Florida Statutes

Fla. Stat. § 322.34 (2025)

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

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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.

Arrestable Offenses under F.S. 322.34

M = misdemeanor · F = felony · degree: F=1st S=2nd T=3rd

§322.34(2)MOVING TRAFFIC VIOLREMOVEDF · 3rd

§322.34(2)MOVING TRAFFIC VIOLRENUMBERED. SEE REC # 9095F · 3rd

§322.34(2)MOVING TRAFFIC VIOLRENUMBERED. SEE REC # 9094M · 1st

§322.34(2)MOVING TRAFFIC VIOLRENUMBERED. SEE REC # 9093M · 2nd

§322.34(2)MOVING TRAFFIC VIOLREMOVEDF · 3rd

§322.34(2a)MOVING TRAFFIC VIOLDRIV WHILE LIC SUSPEND REVOCATION EQUIV STATUSM · 2nd

§322.34(2a)MOVING TRAFFIC VIOLREMOVEDM · 2nd

§322.34(2a)NONMOVING TRAFFIC VIOLREMOVEDM · 1st

§322.34(2b)MOVING TRAFFIC VIOLDWLSR REVOCATION EQUIV STATUS 2ND SUBS OFFM · 1st

§322.34(2b)MOVING TRAFFIC VIOLRENUMBERED. SEE REC #8758M · 1st

§322.34(2c)MOVING TRAFFIC VIOLDWLSR DUI/REFUSAL/SERIOUS BOD INJ/FLEE ELUDEF · 3rd

§322.34(2c)MOVING TRAFFIC VIOLRENUMBERED. SEE REC # 8839F · 3rd

§322.34(2c)MOVING TRAFFIC VIOLDWLSR REVOCATION EQUIV STATUS 3RD SUB VIOLF · 3rd

§322.34(5)MOVING TRAFFIC VIOLDRIVE WHILE LIC SUSP HABITUAL OFFENDERF · 3rd

§322.34(6a)MOVING TRAFFIC VIOLDRIVE W/O LIC CAUSES DEATH/SER INJURY W VEHF · 3rd

§322.34(6b)MOVING TRAFFIC VIOLDRIVE WHILE LIC SUSPENDED DEATH SERIOUS INJURYF · 3rd

§322.34(7)MOVING TRAFFIC VIOLDWLSR REV EQUIV STATUS COMMERICAL VEH 2ND SUBQF · 3rd

§322.34(7)MOVING TRAFFIC VIOLDWLSR REV EQUIV STATUS COMMERICAL VEH 1ST OFFM · 1st

§322.34(7a)MOVING TRAFFIC VIOLRENUMBERED. SEE REC # 8843M · 1st

§322.34(7b)MOVING TRAFFIC VIOLRENUMBERED. SEE REC # 8844F · 3rd

§322.34(10a)MOVING TRAFFIC VIOLRENUMBERED. SEE REC # 7161M · 2nd

§322.34(10a)MOVING TRAFFIC VIOLRENUMBERED. SEE REC # 7162M · 1st

§322.34(10b1)NONMOVING TRAFFIC VIOLSEE REC #7161M · 2nd

§322.34(10b1)MOVING TRAFFIC VIOLDWLSR OR REVOCATION EQUIV STATUSM · 2nd

§322.34(10b2)NONMOVING TRAFFIC VIOLSEE REC #7162M · 1st

§322.34(10b2)MOVING TRAFFIC VIOLDWLSR OR REVOCATION EQUIV STATUS SUBSQ OFFM · 1st

§322.34(10b2)NONMOVING TRAFFIC VIOLSEE REC #7162M · 1st

Civil Citations under F.S. 322.34

Driver's license points · R = revocation · S = suspension

§322.34(1)DWLS - Unknowingly operating vehicle3 pts

§322.34(2)DWLS - (specify reason)—

§322.34(2)(a)DWLS - 1st conviction—

§322.34(2)(b)DWLS - 2nd conviction—

§322.34(2)(c)DWLS - 3rd violation or subsequent—

§322.34(5)DWLS - Habitual Traffic Offender—

§322.34(6)(a)DWLS - Death or Serious Bodily Injury, Felony of 3rd degree—

§322.34(6)(b)DWLS - Death or Serious Bodily Injury, Felony of 3rd degree—

§322.34(7)CMV - DWLS—

§322.34(10)(b)1DWLS (specify reason) IF NO PRIOR FORCIBLE FELONY 1st off.—

§322.34(10)(b)2DWLS (specify reason) IF NO PRIOR FORCIBLE FELONY Subsequent—

Notes of Decisions

Cited in 365 cases (21 in the last 5 years), 1963–2025 · leading case: Raulerson v. State, 763 So. 2d 285 (Fla. 2000).

Sort: Relevance Newest Treatment

Raulerson v. State, 763 So. 2d 285 (Fla. 2000). · cites it 53× “The obvious legislative intent of section 322.34 is to increase the penalty for repeat violations of the statute.”

State of Florida v. Daryl Miller, 227 So. 3d 562 (Fla. 2017). · cites it 43× “In support of his motion, Miller argued that he had never possessed a Florida driver license and therefore could not be convicted pursuant to section 322.34(5), Florida Statutes. The trial court granted Miller’s motion and reduced his charges to driving without a valid driver…”

Anderson v. State, 87 So. 3d 774 (Fla. 2012). · cites it 45× “Compare § 322.34, Fla. Stat. (1997), with § 322.34(2), Fla.”

Thompson v. State, 887 So. 2d 1260 (Fla. 2004). · cites it 50× “264, and who drives any motor vehicle upon the highways of this state while such license or privilege is canceled, suspended, or revoked, upon: .”

Gil v. State, 118 So. 3d 787 (Fla. 2013). · cites it 41× “The Court’s plain language reading of the two statutes at issue, Fla. Stat. § 322.34 (5) and Fla. Stat. § 322.”

Crain v. State, 79 So. 3d 118 (Fla. 1st DCA 2012). · cites it 39× “Section 322.34 sets forth an overall scheme by which the Legislature penalizes individuals who persist in driving even though their driver's license or driving privilege has been suspended or revoked.”

Arthur v. State, 818 So. 2d 589 (Fla. 5th DCA 2002). · cites it 21× “2d DCA 2001), and held in Garcia , "that proof under section 322.34(2) requires certified copies of prior convictions.”

Rodgers v. State, 804 So. 2d 480 (Fla. 4th DCA 2001). · cites it 16× “[10] To sum up the requirements for a conviction under section 322.34, the statute as written by the Legislature merely makes it necessary for the state to prove by competent evidence that DMV maintains a record on the motorist, that its record shows the requisite three separate…”

State v. Keirn, 720 So. 2d 1085 (Fla. 4th DCA 1998). · cites it 17× “The central issue presented in this case is whether a conviction within the meaning of section 322.34, Florida Statutes (1995), requires there to be an adjudication of the defendant's guilt.”

John Eugene Williams, III v. State of Florida, 244 So. 3d 356 (Fla. 1st DCA 2018). · cites it 35× “§ 322.34, Fla. Stat. (2016) (emphases added); see § 322.”

State v. Miller, 193 So. 3d 1001 (Fla. 3d DCA 2016). · cites it 13× “” See § 322.34(5), Fla. Stat. (2014). 1 The trial court treated Miller’s sworn motion to dismiss as a motion for reduction of charges to the lesser included offense of driving without a valid driver’s' license.”

Alphonso Finney v. State of Florida, 219 So. 3d 254 (Fla. 1st DCA 2017). · cites it 23× “” Indeed, there appears to be a gaping loophole in section 322.34 because as the statute is written, an offender who is a habitual traffic offender but who has never had a driver’s license can escape felony punishment and receive a lesser punishment than a habitual traffic…”

Show all 365 citing cases →

— 322.34(1) — 54 cases

Raulerson v. State, 763 So. 2d 285 (Fla. 2000). “The obvious legislative intent of section 322.34 is to increase the penalty for repeat violations of the statute.”

Thompson v. State, 887 So. 2d 1260 (Fla. 2004). “264, and who drives any motor vehicle upon the highways of this state while such license or privilege is canceled, suspended, or revoked, upon: .”

State v. Harvey, 693 So. 2d 1009 (Fla. 4th DCA 1997).

Raulerson v. State, 699 So. 2d 339 (Fla. 5th DCA 1997).

Dep't of High. Saf. v. Rosenthal, 908 So. 2d 602 (Fla. 2d DCA 2005).

— 322.34(1)(c) — 6 cases

Raulerson v. State, 763 So. 2d 285 (Fla. 2000). “The obvious legislative intent of section 322.34 is to increase the penalty for repeat violations of the statute.”

State v. Gloster, 703 So. 2d 1174 (Fla. 1st DCA 1997).

State v. Keirn, 720 So. 2d 1085 (Fla. 4th DCA 1998). “The central issue presented in this case is whether a conviction within the meaning of section 322.34, Florida Statutes (1995), requires there to be an adjudication of the defendant's guilt.”

State v. Harvey, 693 So. 2d 1009 (Fla. 4th DCA 1997).

Raulerson v. State, 699 So. 2d 339 (Fla. 5th DCA 1997).

— 322.34(10) — 4 cases

Deatherage v. State, 15 So. 3d 775 (Fla. 2d DCA 2009).

Wyrick v. State, 50 So. 3d 674 (Fla. 5th DCA 2010).

State v. Cantu, 17 So. 3d 1284 (Fla. 2d DCA 2009).

State v. Cooper, 118 So. 3d 270 (Fla. 3d DCA 2013).

— 322.34(10)(a) — 6 cases

Crain v. State, 79 So. 3d 118 (Fla. 1st DCA 2012). “Section 322.34 sets forth an overall scheme by which the Legislature penalizes individuals who persist in driving even though their driver's license or driving privilege has been suspended or revoked.”

Deatherage v. State, 15 So. 3d 775 (Fla. 2d DCA 2009).

State v. Wooden, 92 So. 3d 886 (Fla. 3d DCA 2012).

Wyrick v. State, 50 So. 3d 674 (Fla. 5th DCA 2010).

State v. Gomez, 103 So. 3d 258 (Fla. 3d DCA 2012).

— 322.34(10)(b) — 1 case

Shepherd v. Quispe (M.D. Fla. 2023).

— 322.34(10)(b)(2) — 1 case

Deatherage v. State, 15 So. 3d 775 (Fla. 2d DCA 2009).

— 322.34(2) — 74 cases

Anderson v. State, 87 So. 3d 774 (Fla. 2012). “Compare § 322.34, Fla. Stat. (1997), with § 322.34(2), Fla.”

Thompson v. State, 887 So. 2d 1260 (Fla. 2004). “264, and who drives any motor vehicle upon the highways of this state while such license or privilege is canceled, suspended, or revoked, upon: .”

Gil v. State, 118 So. 3d 787 (Fla. 2013). “The Court’s plain language reading of the two statutes at issue, Fla. Stat. § 322.34 (5) and Fla. Stat. § 322.”

Arthur v. State, 818 So. 2d 589 (Fla. 5th DCA 2002). “2d DCA 2001), and held in Garcia , "that proof under section 322.34(2) requires certified copies of prior convictions.”

John Eugene Williams, III v. State of Florida, 244 So. 3d 356 (Fla. 1st DCA 2018). “§ 322.34, Fla. Stat. (2016) (emphases added); see § 322.”

— 322.34(2)(a) — 25 cases

Leon F. Harrigan v. Ernesto Rodriguez, 977 F.3d 1185 (11th Cir. 2020).

Thompson v. State, 887 So. 2d 1260 (Fla. 2004). “264, and who drives any motor vehicle upon the highways of this state while such license or privilege is canceled, suspended, or revoked, upon: .”

State v. Walton, 42 So. 3d 902 (Fla. 2d DCA 2010).

Turner v. State, 29 So. 3d 361 (Fla. 4th DCA 2010).

Huss v. State, 771 So. 2d 591 (Fla. 1st DCA 2000).

— 322.34(2)(a)(c) — 1 case

McManama v. State, 816 So. 2d 781 (Fla. 2d DCA 2002).

— 322.34(2)(b) — 17 cases

John Eugene Williams, III v. State of Florida, 244 So. 3d 356 (Fla. 1st DCA 2018). “§ 322.34, Fla. Stat. (2016) (emphases added); see § 322.”

Belt v. State, 748 So. 2d 386 (Fla. 5th DCA 2000).

Patterson v. State, 938 So. 2d 625 (Fla. 2d DCA 2006).

Anderson v. State, 890 So. 2d 428 (Fla. 1st DCA 2004).

State v. Leukel, 979 So. 2d 292 (Fla. 5th DCA 2008).

— 322.34(2)(c) — 34 cases

Arthur v. State, 818 So. 2d 589 (Fla. 5th DCA 2002). “2d DCA 2001), and held in Garcia , "that proof under section 322.34(2) requires certified copies of prior convictions.”

Thompson v. State, 887 So. 2d 1260 (Fla. 2004). “264, and who drives any motor vehicle upon the highways of this state while such license or privilege is canceled, suspended, or revoked, upon: .”

Alphonso Finney v. State of Florida, 219 So. 3d 254 (Fla. 1st DCA 2017). “” Indeed, there appears to be a gaping loophole in section 322.34 because as the statute is written, an offender who is a habitual traffic offender but who has never had a driver’s license can escape felony punishment and receive a lesser punishment than a habitual traffic…”

Patterson v. State, 938 So. 2d 625 (Fla. 2d DCA 2006).

Inman v. State, 916 So. 2d 59 (Fla. 2d DCA 2005).

— 322.34(2)(e) — 4 cases

Thompson v. State, 37 So. 3d 939 (Fla. 2d DCA 2010).

Deatherage v. State, 15 So. 3d 775 (Fla. 2d DCA 2009).

Gray v. State, 847 So. 2d 1100 (Fla. 4th DCA 2003).

— 322.34(3) — 31 cases

State v. Smith, 638 So. 2d 509 (Fla. 1994).

Melbourne v. State, 655 So. 2d 126 (Fla. 5th DCA 1995).

Boutwell v. State, 631 So. 2d 1094 (Fla. 1994).

State v. Hubbard, 751 So. 2d 552 (Fla. 1999).

Turner v. State, 29 So. 3d 361 (Fla. 4th DCA 2010).

— 322.34(3)(a) — 4 cases

Waites v. State, 702 So. 2d 1373 (Fla. 4th DCA 1997).

Fields v. State, 731 So. 2d 753 (Fla. 5th DCA 1999).

Bass v. State, 958 So. 2d 454 (Fla. 2d DCA 2007).

State v. Brown, 734 So. 2d 1187 (Fla. 2d DCA 1999).

— 322.34(3)(b) — 3 cases

Pierce v. State, 718 So. 2d 806 (Fla. 4th DCA 1997).

Waites v. State, 702 So. 2d 1373 (Fla. 4th DCA 1997).

State v. Brown, 734 So. 2d 1187 (Fla. 2d DCA 1999).

— 322.34(4) — 1 case

Anderson v. State, 87 So. 3d 774 (Fla. 2012). “Compare § 322.34, Fla. Stat. (1997), with § 322.34(2), Fla.”

— 322.34(5) — 94 cases

State of Florida v. Daryl Miller, 227 So. 3d 562 (Fla. 2017). “In support of his motion, Miller argued that he had never possessed a Florida driver license and therefore could not be convicted pursuant to section 322.34(5), Florida Statutes. The trial court granted Miller’s motion and reduced his charges to driving without a valid driver…”

Rodgers v. State, 804 So. 2d 480 (Fla. 4th DCA 2001). “[10] To sum up the requirements for a conviction under section 322.34, the statute as written by the Legislature merely makes it necessary for the state to prove by competent evidence that DMV maintains a record on the motorist, that its record shows the requisite three separate…”

State v. Miller, 193 So. 3d 1001 (Fla. 3d DCA 2016). “” See § 322.34(5), Fla. Stat. (2014). 1 The trial court treated Miller’s sworn motion to dismiss as a motion for reduction of charges to the lesser included offense of driving without a valid driver’s' license.”

Arthur v. State, 818 So. 2d 589 (Fla. 5th DCA 2002). “2d DCA 2001), and held in Garcia , "that proof under section 322.34(2) requires certified copies of prior convictions.”

— 322.34(6) — 12 cases

Marsh v. State, 253 So. 3d 674 (Fla. 2d DCA 2018).

Kelly v. State, 987 So. 2d 1237 (Fla. 2d DCA 2008).

— 322.34(6)(a) — 7 cases

In re Stand. Jury Instructions in Crim. Cases-Report No. 2012-04, 131 So. 3d 720 (Fla. 2013).

Brown v. State, 760 So. 2d 1113 (Fla. 4th DCA 2000).

State v. Brown, 734 So. 2d 1187 (Fla. 2d DCA 1999).

Kirkland v. State, 41 So. 3d 1048 (Fla. 1st DCA 2010).

— 322.34(6)(b) — 7 cases

Lott v. State, 74 So. 3d 556 (Fla. 5th DCA 2011).

George Gomillion v. State of Florida, 267 So. 3d 502 (Fla. 2d DCA 2019).

Brown v. State, 760 So. 2d 1113 (Fla. 4th DCA 2000).

Gorman v. State, 927 So. 2d 1043 (Fla. 4th DCA 2006).

Lipovsky v. State, 854 So. 2d 707 (Fla. 2d DCA 2003).

— 322.34(9) — 3 cases

Dep't of High. Saf. & Motor Vehs. v. Karr, 798 So. 2d 8 (Fla. 1st DCA 2001).

In Re Forfeiture of 2006 Chrysler 4-Door, 9 So. 3d 709 (Fla. 2d DCA 2009).

Cox v. Dep't of High. Saf., 881 So. 2d 641 (Fla. 5th DCA 2004).

— 322.34(9)(a) — 4 cases

Dep't of High. Saf. v. Rife, 950 So. 2d 1288 (Fla. 5th DCA 2007).

State, Dept. of High. Saf. v. Tarman, 917 So. 2d 899 (Fla. 3d DCA 2005).

In Re Forfeiture of 2006 Chrysler 4-Door, 9 So. 3d 709 (Fla. 2d DCA 2009).

Dep't of High. Saf. & Motor Vehs. v. Megan-Neave, 845 So. 2d 934 (Fla. 5th DCA 2003).

— 322.34(l)(a) — 1 case

State v. Santiago, 713 So. 2d 1127 (Fla. 4th DCA 1998).

— 322.34(l)(b) — 1 case

Nelson v. State, 870 So. 2d 57 (Fla. 2d DCA 2003).

— 322.34(l)(c) — 29 cases

White v. State, 702 So. 2d 1327 (Fla. 4th DCA 1997).

State v. Colon, 770 So. 2d 273 (Fla. 4th DCA 2000).

State v. Nelson, 770 So. 2d 280 (Fla. 4th DCA 2000).

Garbe v. State, 693 So. 2d 1011 (Fla. 4th DCA 1997).

State v. Linhart, 770 So. 2d 262 (Fla. 4th DCA 2000).

Annotations are extracted automatically from the opinions in the Syfert caselaw corpus and ranked by authority, recency, and treatment. Dots show Syfertize treatment of the citing case itself.