What Does the 1995 Amendment Florida Statute Say About Cancellation of Drivers License or Driving Privilege ?
As a result of the 1995 amendment, section 322.34(1), Florida Statutes (1995), sets forth in full:
(1) Any person whose driver's license or driving privilege has been canceled, suspended, or revoked as provided by law, except persons defined in s. 322.264, and who drives any motor vehicle upon the highways of this state while such license or privilege is canceled, suspended, or revoked, upon:
(a) a first conviction is guilty of a misdemeanor of the second degree, punishable as provided in s. 775.082 or s. 775.083.
(b) a second conviction is guilty of a misdemeanor of the first degree, punishable as provided in s. 775.082 or s. 775.083.
(c) a third 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.
In Raulerson v. State, 699 So. 2d 339 (Fla. 5th DCA 1997), the Fifth District found that the dispositive issue in the case was whether "a defendant's violation of section 322.34(1) constitutes a conviction when the sentencing court decides to withhold an adjudication of guilt instead of entering a judgment against the defendant." 699 So. 2d at 340.
In analyzing that issue, the court primarily considered this Court's decision in State v. Gazda, 257 So. 2d 242 (Fla. 1971), and Florida Rule of Criminal Procedure 3.701(d)(2), both of which include withheld adjudications within the meaning of "conviction." See Raulerson, 699 So. 2d at 340.