Florida Statute 316.656 - Full Text and Legal Analysis

The 2025 Florida Statutes

Title XXIII
MOTOR VEHICLES

Chapter 316
STATE UNIFORM TRAFFIC CONTROL

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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.

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Amendments to 316.656

Annotations, Discussions, Cases:

Cases Citing Statute 316.656

Total Results: 21

State v. Curtin

764 So. 2d 645, 2000 WL 518089

District Court of Appeal of Florida | Filed: Apr 25, 2000 | Docket: 470305

Cited 7 times | Published

declaration. In this respect, it is analogous to section 316.656, Florida Statutes, which requires trial judges

State v. Gibron

478 So. 2d 475, 10 Fla. L. Weekly 2552

District Court of Appeal of Florida | Filed: Nov 13, 1985 | Docket: 1484806

Cited 3 times | Published

that the trial court ignored the dictates of section 316.656(1), Florida Statutes (1983), which prohibits

Line v. State

722 So. 2d 853, 23 Fla. L. Weekly Fed. D 2543

District Court of Appeal of Florida | Filed: Nov 18, 1998 | Docket: 1669216

Cited 2 times | Published

principal holding in the previous appeal was section 316.656(1)[1] which we held barred the judge from withholding

State v. Rowell

669 So. 2d 1089, 1996 WL 106443

District Court of Appeal of Florida | Filed: Mar 13, 1996 | Docket: 2587663

Cited 2 times | Published

to the driving under the influence offense. Section 316.656(1), Florida Statutes (1993), provides: "Notwithstanding

State v. Griffith

540 So. 2d 916, 1989 WL 29020

District Court of Appeal of Florida | Filed: Mar 31, 1989 | Docket: 1294099

Cited 1 times | Published

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

LISA KRAMER v. STATE OF FLORIDA

District Court of Appeal of Florida | Filed: Apr 8, 2020 | Docket: 17052271

Published

continue sentencing, the trial court relied on section 316.656(1), Florida Statutes (2017), which provides

Pacheco-Velasquez v. State

208 So. 3d 293, 2016 Fla. App. LEXIS 18681

District Court of Appeal of Florida | Filed: Dec 21, 2016 | Docket: 4555827

Published

offense of vehicular manslaughter, even though section 316.656(1) prohibits the trial court from withholding

State v. W.W.

16 So. 3d 305, 2009 Fla. App. LEXIS 12666

District Court of Appeal of Florida | Filed: Aug 28, 2009 | Docket: 60246756

Published

further evidenced by the prohibition, within section 316.656(1), of withholding adjudication upon conviction

State v. WW

16 So. 3d 305, 2009 WL 2632174

District Court of Appeal of Florida | Filed: Aug 28, 2009 | Docket: 1640848

Published

further evidenced by the prohibition, within section 316.656(1), of withholding adjudication upon conviction

Sloan v. State

884 So. 2d 378, 2004 Fla. App. LEXIS 13445, 2004 WL 2008293

District Court of Appeal of Florida | Filed: Sep 10, 2004 | Docket: 64833488

Published

circumvent mandatory adjudication for DUI under section 316.656(1), Florida Statutes (2002), which provides:

State v. Line

698 So. 2d 318, 1997 Fla. App. LEXIS 8589, 1997 WL 423446

District Court of Appeal of Florida | Filed: Jul 30, 1997 | Docket: 64775455

Published

probation. The state appeals, and we reverse. Section 316.656(1) provides as follows: “(1) Notwithstanding

State v. Rivera

686 So. 2d 679, 1996 Fla. App. LEXIS 13268, 1996 WL 728652

District Court of Appeal of Florida | Filed: Dec 20, 1996 | Docket: 64770420

Published

in withholding an adjudication of guilt. See § 316.656, Fla. Stat. (1995); State v. Coatney, 596 So.2d

Williams v. State

681 So. 2d 817, 1996 Fla. App. LEXIS 10459, 1996 WL 582582

District Court of Appeal of Florida | Filed: Oct 11, 1996 | Docket: 64768438

Published

weapons as special conditions of probation. . See § 316.656(1), Fla. Stat. (1995). . See § 893.135(3), Fla

In re Amendments to the Florida Rules of Practice & Procedure for Traffic Courts

608 So. 2d 451, 17 Fla. L. Weekly Supp. 668, 1992 Fla. LEXIS 1825, 1992 WL 301685

Supreme Court of Florida | Filed: Oct 22, 1992 | Docket: 64692018

Published

PROHIBITED* — WHEN Pursuant to the — provisions-of—section 316.656, Florida Statutes, no court shall suspend,

State v. Carter

601 So. 2d 1341, 1992 Fla. App. LEXIS 8221, 1992 WL 164178

District Court of Appeal of Florida | Filed: Jul 17, 1992 | Docket: 64668814

Published

with the mandatory requirement set forth in section 316.656(1), Florida Statutes (1989), of driving under

State v. Wager

599 So. 2d 267, 1992 Fla. App. LEXIS 6301, 1992 WL 110913

District Court of Appeal of Florida | Filed: May 28, 1992 | Docket: 64667569

Published

respondent Wager guilty, in compliance with section 316.656(1), Florida Statutes, of driving under the

State v. Coatney

596 So. 2d 499, 1992 Fla. App. LEXIS 3852, 1992 WL 59249

District Court of Appeal of Florida | Filed: Mar 27, 1992 | Docket: 64666381

Published

probationary period. The state contends that section 316.656, Florida Statutes (1989), does not permit the

State v. Whitaker

590 So. 2d 1029, 1991 Fla. App. LEXIS 12519, 1991 WL 265065

District Court of Appeal of Florida | Filed: Dec 13, 1991 | Docket: 64663952

Published

sole issue raised in this appeal is whether section 316.656, Florida Statutes (1989), authorizes the trial

Florida Bar

536 So. 2d 181, 1988 Fla. LEXIS 1471, 1988 WL 143332

Supreme Court of Florida | Filed: Aug 25, 1988 | Docket: 64639474

Published

Prohibited; When (a) Pursuant to the provisions of Section 316.656, Florida Statutes, no court shall suspend,

Ago

Florida Attorney General Reports | Filed: May 6, 1986 | Docket: 3256185

Published

punishable by law as a felony. QUESTION TWO Section 316.656(1), F.S., provides in pertinent part that,

State v. Stankovitch

456 So. 2d 546, 9 Fla. L. Weekly 2037, 1984 Fla. App. LEXIS 15053

District Court of Appeal of Florida | Filed: Sep 21, 1984 | Docket: 64607019

Published

appellee. We reverse. Appellant contends that section 316.-656(1), Florida Statutes (1983), expressly prohibits

This Florida statute resource is curated by Graham W. Syfert, Esq., a Jacksonville, Florida personal injury and workers' compensation attorney. Attorney Syfert regularly works with Chapter 316 in the context of traffic and automobile accident law and represents clients throughout Northeast Florida. For legal consultation, call 904-383-7448.