The state of florida division of motorist services sent me a letter saying my drivers license has been revoked for 0ne year.for the following convicted in the circuit court sarasota county florida for the offense of fleeing or att elude police officer. Florida statute 322.26(8) case# 4120wnh disposition date 03-11-2014. With adjudication with held i was not convicted but i was guilty can u please help me with this matter
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my charge fleeing to elude police officer got adjudication with held
- Thread Starter xrayman47
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Betty3
Well-Known Member
Do you have a lawyer? ........
army judge
Super Moderator
Certain offenses, DUI is one, FLEEING & ELUDING is another will automatically cause the DMV to revoke your driving privileges.
You were probably allowed to cop to a lesser or included offense, but the top charge is what caused you to lose your license. Worse yet, in FL, F&E is a felony.
You're paying a pretty price for stupidity.
Lesson learned here, when the bubble gum lights flash pull over.
Florida Driver License Revocation for Fleeing and Attempting to Elude
Under Florida State Statute 316.1935(5), the court must revoke the driver's license for a period not less than 1 year nor exceeding 5 years, the driver's license of any operator of a motor vehicle convicted of a violation of 316.1935(1), 316.1935(2), 316.1935(3), or 316.1935(4).
The court proceeding addressed the citation.
The DMV action addressed the administrative proceedings.
This FL lawyer explains the charges:
http://www.richardhornsby.com/crimes/traffic/fleeing-and-eluding.html#Penalties
The FL DMV site has your answers.
You've received a two part punishment.
Read this:
http://www.flhsmv.gov/ddl/help.html
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army judge probably has this one right on target, even though you are also referring to alternative sentencing. See the statute below.
322.26 Mandatory revocation of license by department.--The department shall forthwith revoke the license or driving privilege of any person upon receiving a record of such person's conviction of any of the following offenses:
(1)(a) Murder resulting from the operation of a motor vehicle, DUI manslaughter where the conviction represents a subsequent DUI-related conviction, or a fourth violation of s. 316.193 or former s. 316.1931. For such cases, the revocation of the driver's license or driving privilege shall be permanent.
(b) Manslaughter resulting from the operation of a motor vehicle.
(2) Driving a motor vehicle or being in actual physical control thereof, or entering a plea of nolo contendere, said plea being accepted by the court and said court entering a fine or sentence to a charge of driving, while under the influence of alcoholic beverages or a substance controlled under chapter 893, or being in actual physical control of a motor vehicle while under the influence of alcoholic beverages or a substance controlled under chapter 893. In any case where DUI manslaughter occurs and the person has no prior convictions for DUI-related offenses, the revocation of the license or driving privilege shall be permanent, except as provided for in s. 322.271(4).
(3) Any felony in the commission of which a motor vehicle is used.
(4) Failure to stop and render aid as required under the laws of this state in the event of a motor vehicle crash resulting in the death or personal injury of another.
(5) Perjury or the making of a false affidavit or statement under oath to the department under this law, or under any other law relating to the ownership or operation of motor vehicles.
(6) Conviction, or forfeiture of bail not vacated, upon three charges of reckless driving committed within a period of 12 months.
(7) Any violation of the law against lewdness, assignation, and prostitution where such violation has been effected through the use of a motor vehicle.
(8) Conviction in any court having jurisdiction over offenses committed under this chapter or any other law of this state regulating the operation of a motor vehicle on the highways, upon direction of the court, when the court feels that the seriousness of the offense and the circumstances surrounding the conviction warrant the revocation of the licensee's driving privilege.
(9) Conviction in any court having jurisdiction over offenses committed under s. 817.234(8) or (9) or s. 817.505.
322.26 Mandatory revocation of license by department.--The department shall forthwith revoke the license or driving privilege of any person upon receiving a record of such person's conviction of any of the following offenses:
(1)(a) Murder resulting from the operation of a motor vehicle, DUI manslaughter where the conviction represents a subsequent DUI-related conviction, or a fourth violation of s. 316.193 or former s. 316.1931. For such cases, the revocation of the driver's license or driving privilege shall be permanent.
(b) Manslaughter resulting from the operation of a motor vehicle.
(2) Driving a motor vehicle or being in actual physical control thereof, or entering a plea of nolo contendere, said plea being accepted by the court and said court entering a fine or sentence to a charge of driving, while under the influence of alcoholic beverages or a substance controlled under chapter 893, or being in actual physical control of a motor vehicle while under the influence of alcoholic beverages or a substance controlled under chapter 893. In any case where DUI manslaughter occurs and the person has no prior convictions for DUI-related offenses, the revocation of the license or driving privilege shall be permanent, except as provided for in s. 322.271(4).
(3) Any felony in the commission of which a motor vehicle is used.
(4) Failure to stop and render aid as required under the laws of this state in the event of a motor vehicle crash resulting in the death or personal injury of another.
(5) Perjury or the making of a false affidavit or statement under oath to the department under this law, or under any other law relating to the ownership or operation of motor vehicles.
(6) Conviction, or forfeiture of bail not vacated, upon three charges of reckless driving committed within a period of 12 months.
(7) Any violation of the law against lewdness, assignation, and prostitution where such violation has been effected through the use of a motor vehicle.
(8) Conviction in any court having jurisdiction over offenses committed under this chapter or any other law of this state regulating the operation of a motor vehicle on the highways, upon direction of the court, when the court feels that the seriousness of the offense and the circumstances surrounding the conviction warrant the revocation of the licensee's driving privilege.
(9) Conviction in any court having jurisdiction over offenses committed under s. 817.234(8) or (9) or s. 817.505.
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