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Florida Statute 316.656 | Lawyer Caselaw & Research
F.S. 316.656 Case Law from Google Scholar
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Link to State of Florida Official Statute Google Search for Amendments to 316.656

The 2023 Florida Statutes (including Special Session C)

Title XXIII
MOTOR VEHICLES
Chapter 316
STATE UNIFORM TRAFFIC CONTROL
View Entire Chapter
F.S. 316.656
316.656 Mandatory adjudication; prohibition against accepting plea to lesser included offense.
(1) Notwithstanding the provisions of s. 948.01, no court may suspend, defer, or withhold adjudication of guilt or imposition of sentence for any violation of s. 316.193, for manslaughter resulting from the operation of a motor vehicle, or for vehicular homicide.
(2)(a) No trial judge may accept a plea of guilty to a lesser offense from a person charged under the provisions of this act who has been given a breath or blood test to determine blood or breath alcohol content, the results of which show a blood or breath alcohol content by weight of 0.15 percent or more.
(b) No trial judge may accept a plea of guilty to a lesser offense from a person charged with a violation of s. 316.193(3), manslaughter resulting from the operation of a motor vehicle, or vehicular homicide.
History.s. 8, ch. 74-384; s. 1, ch. 77-174; s. 13, ch. 82-155; s. 10, ch. 83-228; s. 19, ch. 86-296; s. 5, ch. 91-255; s. 6, ch. 2005-119; s. 13, ch. 2008-176.
Note.Former s. 322.281.

F.S. 316.656 on Google Scholar

F.S. 316.656 on Casetext

Amendments to 316.656


Arrestable Offenses / Crimes under Fla. Stat. 316.656
Level: Degree
Misdemeanor/Felony: First/Second/Third

Current data shows no reason an arrest or criminal charge should have occurred directly under Florida Statute 316.656.



Annotations, Discussions, Cases:

Cases from cite.case.law:

A. PACHECO- VELASQUEZ, v. STATE, 208 So. 3d 293 (Fla. Dist. Ct. App. 2016)

. . . Fla. 2d DCA 2004) (holding that the mandatory adjudication provision for one found guilty of DUI (§ 316.656 . . . trial court to withhold adjudication for the offense of vehicular manslaughter, even though section 316.656 . . .

STATE v. W. W. a, 16 So. 3d 305 (Fla. Dist. Ct. App. 2009)

. . . This is further evidenced by the prohibition, within section 316.656(1), of withholding adjudication . . .

SLOAN, v. STATE, 884 So. 2d 378 (Fla. Dist. Ct. App. 2004)

. . . youthful offender statute could not be used to circumvent mandatory adjudication for DUI under section 316.656 . . . If the trial court classifies a defendant as a youthful offender, section 316.656(1) is inapplicable. . . .

STATE v. CURTIN,, 764 So. 2d 645 (Fla. Dist. Ct. App. 2000)

. . . In this respect, it is analogous to section 316.656, Florida Statutes, which requires trial judges to . . . A previous version of section 316.656 was challenged as a violation of the separation of powers clause . . .

STATE v. A. B. a, 725 So. 2d 1263 (Fla. Dist. Ct. App. 1999)

. . . Sections 316.656(1)(DUI) and 893.135(3), Florida Statutes (1997) (trafficking in drugs) also expressly . . .

LINE, v. STATE, 722 So. 2d 853 (Fla. Dist. Ct. App. 1998)

. . . The statute that commanded our principal holding in the previous appeal was section 316.656(1) which . . . DELL and SHAHOOD, JJ., concur. . § 316.656, Fla. Stat. (1997). . § 775.082(3)(d), Fla. . . .

STATE v. LINE,, 698 So. 2d 318 (Fla. Dist. Ct. App. 1997)

. . . Section 316.656(1) provides as follows: “(1) Notwithstanding the provisions of s. 948.01, no court may . . . 316.193, for manslaughter resulting from the operation of a motor vehicle, or for vehicular homicide.” 316.656 . . . He argues that section 316.656(1) is limited to only those DUI offenses involving death and therefore . . . The three categories under section 316.656(1) are therefore (A) any section 316.193 offense, (B) manslaughter . . .

STATE v. RIVERA,, 686 So. 2d 679 (Fla. Dist. Ct. App. 1996)

. . . See § 316.656, Fla. Stat. (1995); State v. Coatney, 596 So.2d 499 (Fla. 1st DCA 1992). . . .

L. WILLIAMS, v. STATE, 681 So. 2d 817 (Fla. Dist. Ct. App. 1996)

. . . See § 316.656(1), Fla. Stat. (1995). . See § 893.135(3), Fla. Stat. (1995). . . .

STATE v. ROWELL,, 669 So. 2d 1089 (Fla. Dist. Ct. App. 1996)

. . . Section 316.656(1), Florida Statutes (1993), provides: “Notwithstanding the provisions of s. 948.01, . . .

In AMENDMENTS TO THE FLORIDA RULES OF PRACTICE AND PROCEDURE FOR TRAFFIC COURTS, 608 So. 2d 451 (Fla. 1992)

. . . WITHHOLDING ADJUDICATION PROHIBITED* — WHEN Pursuant to the — provisions-of—section 316.656, Florida . . .

STATE v. CARTER A. Jr., 601 So. 2d 1341 (Fla. Dist. Ct. App. 1992)

. . . directed to adjudicate Carter guilty, in compliance with the mandatory requirement set forth in section 316.656 . . .

STATE v. WAGER A. Jr., 599 So. 2d 267 (Fla. Dist. Ct. App. 1992)

. . . The trial court is hereby directed to adjudicate respondent Wager guilty, in compliance with section 316.656 . . .

STATE v. C. COATNEY,, 596 So. 2d 499 (Fla. Dist. Ct. App. 1992)

. . . The state contends that section 316.656, Florida Statutes (1989), does not permit the trial court to . . . in this case pled nolo contendere to a violation of section 316.193(2)(b), the provisions of section 316.656 . . . remanded with directions to pronounce adjudication of guilt in accordance with the provisions of section 316.656 . . .

STATE v. H. WHITAKER,, 590 So. 2d 1029 (Fla. Dist. Ct. App. 1991)

. . . The sole issue raised in this appeal is whether section 316.656, Florida Statutes (1989), authorizes . . . The state filed a motion to correct sentence, maintaining that pursuant to section 316.656, Florida Statutes . . . Section 316.656(1), Florida Statutes (1989), the governing section, provides: (1) Notwithstanding the . . . Consequently, the only question for resolution is whether, under the provisions of section 316.656, the . . . Griffith, 540 So.2d 916 (Fla. 2d DCA 1989), holding that the section 316.656(1) adjudication provision . . .

STATE v. GRIFFITH,, 540 So. 2d 916 (Fla. Dist. Ct. App. 1989)

. . . The state argues, and Griffith concedes, that section 316.656, Florida Statutes (1985), precludes the . . .

THE FLORIDA BAR. In RULES OF PRACTICE AND PROCEDURE FOR TRAFFIC COURTS, 536 So. 2d 181 (Fla. 1988)

. . . Withholding Adjudication Prohibited; When (a) Pursuant to the provisions of Section 316.656, Florida . . .

STATE OF FLORIDA v. McLEOD, 25 Fla. Supp. 2d 131 (Fla. Cir. Ct. 1987)

. . . . § 316.656(1) (1985) provides in pertinent part that “no court may suspend, defer, or withhold adjudication . . .

STATE v. K. GIBRON,, 478 So. 2d 475 (Fla. Dist. Ct. App. 1985)

. . . The state argues that the trial court ignored the dictates of section 316.656(1), Florida Statutes (1983 . . . Consequently, if the court had so classified defendant in this case, section 316.656(1) would be inapplicable . . . Section 316.656(1) requires an adjudication of guilt if defendant is not classified a youthful offender . . .

STATE v. STANKOVITCH,, 456 So. 2d 546 (Fla. Dist. Ct. App. 1984)

. . . Section 316.656, Florida Statutes, did not become effective until October 1,1983, subsequent to the date . . . Accordingly, the trial court correctly found that the mandatory adjudication provisions of section 316.656 . . .

In FLORIDA RULES OF PRACTICE AND PROCEDURE FOR TRAFFIC COURTS, 458 So. 2d 1112 (Fla. 1984)

. . . Rule 6.290 Withholding Adjudication Prohibited; When (a) Pursuant to the provisions of section 322.281 316.656 . . .