IN RE TRAFFIC COURT RULES 6.290 AND 6.575

Fla. | 1978-05-11

No. 46571-K

Overton, C.J., Adkins, J., Boyd, J., England, J., Sundberg, J., Hatchett, J., Alderman, J.

358 So. 2d 1360 Florida Supreme Court (1978) Positive Treatment

Cited by 4 cases

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.

Synopsis

Florida Supreme Court amended Rule 6.290 to prohibit withholding adjudication in DUI cases and created Rule 6.575 governing retention of traffic court case files with outstanding driver's license suspensions.

Holding

Courts are prohibited from withholding adjudication of guilt or accepting guilty pleas to lesser offenses in DUI cases, particularly when blood alcohol content is 0.20 percent or higher.

Headnotes

[1] Courts are prohibited from withholding adjudication of guilt or imposing sentence in DUI cases involving unlawful blood alcohol levels or controlled substances, pursuant…

[2] Courts may not accept guilty pleas to lesser offenses from persons charged with DUI when chemical results show blood alcohol content of 0.20 percent or more.

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Facts & Procedural History

The Traffic Court Review Committee petitioned the Florida Supreme Court to amend traffic court rules governing DUI adjudication and case file retentio…

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Topics

Blood Alcohol Level Driver'S License Suspension Withheld Adjudication Driving Under The Influence

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Opinion of the Court

PER CURIAM.

Pursuant to a petition from the Traffic Court Review Committee, Rule 6.290 of the Florida Rules of Practice and Procedure is amended and Rule 6.575 is created in the manner as appended to this opinion and said rules are hereby adopted. These amendments shall be effective immediately.

It is so ordered.

OVERTON, C. J., and ADKINS, BOYD, ENGLAND, SUNDBERG, HATCHETT and ALDERMAN, JJ., concur. Rule 6.290. WITHHOLDING ADJUDICATION PROHIBITED: WHEN

(a) Pursuant to the provisions of section 322.281 of Florida Statutes, no court shall withhold adjudication of guilt or the imposition of sentence for the offense of driving or being in actual physical control of a motor vehicle, while having an unlawful blood alcohol level or while under the influence of alcoholic beverages, model glue, or any substance controlled by chapter 893 of Florida Statutes.

(b) The Court is also prohibited from accepting a plea of guilty or nolo contendere to a lesser offense from a person charged under the provisions of Chapter 322 of the Florida Statutes, whose chemical results show a blood alcohol content by weight of .20 percent or more.

Rule 6.575. RETENTION OF CASE FILES

For the purpose of record retention pursuant to the General Records Schedule D-T 1, case files with an outstanding or unsatisfied D-6 shall be considered disposed of five years after the submission of the D-6 by the clerk to the Department of Highway Safety and Motor Vehicles.

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Citator

Cited By

In re Petition of Post-Newsweek Stations, 359 So. 2d 1195 (Fla. 1978)

…On consideration of the Motion for Rehearing [of Fla.App., 358 So. 2d 1360] and Alternative Motion for Expedited Proceedings filed by Petitioner, POST-NEWSWEEK STATIONS, FLORIDA, INC., and the Petition for Rehearing filed by SUNBEAM TELEVISION CORPORATION, IT IS ORDERED by the Court that said Motion and Petition be and th…
In re Petition of Post-Newsweek Stations, 370 So. 2d 764 (Fla. 1979)

…and enlarged the invitation for comments concerning the experiment to include any member of the public who had participated, but denied the request to extend the pilot program beyond June 30, 1978. Petition of Post-Newsweek Stations, Florida, Inc., 358 So. 2d 1360 (Fla. 1978). In rejecting an extension of the termination date, it was stated: The avowed purpose of the pilot program authorized in these proceedings was to aid this Court in reaching a reasoned decision upon the application for modification of Ca…

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