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Double Jeopardy; Suspended License Case Law

Court Decisions on Double Jeopardy

Legal Opinions From The Florida Supreme Court And The District Courts Of Appeal

Last Updated: June 2, 2016

This page contains case law regarding the offenses of Driving With A Suspended Driver's License and Driving With A Suspended Driver's License As A Habitual Traffic Offender as they relate to Double Jeopardy issues.

DOUBLE JEOPARDY in Driver License Suspension Cases

Dees v. State, 54 So.3d 644 (Fla. 1st DCA 2011): Defendant cannot be found guilty of DWLS-HTO, DWLS, and driving without a valid driver's license for the same conduct.

Duff v. State, 942 So.2d 926 (Fla. 5th DCA 2006): Case involves DWLS prosecution and DWLS-HTO prosecution for same conduct. Case goes into Degrees Variant analysis of double jeopardy. Defendant is this case pled to DWLS and then appealed felony DWLS-HTO. Court concluded it violated double jeopardy. Affirmed, Gil v. State, 118 So.3d 787 (Fla. 2013).

Logan v. State, 877 So.2d 952 (Fla. 4th DCA 2004): Franklin does not apply to the facts when convictions and sentences did not involve a single offense regarding convictions for DWLS-HTO and DWLS-permanenetly revoked.

Franklin v. State, 816 So.2d 1203 (Fla. 4th DCA 2002): A defendant cannot be convicted of a violation of s. 322.34(2), which expressly does not apply to persons whose licenses have been revoked pursuant to s. 322.264, i.e., habitual offenders.

Webb v. State, 816 So.2d 1190 (Fla. 4th DCA 2002): the defendant's convictions under sections 322.34(5) and 322.341 did not violate the double jeopardy clause of the Fifth Amendment of the United States Constitution.

State v. Cooke, 767 So.2d 468 (Fla. 4th DCA 2000): Sections 322.34(2) amd 322.34(5), Fla. Stats., are separate offenses and prosecution under both does not violate double jeopardy prohibition.

Roedel v. State, 773 So.2d 1280 (Fla. 5th DCA 2000): Double jeopardy protections attach for prosecution under both DWLS and NVDL statutes. A defendant cannot be found guilty of both for same conduct.

Hallman v. State, 492 So.2d 1136 (Fla. 2d DCA 1986): Defendant cannot be convicted twice for Driving With A Suspended Driver's License during a single driving episode.



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