VICTORIA LYNN BLAIR, APPELLANT,
v.
STATE OF FLORIDA, APPELLEE
AI-generated. These summaries, headnotes, and key points are machine-generated and may contain errors or omissions. Always verify against the full opinion text below. Not legal advice.
The court held that the trial judge improperly revoked the defendant's driver's license directly and exceeded the statutory revocation period.
Victoria Blair was found guilty of cocaine possession and placed on probation. As a condition of probation, the trial judge revoked her driver's licen…
The full statement of facts, procedural history, and disposition for this case are member content.
Join FLexlaw to unlock all legal intelligence© FLexlaw, Inc. — AI-generated enrichments are proprietary. All rights reserved.
Explore caselaw by topic → Browse Driver'S License Revocation cases and more on FLexlaw
PARKER, Judge.
Victoria Blair was adjudged guilty of possession of cocaine. The trial judge placed appellant on three years’ probation with the following as a condition of probation: “Your drivers [sic] license will be revoked for a period of thirty-six (36) months.... ”
Section 322.055(1), Florida Statutes (1987) authorizes the sentencing court to direct the Department of Highway Safety and Motor Vehicles to revoke for a period of up to two years a driver’s license of a person adjudged guilty of possession of cocaine. The trial court itself, however, is without authority to suspend appellant’s driver’s license and should have directed the Department to do so. See Ruise v. State, 552 So. 2d 270 (Fla. 1st DCA 1989). Further, the three-year revocation exceeded the statutory two-year limit.
The trial judge may order as a condition of probation that appellant not drive a motor vehicle during the term of probation [three years], see Moreland v. State, 442 So. 2d 1002 (Fla. 2d DCA 1983), if the court finds that condition to be reasonably related to the offense. See Rodriguez v. State, 378 So. 2d 7 (Fla. 2d DCA 1979).
Accordingly, we remand this case for correction of the sentence to reflect that the Department of Highway Safety and Motor Vehicles is directed to revoke appellant’s driver’s license for a period of two years and, if appropriate, for the condition of probation to be changed to prohibit appellant from driving during the term of probation.
Remanded for correction of sentence.
CAMPBELL, C.J., and RYDER, J., concur,
Cases With Similar Vibessemantic neighbors from the corpus
Citator
Cited By
-
Martin v. State, 618 So. 2d 737 (Fla. 1st DCA 1993)…fety and Motor Vehicles is directed to revoke appellant’s driving privilege for a period of two years. Alternatively, the trial court may order, as a condition of probation, that appellant not drive a motor vehicle for two years. See Blair v. State, 554 So. 2d 1226 (Fla. 2d DCA 1990). WIGGINTON and WOLF, JJ., concur. . § 322.055(1), Fla.Stat. (1991), provides: (1) Notwithstanding the provisions of s. 322.-28, upon the conviction of a person 18 years of age or older for possession or sale of, trafficking in,…
-
Jernigan v. State, 582 So. 2d 819 (Fla. 2d DCA 1991)…PER CURIAM. We reverse the denial of appellant’s motion to correct sentence, and remand for further proceedings in accordance with Blair v. State, 554 So. 2d 1226 (Fla. 2d DCA 1990). SCHEB, A.C.J., and RYDER and PATTERSON, JJ., concur.…
-
C.B. v. State, 706 So. 2d 925 (Fla. 2d DCA 1998)…er than six months. See § 322.056, Fla. Stat. (1995). Additionally, the trial court itself may not suspend a driver’s license and must direct the' Department of Highway Safety and Motor Vehicles to suspend any driving privileges. See Blair v. State, 554 So. 2d 1226 (Fla. 2d DCA 1990). Accordingly, we reverse and remand for a new disposition hearing. At the hearing, the court may reimpose the adjudication and commitment if it strictly follows the provisions of section 39.052(4) and also may direct the Departm…
Previewing 3 of 6 citing cases — full citator treatment, depth of discussion, and citing context are member features.
Join FLexlaw to unlock all legal intelligenceAuthorities Cited
- Rodriguez v. State, 378 So. 2d 7 (Fla. 2d DCA 1979)
- Moreland v. State, 442 So. 2d 1002 (Fla. 2d DCA 1983)
- Dell E. Barfield and Louis W. Barfield v. Bradshaw, 442 So. 2d 1002 (Fla. 1st DCA 1983)
- Ruise v. State, 552 So. 2d 270 (Fla. 1st DCA 1989)