So. 2d 1000, 2007 WL 3400308

District Court of Appeal of Florida | Filed: Nov 16, 2007 | Docket: 1515975

Published

(habitual traffic offender), a third-degree felony. § 322.34(5), Fla. Stat. (2006). Mr. Zarba reserved the

Morris v. State

958 So. 2d 598, 2007 Fla. App. LEXIS 9994, 2007 WL 1827286

District Court of Appeal of Florida | Filed: Jun 27, 2007 | Docket: 64851058

Published

with driving while under the influence; and section 322.34, Florida Statutes, deals with driving while

Bass v. State

958 So. 2d 454, 2007 Fla. App. LEXIS 6788, 2007 WL 1296351

District Court of Appeal of Florida | Filed: May 4, 2007 | Docket: 64851012

Published

instructions. NORTHCUTT and LaROSE, JJ., Concur. . § 322.34(3)(a), Fla. Stat. (2004). . § 316.1935(3)(a)

In re Standard Jury Instructions in Criminal Cases (No. 2005-6)

958 So. 2d 361, 32 Fla. L. Weekly Supp. 183, 2007 Fla. LEXIS 771, 2007 WL 1287506

Supreme Court of Florida | Filed: May 3, 2007 | Docket: 64850999

Published

SUSPENDED, REVOKED OR CANCELED-LICENSE, WITH KNOWLEDGE § 322.34(2), Fla. Stat. To prove the crime of Driving wWhile

Monzon v. State

948 So. 2d 812, 2007 Fla. App. LEXIS 90, 2007 WL 28260

District Court of Appeal of Florida | Filed: Jan 5, 2007 | Docket: 64849106

Published

driving without a license resulting in death. See § 322.34(6)(a), Fla. Stat. (2005). The legislature has

Duff v. State

942 So. 2d 926, 2006 Fla. App. LEXIS 18739, 2006 WL 3228578

District Court of Appeal of Florida | Filed: Nov 9, 2006 | Docket: 64848013

Published

a habitual traffic offender in violation of section 322.34(5), Florida Statutes (2005). He argues that

Marrero v. State

921 So. 2d 748, 2006 Fla. App. LEXIS 1998, 2006 WL 358233

District Court of Appeal of Florida | Filed: Feb 17, 2006 | Docket: 64842513

Published

suspended as a habitual offender in violation of section 322.34(5), Florida Statutes (2004). Marrero admits

Shiver v. State

920 So. 2d 112, 2006 Fla. App. LEXIS 646, 2006 WL 162770

District Court of Appeal of Florida | Filed: Jan 24, 2006 | Docket: 64842138

Published

driving while license suspended or revoked under section 322.34(2)(b), Florida Statutes (2001). However, appellant

Bryan v. State

908 So. 2d 584, 2005 Fla. App. LEXIS 12535, 2005 WL 1922785

District Court of Appeal of Florida | Filed: Aug 12, 2005 | Docket: 64839820

Published

canceled, suspended, or revoked pursuant to section 322.34(2)(a), Florida Statutes (1999). REVERSED and

Marvin v. State

907 So. 2d 687, 2005 Fla. App. LEXIS 11849, 2005 WL 1788890

District Court of Appeal of Florida | Filed: Jul 29, 2005 | Docket: 64839697

Published

license suspended or revoked, in violation of section 322.34(2)(c), Florida Statutes. Because at least one

Baker v. State

905 So. 2d 961, 2005 Fla. App. LEXIS 9745, 2005 WL 1467586

District Court of Appeal of Florida | Filed: Jun 23, 2005 | Docket: 64839451

Published

driving while license was suspended. Under section 322.34(2), Florida Statutes (2002), an individual

Allen v. City of St. Petersburg

898 So. 2d 223, 2005 Fla. App. LEXIS 3524

District Court of Appeal of Florida | Filed: Mar 16, 2005 | Docket: 64837338

Published

license convictions under section 322.34(2), Florida Statutes (2002). See § 322.34(2)(c). The officer seized

Anderson v. State

890 So. 2d 428, 2004 Fla. App. LEXIS 19995, 2004 WL 2996783

District Court of Appeal of Florida | Filed: Dec 29, 2004 | Docket: 64835281

Published

revoked as charged against the appellant is section 322.34(2)(b), Florida Statutes (2001). It also erroneously

Logan v. State

877 So. 2d 952, 2004 Fla. App. LEXIS 11233, 2004 WL 1672363

District Court of Appeal of Florida | Filed: Jul 28, 2004 | Docket: 64831876

Published

Florida Statute section 322.34(2), felony driving while license suspended, and section 322.34(5), habitual

O'Quinn v. State

860 So. 2d 1020, 2003 Fla. App. LEXIS 18443, 2003 WL 22867657

District Court of Appeal of Florida | Filed: Dec 5, 2003 | Docket: 64826739

Published

while license suspended, revoked, or canceled, section 322.34(2)(c), Florida Statutes (2000) (count II).

Nelson v. State

870 So. 2d 57, 2003 Fla. App. LEXIS 16525, 2003 WL 22459081

District Court of Appeal of Florida | Filed: Oct 31, 2003 | Docket: 64829605

Published

revoked charge was a first-degree misdemeanor. § 322.34(l)(b), (2)(a), Fla. Stat. (1995). The record before

Warren v. State

856 So. 2d 1095, 2003 WL 22358483

District Court of Appeal of Florida | Filed: Oct 17, 2003 | Docket: 1298060

Published

revoked license two or more times contrary to section 322.34, Florida Statutes. At the time defendant committed

Lipovsky v. State

854 So. 2d 707, 2003 Fla. App. LEXIS 12214, 2003 WL 21946461

District Court of Appeal of Florida | Filed: Aug 15, 2003 | Docket: 64825149

Published

and causing serious bodily injury pursuant to section 322.34(6)(b), Florida Statutes (2000). Lipovsky argues

Gray v. State

847 So. 2d 1100, 2003 Fla. App. LEXIS 8980, 2003 WL 21396484

District Court of Appeal of Florida | Filed: Jun 18, 2003 | Docket: 64823456

Published

similar crimes with identical punishments. See § 322.34(2)(e), (5), Fla. Stat. (2001). We therefore affirm

Crawley v. State

851 So. 2d 739, 2003 Fla. App. LEXIS 8247, 2003 WL 21274419

District Court of Appeal of Florida | Filed: Jun 4, 2003 | Docket: 64824252

Published

or revoked, third offense, in violation of section 322.34(2)(c), Florida Statutes (1999). Pursuant to

Melvin v. State

837 So. 2d 1172, 2003 Fla. App. LEXIS 2157, 2003 WL 470239

District Court of Appeal of Florida | Filed: Feb 26, 2003 | Docket: 64820893

Published

revoked as a habitual offender, contrary to section 322.34(5), see State v. Craycraft, 817 So.2d 864 (Fla

Quest v. State

837 So. 2d 1106, 2003 Fla. App. LEXIS 1801, 2003 WL 355252

District Court of Appeal of Florida | Filed: Feb 19, 2003 | Docket: 64820868

Published

his license was suspended. We agree. Under section 322.34(2), Florida Statutes (2001), an individual

Brown v. State

830 So. 2d 203, 2002 Fla. App. LEXIS 16150, 2002 WL 31487302

District Court of Appeal of Florida | Filed: Nov 8, 2002 | Docket: 64818946

Published

counsel). . § 893.13(l)(c)l, Fla. Stat. (2001). . § 322.34(2)(c), Fla. Stat. (2001). . The State failed

McMahill v. State

826 So. 2d 525

District Court of Appeal of Florida | Filed: Sep 27, 2002 | Docket: 64817670

Published

Documents. HARRIS and ORFINGER, R.B., JJ., concur. . § 322.34, Fla. Stat. (2001). . §§ 843.02; 943.10, Fla

Hagood v. State

824 So. 2d 252, 2002 Fla. App. LEXIS 11279, 2002 WL 1798733

District Court of Appeal of Florida | Filed: Aug 7, 2002 | Docket: 64817050

Published

a habitual traffic *253offender pursuant to section 322.34(5), Florida Statutes (2000). Hagood, while

Franklin v. State

816 So. 2d 1203, 2002 WL 1021627

District Court of Appeal of Florida | Filed: May 22, 2002 | Docket: 1753562

Published

322.264 [habitual offender], in violation of section 322.34(5), and (2) driving while his license was suspended

State v. Norman

816 So. 2d 259, 2002 Fla. App. LEXIS 6771, 2002 WL 999441

District Court of Appeal of Florida | Filed: May 17, 2002 | Docket: 64815097

Published

driving while license revoked in violation of section 322.34, Florida Statutes (2001), is identical to that

State v. Craycraft

817 So. 2d 864, 2002 WL 529901

District Court of Appeal of Florida | Filed: Apr 10, 2002 | Docket: 1430444

Published

Scott Alan Craycraft was charged with violating section 322.34(5), Florida Statutes (1999)(unlawfully driving

Wilson v. State

812 So. 2d 452, 2002 WL 312535

District Court of Appeal of Florida | Filed: Mar 1, 2002 | Docket: 1716186

Published

[1] § 316.193(3)(c)3., Fla. Stat. (1997). [2] § 322.34(1), Fla. Stat. (1997). [3] § 316.193(3)(c)2.

Garrett v. State

803 So. 2d 801, 2001 Fla. App. LEXIS 17643, 2001 WL 1589632

District Court of Appeal of Florida | Filed: Dec 14, 2001 | Docket: 64811398

Published

without knowing that the license had been suspended. § 322.34, Fla. Stat. (1995). However, the statute under

Payne v. State

801 So. 2d 217, 2001 Fla. App. LEXIS 17070, 2001 WL 1539052

District Court of Appeal of Florida | Filed: Dec 5, 2001 | Docket: 64810620

Published

revoked was pursuant to subsection (1) or (2) of section 322.34, Florida Statutes (1993).

Badger v. State

798 So. 2d 890, 2001 Fla. App. LEXIS 15698, 2001 WL 1359111

District Court of Appeal of Florida | Filed: Nov 7, 2001 | Docket: 64809854

Published

of felony DWLS based on the 1998 version of section 322.34(2), Florida Statutes, which provides in part:

Sapp v. State

800 So. 2d 639, 2001 Fla. App. LEXIS 14640, 2001 WL 1231696

District Court of Appeal of Florida | Filed: Oct 17, 2001 | Docket: 64810373

Published

revoked on two prior occasions, in violation of section 322.34(2)(c), Florida Statutes (1999). Appellant claims

Department of Highway Safety & Motor Vehicles v. Karr

798 So. 2d 8, 2001 Fla. App. LEXIS 13125, 2001 WL 1093038

District Court of Appeal of Florida | Filed: Sep 19, 2001 | Docket: 64809671

Published

operated outside his presence in violation of section 322.34(9), Florida Statutes. Relying upon section

Fudge v. State

791 So. 2d 1186, 2001 Fla. App. LEXIS 10389, 2001 WL 844407

District Court of Appeal of Florida | Filed: Jul 27, 2001 | Docket: 64807581

Published

J., concur. . § 316.027(l)(a), Fla. Stat. . § 322.34(2)(a), Fla. Stat. .§ 316.192, Fla. Stat.

Ago

Florida Attorney General Reports | Filed: May 8, 2001 | Docket: 3255425

Published

has not complied with the court's directives. Section 322.34, Florida Statutes, authorizes the imposition

State v. Clayton

780 So. 2d 243, 2001 Fla. App. LEXIS 1335, 2001 WL 127654

District Court of Appeal of Florida | Filed: Feb 16, 2001 | Docket: 64804336

Published

offender,” indicating that Clayton had violated section 322.34(5), Florida Statutes (1997), a third degree

Vucinich v. State

776 So. 2d 995, 2001 Fla. App. LEXIS 354, 2001 WL 43071

District Court of Appeal of Florida | Filed: Jan 19, 2001 | Docket: 64803355

Published

driving with a suspended license in violation of section 322.34(2) of the Florida Statutes (1999). Based upon

Mickens v. State

773 So. 2d 655, 2000 Fla. App. LEXIS 16670, 2000 WL 1854008

District Court of Appeal of Florida | Filed: Dec 20, 2000 | Docket: 64802448

Published

license revoked (habitual), in violation of section 322.34(5), Florida Statutes, punishable as a third

Pickett v. State

773 So. 2d 1257, 2000 Fla. App. LEXIS 16658, 2000 WL 1854023

District Court of Appeal of Florida | Filed: Dec 20, 2000 | Docket: 64802593

Published

constitutional challenges to his conviction under section 322.34(l)(c), Florida Statutes (1995), which renders

Livingstone v. State

773 So. 2d 103, 2000 Fla. App. LEXIS 15395, 2000 WL 1742467

District Court of Appeal of Florida | Filed: Nov 28, 2000 | Docket: 64802287

Published

driving while license suspended, in violation of section 322.34(2), Florida Statutes (Supp.1998). In accordance

Herring v. State

773 So. 2d 103, 2000 Fla. App. LEXIS 15396, 25 Fla. L. Weekly Fed. D 2740

District Court of Appeal of Florida | Filed: Nov 28, 2000 | Docket: 64802286

Published

driving while license suspended, in violation of section 322.34(2), Florida Statutes (Supp.1998). In accordance

State v. T.T.

773 So. 2d 586, 2000 Fla. App. LEXIS 15408, 2000 WL 1741679

District Court of Appeal of Florida | Filed: Nov 28, 2000 | Docket: 64802425

Published

(holding that the term “conviction” as used in section 322.34(1), Florida Statutes, contemplates both adjudications

State v. Toussaint

770 So. 2d 268, 2000 Fla. App. LEXIS 13898, 2000 WL 1630188

District Court of Appeal of Florida | Filed: Nov 1, 2000 | Docket: 64801395

Published

charges against Appellee on the grounds that section 322.34(l)(c), Florida Statutes (1995), is unconstitutional

State v. Llorens

770 So. 2d 729, 2000 Fla. App. LEXIS 13899, 2000 WL 1630185

District Court of Appeal of Florida | Filed: Nov 1, 2000 | Docket: 64801543

Published

charges against Appellee on the grounds that section 322.34(l)(c), Florida Statutes (1995), is unconstitutional

State v. Dougherty

770 So. 2d 268, 2000 Fla. App. LEXIS 13900, 2000 WL 1630181

District Court of Appeal of Florida | Filed: Nov 1, 2000 | Docket: 64801394

Published

charges against Appellee on the grounds that section 322.34(l)(c), Florida Statutes (1995), is unconstitutional

State v. Hamphill

770 So. 2d 264, 2000 Fla. App. LEXIS 13950, 2000 WL 1630035

District Court of Appeal of Florida | Filed: Nov 1, 2000 | Docket: 64801386

Published

charges against Appellee on the grounds that section 322.34(l)(c), Florida Statutes (1995), is unconstitutional

State v. Thomas

770 So. 2d 263, 2000 Fla. App. LEXIS 13948, 2000 WL 1630002

District Court of Appeal of Florida | Filed: Nov 1, 2000 | Docket: 64801384

Published

charges against Appellee on the grounds that section 322.34(l)(c), Florida Statutes (1995), is unconstitutional

State v. Little

770 So. 2d 730, 2000 Fla. App. LEXIS 13897, 2000 WL 1630191

District Court of Appeal of Florida | Filed: Nov 1, 2000 | Docket: 64801546

Published

charges against Appellee on the grounds that section 322.34(l)(c), Florida Statutes (1995), is unconstitutional

State v. Cooper

770 So. 2d 727, 2000 Fla. App. LEXIS 13953, 2000 WL 1629993

District Court of Appeal of Florida | Filed: Nov 1, 2000 | Docket: 64801539

Published

charges against Appellee on the grounds that section 322.34(l)(c), Florida Statutes (1995), is unconstitutional

State v. Thompson

770 So. 2d 263, 2000 Fla. App. LEXIS 13954, 2000 WL 1629997

District Court of Appeal of Florida | Filed: Nov 1, 2000 | Docket: 64801383

Published

charges against Appellee on the grounds that section 322.34(l)(c), Florida Statutes (1995), is unconstitutional

State v. Callins

770 So. 2d 264, 2000 Fla. App. LEXIS 13949, 2000 WL 1630019

District Court of Appeal of Florida | Filed: Nov 1, 2000 | Docket: 64801385

Published

charges against Appellee on the grounds that section 322.34(l)(c), Florida Statutes (1995), is unconstitutional

State v. Hartman

770 So. 2d 724, 2000 Fla. App. LEXIS 13901, 2000 WL 1630168

District Court of Appeal of Florida | Filed: Nov 1, 2000 | Docket: 64801536

Published

charges against Appellee on the grounds that section 322.34(l)(c), Florida Statutes (1995), is unconstitutional

State v. Fitzgerald

770 So. 2d 731, 2000 Fla. App. LEXIS 13895, 2000 WL 1630210

District Court of Appeal of Florida | Filed: Nov 1, 2000 | Docket: 64801548

Published

charges against Appellee on the grounds that section 322.34(l)(c), Florida Statutes (1995), is unconstitutional

State v. Bangor

770 So. 2d 727, 2000 Fla. App. LEXIS 13903, 2000 WL 1630170

District Court of Appeal of Florida | Filed: Nov 1, 2000 | Docket: 64801540

Published

charges against Appellee on the grounds that section 322.34(l)(c), Florida Statutes (1995), is unconstitutional

State v. Colon

770 So. 2d 273, 2000 Fla. App. LEXIS 13907, 2000 WL 1630166

District Court of Appeal of Florida | Filed: Nov 1, 2000 | Docket: 64801397

Published

charges against Appellee on the grounds that section 322.34(l)(c), Florida Statutes (1995), is unconstitutional

State v. Rubin

770 So. 2d 730, 2000 Fla. App. LEXIS 13893, 2000 WL 1630213

District Court of Appeal of Florida | Filed: Nov 1, 2000 | Docket: 64801545

Published

charges against Appellee on the grounds that section 322.34(l)(c), Florida Statutes (1995), is unconstitutional

State v. Soat

770 So. 2d 265, 2000 Fla. App. LEXIS 13947, 2000 WL 1630101

District Court of Appeal of Florida | Filed: Nov 1, 2000 | Docket: 64801387

Published

charges against Appellee on the grounds that section 322.34(l)(c), Florida Statutes (1995), is unconstitutional

State v. Moore

770 So. 2d 266, 2000 Fla. App. LEXIS 13943, 2000 WL 1630122

District Court of Appeal of Florida | Filed: Nov 1, 2000 | Docket: 64801390

Published

charges against Appellee on the grounds that section 322.34(l)(c), Florida Statutes (1995), is unconstitutional

State v. Bernoir

770 So. 2d 724, 2000 Fla. App. LEXIS 13906, 2000 WL 1629990

District Court of Appeal of Florida | Filed: Nov 1, 2000 | Docket: 64801537

Published

charges against Appellee on the grounds that section 322.34(l)(c), Florida Statutes (1995), is unconstitutional

State v. Flaum

770 So. 2d 729, 2000 Fla. App. LEXIS 13955, 2000 WL 1630638

District Court of Appeal of Florida | Filed: Nov 1, 2000 | Docket: 64801544

Published

charges against Appellee on the grounds that section 322.34(l)(c), Florida Statutes (1995),- is unconstitutional

State v. Fowler

770 So. 2d 266, 2000 Fla. App. LEXIS 13945, 2000 WL 1630116

District Court of Appeal of Florida | Filed: Nov 1, 2000 | Docket: 64801389

Published

charges against Appellee on the grounds that section 322.34(l)(c), Florida Statutes (1995), is unconstitutional

State v. Shaw

770 So. 2d 267, 2000 Fla. App. LEXIS 13942, 2000 WL 1630133

District Court of Appeal of Florida | Filed: Nov 1, 2000 | Docket: 64801392

Published

charges against Appellee on the grounds that section 322.34(l)(c), Florida Statutes (1995), is unconstitutional

State v. Escobar

770 So. 2d 728, 2000 Fla. App. LEXIS 13905, 2000 WL 1630173

District Court of Appeal of Florida | Filed: Nov 1, 2000 | Docket: 64801541

Published

charges against Appellee on the grounds that section 322.34(l)(c), Florida Statutes (1995), is unconstitutional

State v. Schaeffer

770 So. 2d 728, 2000 Fla. App. LEXIS 13904, 2000 WL 1630175

District Court of Appeal of Florida | Filed: Nov 1, 2000 | Docket: 64801542

Published

charges against Appellee on the grounds that section 322.34(l)(c), Florida Statutes (1995), is unconstitutional

State v. Jackson

770 So. 2d 265, 2000 Fla. App. LEXIS 13946, 2000 WL 1630074

District Court of Appeal of Florida | Filed: Nov 1, 2000 | Docket: 64801388

Published

charges against Appellee on the grounds that section 322.34(l)(c), Florida Statutes (1995), is unconstitutional

State v. Jenkins

770 So. 2d 267, 2000 Fla. App. LEXIS 13941, 2000 WL 1630128

District Court of Appeal of Florida | Filed: Nov 1, 2000 | Docket: 64801391

Published

charges against Appellee on the grounds that section 322.34(l)(c), Florida Statutes (1995), is unconstitutional

State v. Nelson

770 So. 2d 280, 2000 Fla. App. LEXIS 13940, 2000 WL 1630138

District Court of Appeal of Florida | Filed: Nov 1, 2000 | Docket: 64801402

Published

charges against Appellee on the grounds that section 322.34(l)(c), Florida Statutes (1995), is unconstitutional

State v. Linhart

770 So. 2d 262, 2000 Fla. App. LEXIS 13951, 2000 WL 1629999

District Court of Appeal of Florida | Filed: Nov 1, 2000 | Docket: 64801382

Published

charges against Appellee on the grounds that section 322.34(l)(c), Florida Statutes (1995), is unconstitutional

Montgomery v. State

788 So. 2d 274, 2000 Fla. App. LEXIS 13280, 2000 WL 1476317

District Court of Appeal of Florida | Filed: Oct 3, 2000 | Docket: 64806367

Published

because Raulerson applies to convictions under section 322.34(1), Florida Statutes, for driving with a canceled

Marusak v. State

789 So. 2d 1015, 2000 Fla. App. LEXIS 18086, 2000 WL 33239979

District Court of Appeal of Florida | Filed: Aug 30, 2000 | Docket: 64806879

Published

(Fla. 1st DCA 1999) (holding a new version of section 322.34 did not apply retroactively to a defendant

State v. Bletcher

763 So. 2d 1277, 2000 Fla. App. LEXIS 10681, 2000 WL 1161919

District Court of Appeal of Florida | Filed: Aug 18, 2000 | Docket: 64799282

Published

to the habitual traffic offender statute. See § 322.34(5), Fla. Stat. (1997). The court dismissed the

Brown v. State

760 So. 2d 1113, 2000 Fla. App. LEXIS 8286, 2000 WL 873630

District Court of Appeal of Florida | Filed: Jul 5, 2000 | Docket: 64798163

Published

with Deputy Metroka. Brown was charged under section 322.34(6)(a) or (b), Florida Statutes (1997), which

Brown v. State

760 So. 2d 1113, 2000 Fla. App. LEXIS 8286, 2000 WL 873630

District Court of Appeal of Florida | Filed: Jul 5, 2000 | Docket: 64798163

Published

with Deputy Metroka. Brown was charged under section 322.34(6)(a) or (b), Florida Statutes (1997), which

Benson v. State

763 So. 2d 1235, 2000 Fla. App. LEXIS 6827, 2000 WL 724560

District Court of Appeal of Florida | Filed: Jun 7, 2000 | Docket: 64799250

Published

driving without a license in violation of section 322.34(3), Florida Statutes (1995). That section states:

Retcho v. State

762 So. 2d 933, 2000 Fla. App. LEXIS 5513, 2000 WL 561833

District Court of Appeal of Florida | Filed: May 10, 2000 | Docket: 64798817

Published

driving with a suspended license in violation of section 322.34 of the Florida Statutes. She filed a motion

State v. Cooke

767 So. 2d 468, 1999 WL 1115446

District Court of Appeal of Florida | Filed: Feb 2, 2000 | Docket: 1194163

Published

revoked as a habitual traffic offender under section 322.34(5), Florida Statutes (1997).[1] The information

Duan v. U. S. Attorney General

196 F.3d 1352

Court of Appeals for the Eleventh Circuit | Filed: Dec 3, 1999 | Docket: 395688

Published

316.193(3)(1996). 2 Fla. Stat. Ann. § 322.34(3)(1996).

Gabbard v. State

744 So. 2d 1075, 1999 Fla. App. LEXIS 12516, 1999 WL 743924

District Court of Appeal of Florida | Filed: Sep 22, 1999 | Docket: 64792181

Published

Bruce W. Gabbard, the appellant, contends that section 322.34(2), Florida Statutes, which prescribes increasingly

State v. Brown

734 So. 2d 1187, 1999 Fla. App. LEXIS 8909, 1999 WL 445690

District Court of Appeal of Florida | Filed: Jul 2, 1999 | Docket: 64788753

Published

as proscribed by section 322.34(6)(a), Florida Statutes (1997)-formerly section 322.34(3)(a) — to be unconstitutional

Guilford v. State

737 So. 2d 1160, 1999 Fla. App. LEXIS 8679, 1999 WL 521217

District Court of Appeal of Florida | Filed: Jun 30, 1999 | Docket: 64789642

Published

license was suspended or revoked in violation of section 322.34(1), Florida Statutes (1995). Following a pleá

State v. Hemmerly

723 So. 2d 324, 1998 Fla. App. LEXIS 15262, 1998 WL 833571

District Court of Appeal of Florida | Filed: Dec 4, 1998 | Docket: 64785085

Published

QUASHED. GOSHORN and THOMPSON, JJ, concur. . § 322.34. Fla. Stat. (1995). . § 316.193, Fla. Stat.

State v. Rairdon

722 So. 2d 846, 1998 Fla. App. LEXIS 14064, 1998 WL 770663

District Court of Appeal of Florida | Filed: Nov 6, 1998 | Docket: 64784975

Published

license was not required to operate a moped under section 322.34, Florida Statutes (1995), and granted appellee’s

State v. Santiago

713 So. 2d 1127, 1998 Fla. App. LEXIS 9524, 1998 WL 422239

District Court of Appeal of Florida | Filed: Jul 29, 1998 | Docket: 64781798

Published

charges against Appellee on the grounds that section 322.34(l)(a), Florida Statutes, is unconstitutional

Vigoreaux v. Manning

714 So. 2d 610, 1998 Fla. App. LEXIS 8717, 1998 WL 406061

District Court of Appeal of Florida | Filed: Jul 16, 1998 | Docket: 64781866

Published

the habitual traffic offender provision of section 322.34, Florida Statutes (1997). His plea here is

Grimes v. State

710 So. 2d 670, 1998 Fla. App. LEXIS 4341, 1998 WL 199577

District Court of Appeal of Florida | Filed: Apr 24, 1998 | Docket: 64780850

Published

driving while license revoked, a violation of section 322.34(1). Grimes was sentenced after violating probation

Mitchell v. State

704 So. 2d 1155, 1998 Fla. App. LEXIS 904, 1998 WL 39583

District Court of Appeal of Florida | Filed: Feb 4, 1998 | Docket: 64778462

Published

driving while license suspended (DWLS) under section 322.34, Florida Statutes (1995). See Chicone v. State

Jackson v. State

702 So. 2d 607, 1997 Fla. App. LEXIS 13950, 1997 WL 761900

District Court of Appeal of Florida | Filed: Dec 12, 1997 | Docket: 64777295

Published

with license suspended (DWLS) offense under section 322.34(3), Florida Statutes. We reverse only the conviction

White v. State

702 So. 2d 1327, 1997 Fla. App. LEXIS 13678, 1997 WL 756626

District Court of Appeal of Florida | Filed: Dec 10, 1997 | Docket: 64777404

Published

driving while license suspended, in violation of section 322.34(l)(c), Florida Statutes (1995). We reverse

Perryman v. State

744 So. 2d 1031, 1997 Fla. App. LEXIS 13133, 1997 WL 715636

District Court of Appeal of Florida | Filed: Nov 19, 1997 | Docket: 64792170

Published

“driving while license suspended or revoked” under section 322.34(1), Florida Statutes, preserving his right

Pirtle v. State

700 So. 2d 1258, 1997 Fla. App. LEXIS 12277

District Court of Appeal of Florida | Filed: Nov 5, 1997 | Docket: 64776402

Published

driving with license suspended pursuant to section 322.34(1), Florida Statutes (1995). We affirm the

Garbe v. State

693 So. 2d 1011, 1997 Fla. App. LEXIS 4835, 1997 WL 212638

District Court of Appeal of Florida | Filed: Apr 30, 1997 | Docket: 64773763

Published

appellant’s motion to dismiss the charges under section 322.34(l)(c), Florida Statutes (1995). We re*1012mand

Vickers v. State

677 So. 2d 974, 1996 Fla. App. LEXIS 8221, 1996 WL 441695

District Court of Appeal of Florida | Filed: Aug 7, 1996 | Docket: 64766497

Published

suspended, or revoked (count II), in violation of section 322.34(1), Florida Statutes (Supp.1994), alteration

Magee v. State

673 So. 2d 197, 1996 Fla. App. LEXIS 5143, 1996 WL 257333

District Court of Appeal of Florida | Filed: May 17, 1996 | Docket: 64764543

Published

(1993), and driving while license suspended, section 322.34, Florida Statutes (1993). We affirm the judgments

Chamness v. State

667 So. 2d 919, 1996 Fla. App. LEXIS 890, 1996 WL 47736

District Court of Appeal of Florida | Filed: Feb 7, 1996 | Docket: 64762212

Published

is a second-degree misdemeanor pursuant to section 322.34(1), Florida Statutes (Supp.*9201994). The trial

Ago

Florida Attorney General Reports | Filed: Dec 5, 1995 | Docket: 3256893

Published

Is a law enforcement agency authorized under section 322.34(5)(e), Florida Statutes, to release without

Salazar v. State

665 So. 2d 1066, 1995 WL 637552

District Court of Appeal of Florida | Filed: Nov 1, 1995 | Docket: 1351349

Published

four counts of DUS with injury pursuant to section 322.34(3), Florida Statutes (1991). Construing DUS

State v. Sampson

644 So. 2d 578, 1994 Fla. App. LEXIS 10020, 1994 WL 567896

District Court of Appeal of Florida | Filed: Oct 19, 1994 | Docket: 64751795

Published

624 So.2d 355 (Fla. 2d DCA 1993), which held section 322.34(3), Florida Statutes (1991), unconstitutional

Davie v. State

632 So. 2d 1090, 1994 Fla. App. LEXIS 1351, 1994 WL 54845

District Court of Appeal of Florida | Filed: Feb 25, 1994 | Docket: 64746734

Published

resentenc-ing. HARRIS, C.J., and GOSHORN, J., concur. . § 322.34(3), Fla.Stat. (1991).

State v. Smith

624 So. 2d 355, 1993 Fla. App. LEXIS 9414, 1993 WL 356914

District Court of Appeal of Florida | Filed: Sep 17, 1993 | Docket: 64742977

Published

causing death or serious injury, pursuant to section 322.34(3), Florida Statutes (1991), a third-degree

Boutwell v. State

625 So. 2d 1215, 1993 Fla. App. LEXIS 3224, 1993 WL 80596

District Court of Appeal of Florida | Filed: Mar 24, 1993 | Docket: 64743781

Published

section 316.193(3)(c)(l) and four violations of section 322.34(3). Sometime later, Boutwell petitioned to

Haluska v. State

615 So. 2d 219, 1993 Fla. App. LEXIS 2905, 1993 WL 55975

District Court of Appeal of Florida | Filed: Mar 5, 1993 | Docket: 64694918

Published

sentenced to 364 days in county jail under section 322.-34(1), Florida Statutes (1991). That offense is

Jones v. State

606 So. 2d 505, 1992 Fla. App. LEXIS 11290, 1992 WL 308630

District Court of Appeal of Florida | Filed: Oct 23, 1992 | Docket: 64670700

Published

suspended or revoked license in violation of section 322.34(1), Florida Statutes (1987). The judgment mistakenly

Wright v. State

603 So. 2d 624, 1992 Fla. App. LEXIS 8394, 1992 WL 185037

District Court of Appeal of Florida | Filed: Aug 4, 1992 | Docket: 64669292

Published

one count of driving with a suspended license, § 322.34(3), Fla. Stat. (1989). We do, however, find error

State v. Jordan

590 So. 2d 1118, 1991 Fla. App. LEXIS 12765, 1991 WL 275588

District Court of Appeal of Florida | Filed: Dec 27, 1991 | Docket: 64664000

Published

valid operator’s license is a violation of section 322.34, Florida Statutes (1989), and justifies an

Cole v. State

573 So. 2d 175, 1991 Fla. App. LEXIS 283, 1991 WL 3566

District Court of Appeal of Florida | Filed: Jan 18, 1991 | Docket: 64655886

Published

while license suspended or revoked, contrary to section 322.34, Florida Statutes (1985). At trial, the trial

Ramsey v. State

562 So. 2d 394, 1990 Fla. App. LEXIS 3921, 1990 WL 71777

District Court of Appeal of Florida | Filed: May 31, 1990 | Docket: 64650941

Published

Fla.Stat. . Driving with a suspended license, § 322.34, Fla.Stat. . Grand theft of the second degree

Earp v. State

522 So. 2d 992, 13 Fla. L. Weekly 802, 1988 Fla. App. LEXIS 1247, 1988 WL 26267

District Court of Appeal of Florida | Filed: Mar 29, 1988 | Docket: 64633856

Published

revoked or suspended license in violation of Section 322.34, Florida Statutes (1985). He pleaded nolo contendré

Pino v. State

492 So. 2d 811, 11 Fla. L. Weekly 1759, 1986 Fla. App. LEXIS 9330

District Court of Appeal of Florida | Filed: Aug 12, 1986 | Docket: 64621040

Published

while license suspended, as a second offense. § 322.34(1), Fla.Stat. (1983). It is urged that the circuit

State, Department of Highway Safety & Motor Vehicles v. Meck

468 So. 2d 993, 10 Fla. L. Weekly 31, 1984 Fla. App. LEXIS 16710

District Court of Appeal of Florida | Filed: Dec 20, 1984 | Docket: 64611953

Published

license suspended or revoked in violation of section 322.34, Florida Statutes (1983). Driving while license

State v. Warren

450 So. 2d 1249, 1984 Fla. App. LEXIS 13496

District Court of Appeal of Florida | Filed: Jun 7, 1984 | Docket: 64605262

Published

seat and found the firearm. A violation of Section 322.34, Florida Statutes (1983) calls for an arrest

State v. Addleman

388 So. 2d 1230, 1980 Fla. LEXIS 4365

Supreme Court of Florida | Filed: Oct 2, 1980 | Docket: 64578356

Published

is valid. Appellees were both charged under section 322.34, Florida Statutes (1977), with the criminal

Smith v. City of Lakeland

392 So. 2d 262, 1980 Fla. App. LEXIS 17142

District Court of Appeal of Florida | Filed: Sep 10, 1980 | Docket: 64579569

Published

a municipal traffic ordinance by violating Section 322.34, Florida Statutes (1979). He entered a written

McGraw v. State

387 So. 2d 444, 1980 Fla. App. LEXIS 17530

District Court of Appeal of Florida | Filed: Aug 14, 1980 | Docket: 64577891

Published

with a suspended drivers license contrary to Section 322.34 Florida Statutes (1977). He filed a motion

Lanier v. State

226 So. 2d 37, 1969 Fla. App. LEXIS 5221

District Court of Appeal of Florida | Filed: Aug 26, 1969 | Docket: 64511185

Published

the provisions of this chapter. * * * ” . F.S. § 322.34, F.S.A. “Any person whose operator’s or chauffeur’s