State v. MillerAnnotate this Case
Possession of a driver license is a prerequisite to a conviction pursuant to Fla. Stat. 233.34(5), which provides a third-degree felony penalty for “habitual traffic offenders” who drive with a driver license that has been revoked under Fla. Stat. 322.264.
The Supreme Court approved of the decision of the Third District Court of Appeal in this case and disapproved of decisions of the Second, Fourth, and Fifth District Courts of Appeal to the extent that they were inconsistent with this opinion. The Third District affirmed the order of the trial court granting Defendant’s motion to dismiss the charges of violating section 322.34(5) and reducing his charges to driving without a valid driver license where Defendant had never possessed a Florida driver license. The Supreme Court affirmed, holding that defendants who have never possessed a driver license may not be charged under section 322.34(5).