Home
Menu
Call attorney Graham Syfert at 904-383-7448
Personal Injury Lawyer
Florida Statute 322.34 | Lawyer Caselaw & Research
F.S. 322.34 Case Law from Google Scholar
Statute is currently reporting as:
Link to State of Florida Official Statute Google Search for Amendments to 322.34

The 2023 Florida Statutes (including Special Session C)

Title XXIII
MOTOR VEHICLES
Chapter 322
DRIVER LICENSES
View Entire Chapter
F.S. 322.34
322.34 Driving while license suspended, revoked, canceled, or disqualified.
(1) Except as provided in subsection (2), any person whose driver license or driving privilege has been canceled, suspended, or revoked, except a “habitual traffic offender” as defined in s. 322.264, who drives a vehicle upon the highways of this state while such license or privilege is canceled, suspended, or revoked is guilty of a moving violation, punishable as provided in chapter 318.
(2) Any person whose driver license or driving privilege has been canceled, suspended, or revoked as provided by law, or who does not have a driver license or driving privilege but is under suspension or revocation equivalent status as defined in s. 322.01(42), except persons defined in s. 322.264, who, knowing of such cancellation, suspension, revocation, or suspension or revocation equivalent status, drives any motor vehicle upon the highways of this state while such license or privilege is canceled, suspended, or revoked, or while under suspension or revocation equivalent status, commits:
(a) A misdemeanor of the second degree, punishable as provided in s. 775.082 or s. 775.083.
(b)1. A misdemeanor of the first degree, punishable as provided in s. 775.082 or s. 775.083, upon a second or subsequent conviction, except as provided in paragraph (c).
2. A person convicted of a third or subsequent conviction, except as provided in paragraph (c), must serve a minimum of 10 days in jail.
(c) A felony of the third degree, punishable as provided in s. 775.082, s. 775.083, or s. 775.084, upon a third or subsequent conviction if the current violation of this section or the most recent prior violation of the section is related to driving while license canceled, suspended, revoked, or suspension or revocation equivalent status resulting from a violation of:
1. Driving under the influence;
2. Refusal to submit to a urine, breath-alcohol, or blood alcohol test;
3. A traffic offense causing death or serious bodily injury; or
4. Fleeing or eluding.

The element of knowledge is satisfied if the person has been previously cited as provided in subsection (1); or the person admits to knowledge of the cancellation, suspension, or revocation, or suspension or revocation equivalent status; or the person received notice as provided in subsection (4). There shall be a rebuttable presumption that the knowledge requirement is satisfied if a judgment or order as provided in subsection (4) appears in the department’s records for any case except for one involving a suspension by the department for failure to pay a traffic fine or for a financial responsibility violation.

(3) In any proceeding for a violation of this section, a court may consider evidence, other than that specified in subsection (2), that the person knowingly violated this section.
(4) Any judgment or order rendered by a court or adjudicatory body or any uniform traffic citation that cancels, suspends, or revokes a person’s driver license or places a person under suspension or revocation equivalent status must contain a provision notifying the person that his or her driver license has been canceled, suspended, or revoked, or of such suspension or revocation equivalent status.
(5) Any person who has been designated a habitual traffic offender as defined by s. 322.264 and who drives any motor vehicle upon the highways of this state while designated a habitual traffic offender is guilty of a felony of the third degree, punishable as provided in s. 775.082, s. 775.083, or s. 775.084.
(6) Any person who operates a motor vehicle:
(a) Without having a driver license as required under s. 322.03; or
(b) While his or her driver license or driving privilege is canceled, suspended, or revoked pursuant to s. 316.655, s. 322.26(8), s. 322.27(2), or s. 322.28(2) or (4),

and who by careless or negligent operation of the motor vehicle causes the death of or serious bodily injury to another human being commits a felony of the third degree, punishable as provided in s. 775.082 or s. 775.083.

(7) Any person whose driver license or driving privilege has been canceled, suspended, revoked, or disqualified, or who does not have a driver license or driving privilege but is under suspension or revocation equivalent status, and who drives a commercial motor vehicle on the highways of this state while such license or privilege is canceled, suspended, revoked, or disqualified, or while under suspension or revocation equivalent status, upon:
(a) A first conviction is guilty of a misdemeanor of the first degree, punishable as provided in s. 775.082 or s. 775.083.
(b) A second or subsequent conviction is guilty of a felony of the third degree, punishable as provided in s. 775.082, s. 775.083, or s. 775.084.
(8)(a) Upon the arrest of a person for the offense of driving while the person’s driver license or driving privilege is suspended or revoked, the arresting officer shall determine:
1. Whether the person’s driver license is suspended or revoked, or the person is under suspension or revocation equivalent status.
2. Whether the person’s driver license has remained suspended or revoked, or the person has been under suspension or revocation equivalent status, since a conviction for the offense of driving with a suspended or revoked license.
3. Whether the suspension, revocation, or suspension or revocation equivalent status was made under s. 316.646 or s. 627.733, relating to failure to maintain required security, or under s. 322.264, relating to habitual traffic offenders.
4. Whether the driver is the registered owner or co-owner of the vehicle.
(b) If the arresting officer finds in the affirmative as to all of the criteria in paragraph (a), the officer shall immediately impound or immobilize the vehicle.
(c) Within 7 business days after the date the arresting agency impounds or immobilizes the vehicle, either the arresting agency or the towing service, whichever is in possession of the vehicle, shall send notice by certified mail to any coregistered owners of the vehicle other than the person arrested and to each person of record claiming a lien against the vehicle. All costs and fees for the impoundment or immobilization, including the cost of notification, must be paid by the owner of the vehicle or, if the vehicle is leased, by the person leasing the vehicle.
(d) Either the arresting agency or the towing service, whichever is in possession of the vehicle, shall determine whether any vehicle impounded or immobilized under this section has been leased or rented or if there are any persons of record with a lien upon the vehicle. Either the arresting agency or the towing service, whichever is in possession of the vehicle, shall notify by express courier service with receipt or certified mail within 7 business days after the date of the immobilization or impoundment of the vehicle, the registered owner and all persons having a recorded lien against the vehicle that the vehicle has been impounded or immobilized. A lessor, rental car company, or lienholder may then obtain the vehicle, upon payment of any lawful towing or storage charges. If the vehicle is a rental vehicle subject to a written contract, the charges may be separately charged to the renter, in addition to the rental rate, along with other separate fees, charges, and recoupments disclosed on the rental agreement. If the storage facility fails to provide timely notice to a lessor, rental car company, or lienholder as required by this paragraph, the storage facility shall be responsible for payment of any towing or storage charges necessary to release the vehicle to a lessor, rental car company, or lienholder that accrue after the notice period, which charges may then be assessed against the driver of the vehicle if the vehicle was lawfully impounded or immobilized.
(e) Except as provided in paragraph (d), the vehicle shall remain impounded or immobilized for any period imposed by the court until:
1. The owner presents proof of insurance to the arresting agency; or
2. The owner presents proof of sale of the vehicle to the arresting agency and the buyer presents proof of insurance to the arresting agency.

If proof is not presented within 35 days after the impoundment or immobilization, a lien shall be placed upon such vehicle pursuant to s. 713.78.

(f) The owner of a vehicle that is impounded or immobilized under this subsection may, within 10 days after the date the owner has knowledge of the location of the vehicle, file a complaint in the county in which the owner resides to determine whether the vehicle was wrongfully taken or withheld. Upon the filing of a complaint, the owner or lienholder may have the vehicle released by posting with the court a bond or other adequate security equal to the amount of the costs and fees for impoundment or immobilization, including towing or storage, to ensure the payment of such costs and fees if the owner or lienholder does not prevail. When the vehicle owner or lienholder does not prevail on a complaint that the vehicle was wrongfully taken or withheld, he or she must pay the accrued charges for the immobilization or impoundment, including any towing and storage charges assessed against the vehicle. When the bond is posted and the fee is paid as set forth in s. 28.24, the clerk of the court shall issue a certificate releasing the vehicle. At the time of release, after reasonable inspection, the owner must give a receipt to the towing or storage company indicating any loss or damage to the vehicle or to the contents of the vehicle.
(9)(a) A motor vehicle that is driven by a person under the influence of alcohol or drugs in violation of s. 316.193 is subject to seizure and forfeiture under ss. 932.701-932.7062 and is subject to liens for recovering, towing, or storing vehicles under s. 713.78 if, at the time of the offense, the person’s driver license is suspended, revoked, or canceled, or suspension or revocation equivalent status was imposed, as a result of a prior conviction for driving under the influence.
(b) The law enforcement officer shall notify the Department of Highway Safety and Motor Vehicles of any impoundment or seizure for violation of paragraph (a) in accordance with procedures established by the department.
(c) Notwithstanding s. 932.7055, when the seizing agency obtains a final judgment granting forfeiture of the motor vehicle under this section, 30 percent of the net proceeds from the sale of the motor vehicle shall be retained by the seizing law enforcement agency. The remaining 70 percent of the proceeds shall first be applied to payment of court costs, fines, and fees remaining due, and any remaining balance of proceeds shall be deposited in the General Revenue Fund for use by local workforce development boards in providing transportation services for participants of the welfare transition program. In a forfeiture proceeding under this section, the court may consider the extent that the family of the owner has other public or private means of transportation.
(10)(a) Notwithstanding any other provision of this section, if a person does not have a prior forcible felony conviction as defined in s. 776.08, the penalties provided in paragraph (b) apply if a person’s driver license or driving privilege is canceled, suspended, or revoked, or the person is under suspension or revocation equivalent status, for:
1. Failing to pay child support as provided in s. 322.245 or s. 61.13016;
2. Failing to pay any other financial obligation as provided in s. 322.245 other than those specified in s. 322.245(1);
3. Failing to comply with a civil penalty required in s. 318.15;
4. Failing to maintain vehicular financial responsibility as required by chapter 324;
5. Failing to comply with attendance or other requirements for minors as set forth in s. 322.091; or
6. Having been designated a habitual traffic offender under s. 322.264(1)(d) as a result of suspensions of his or her driver license or driver privilege for any underlying violation listed in subparagraphs 1.-5.
(b)1. Upon a first conviction for knowingly driving while his or her license is suspended, revoked, or canceled, or while under suspension or revocation equivalent status, for any of the underlying violations listed in subparagraphs (a)1.-6., a person commits a misdemeanor of the second degree, punishable as provided in s. 775.082 or s. 775.083.
2. Upon a second or subsequent conviction for the same offense of knowingly driving while his or her license is suspended, revoked, or canceled, or while under suspension or revocation equivalent status, for any of the underlying violations listed in subparagraphs (a)1.-6., a person commits a misdemeanor of the first degree, punishable as provided in s. 775.082 or s. 775.083.
(11)(a) A person who does not hold a commercial driver license and who is cited for an offense of knowingly driving while his or her license is suspended, revoked, or canceled, or while under suspension or revocation equivalent status, for any of the underlying violations listed in paragraph (10)(a) may, in lieu of payment of fine or court appearance, elect to enter a plea of nolo contendere and provide proof of compliance to the clerk of the court, designated official, or authorized operator of a traffic violations bureau. In such case, adjudication shall be withheld. However, no election shall be made under this subsection if such person has made an election under this subsection during the preceding 12 months. A person may not make more than three elections under this subsection.
(b) If adjudication is withheld under paragraph (a), such action is not a conviction.
History.s. 46, ch. 19551, 1939; CGL 1940 Supp. 8135(60); s. 46, ch. 20451, 1941; s. 7, ch. 22858, 1945; s. 1, ch. s. 59-3; s. 214, ch. 71-136; s. 7, ch. 72-175; s. 4, ch. 76-153; s. 69, ch. 88-381; s. 23, ch. 89-282; s. 85, ch. 94-306; s. 941, ch. 95-148; s. 1, ch. 95-202; s. 1, ch. 95-278; s. 40, ch. 97-300; s. 12, ch. 98-223; s. 10, ch. 98-324; s. 108, ch. 99-13; s. 1, ch. 99-234; s. 46, ch. 99-248; s. 85, ch. 2000-165; s. 64, ch. 2008-4; s. 1, ch. 2008-53; s. 5, ch. 2009-206; s. 4, ch. 2010-107; s. 39, ch. 2010-223; s. 5, ch. 2014-225; s. 7, ch. 2016-179; s. 10, ch. 2016-216; s. 12, ch. 2019-167; s. 16, ch. 2021-187.

F.S. 322.34 on Google Scholar

F.S. 322.34 on Casetext

Amendments to 322.34


Arrestable Offenses / Crimes under Fla. Stat. 322.34
Level: Degree
Misdemeanor/Felony: First/Second/Third

S322.34 2 - MOVING TRAFFIC VIOL - RENUMBERED. SEE REC # 9093 - M: S
S322.34 2 - MOVING TRAFFIC VIOL - RENUMBERED. SEE REC # 9094 - M: F
S322.34 2 - MOVING TRAFFIC VIOL - RENUMBERED. SEE REC # 9095 - F: T
S322.34 2 - MOVING TRAFFIC VIOL - REMOVED - F: T
S322.34 2 - MOVING TRAFFIC VIOL - REMOVED - F: T
S322.34 2 - MOVING TRAFFIC VIOL - REMOVED - F: T
S322.34 2a - MOVING TRAFFIC VIOL - DRIV WHILE LIC SUSPEND REVOCATION EQUIV STATUS - M: S
S322.34 2a - MOVING TRAFFIC VIOL - REMOVED - M: S
S322.34 2a - NONMOVING TRAFFIC VIOL - REMOVED - M: F
S322.34 2b - MOVING TRAFFIC VIOL - DWLSR REVOCATION EQUIV STATUS 2ND SUBS OFF - M: F
S322.34 2b - MOVING TRAFFIC VIOL - RENUMBERED. SEE REC #8758 - M: F
S322.34 2c - MOVING TRAFFIC VIOL - DWLSR REVOCATION EQUIV STATUS 3RD SUB VIOL - F: T
S322.34 2c - MOVING TRAFFIC VIOL - RENUMBERED. SEE REC # 8839 - F: T
S322.34 5 - MOVING TRAFFIC VIOL - DRIVE WHILE LIC SUSP HABITUAL OFFENDER - F: T
S322.34 6a - MOVING TRAFFIC VIOL - DRIVE WO LIC CAUSES DEATH/SERIOUS INJURY W VEH - F: T
S322.34 6b - MOVING TRAFFIC VIOL - DRIVE WHILE LIC SUSPENDED DEATH SERIOUS INJURY - F: T
S322.34 7 - MOVING TRAFFIC VIOL - DWLSR REV EQUIV STATUS COMMERICAL VEH 1ST OFF - M: F
S322.34 7 - MOVING TRAFFIC VIOL - DWLSR REV EQUIV STATUS COMMERICAL VEH 2ND SUBQ - F: T
S322.34 7a - MOVING TRAFFIC VIOL - RENUMBERED. SEE REC # 8843 - M: F
S322.34 7b - MOVING TRAFFIC VIOL - RENUMBERED. SEE REC # 8844 - F: T
S322.34 10a - MOVING TRAFFIC VIOL - RENUMBERED. SEE REC # 7161 - M: S
S322.34 10a - MOVING TRAFFIC VIOL - RENUMBERED. SEE REC # 7162 - M: F
S322.34 10b1 - NONMOVING TRAFFIC VIOL - SEE REC #7161 - M: S
S322.34 10b1 - NONMOVING TRAFFIC VIOL - SEE REC #7161 - M: S
S322.34 10b1 - NONMOVING TRAFFIC VIOL - SEE REC #7161 - M: S
S322.34 10b1 - NONMOVING TRAFFIC VIOL - SEE REC #7161 - M: S
S322.34 10b1 - NONMOVING TRAFFIC VIOL - SEE REC #7161 - M: S
S322.34 10b1 - NONMOVING TRAFFIC VIOL - SEE REC #7161 - M: S
S322.34 10b1 - MOVING TRAFFIC VIOL - DWLSR OR REVOCATION EQUIV STATUS - M: S
S322.34 10b2 - NONMOVING TRAFFIC VIOL - SEE REC #7162 - M: F
S322.34 10b2 - NONMOVING TRAFFIC VIOL - SEE REC #7162 - M: F
S322.34 10b2 - NONMOVING TRAFFIC VIOL - SEE REC #7162 - M: F
S322.34 10b2 - NONMOVING TRAFFIC VIOL - SEE REC #7162 - M: F
S322.34 10b2 - NONMOVING TRAFFIC VIOL - SEE REC #7162 - M: F
S322.34 10b2 - NONMOVING TRAFFIC VIOL - SEE REC #7162 - M: F
S322.34 10b2 - MOVING TRAFFIC VIOL - DWLSR OR REVOCATION EQUIV STATUS SUBSQ OFF - M: F


Civil Citations / Citable Offenses under S322.34
R or S next to points is Mandatory Revocation or Suspension

S322.34 (1) Unknowingly operating vehicle while DL SUSPENDED/CANCELED/REVOKED [Can only be used for fail to pay or financial responsibility per 322.34(2)] (Does not apply to HTO/CMV driver - Points on Drivers License: 3
S322.34 (2) Operating while DL SUSPENDED/CANCELED/REVOKED (specify reason) - Points on Drivers License: 0
S322.34 (2)(a) Operating while DL Susp/Canceled/Revoked, 1st conviction - Points on Drivers License: 0
S322.34 (2)(b) Operating while DL Susp/Canceled/Revoked, 2nd conviction - Points on Drivers License: 0
S322.34 (2)(c) Operating while DL Susp/Canceled/Revoked, 3rd or subsequent - Points on Drivers License: 0
S322.34 (5) Operating while DL REVOKED for Habitual Traffic Offender - Points on Drivers License: 0
S322.34 (6)(a) Operating without a DL causing Death or Serious Bodily Injury, Felony of 3rd degree - Points on Drivers License: 0
S322.34 (6)(b) Operating while DL Susp/Canceled/Revoked causing Death or Serious Bodily Injury, Felony of 3rd degree - Points on Drivers License: 0
S322.34 (7) Operating CMV while DL is SUSPENDED/CANCELED/REVOKED/DISQUALIFIED - Points on Drivers License: 0
S322.34 (10)(a) Operating while DL SUSPENDED/CANCELED/REVOKED (specify reason) IF NO PRIOR FORCIBLE FELONY - Points on Drivers License: 0


Annotations, Discussions, Cases:

Cases from cite.case.law:

ODI v. ALEXANDER,, 378 F. Supp. 3d 365 (E.D. Pa. 2019)

. . . provided does not support the emergency nature of her medical condition and meet the criteria in MAH 322.34 . . . (MAH § 322.34.) . . . application "[did] not support the emergency nature of her medical condition and meet the criteria in MAH 322.34 . . . MAH 322.34 refers to the DHS Medical Assistance Eligibility Handbook ("MAH") provision that states, in . . .

L. TAYLOR, v. STATE, 267 So. 3d 1088 (Fla. App. Ct. 2019)

. . . See Gil , 118 So.3d at 798 (holding that dual prosecutions under section 322.34(2) and 322.34(5) are . . .

GOMILLION, DOC v. STATE, 267 So. 3d 502 (Fla. App. Ct. 2019)

. . . negligently causing serious bodily injury while driving on a canceled, suspended, or revoked license, see § 322.34 . . . or negligently operating a motor vehicle while causing death or serious bodily injury under section 322.34 . . .

FUNDERBURK, v. STATE, 264 So. 3d 980 (Fla. App. Ct. 2019)

. . . As a result, the officer arrested appellant for a "violation of F.S.S. 322.34(5), driving while license . . . officer also issued a traffic citation for "DRIVING WHILE LICENSE SUSPENDED OR REVOKED" under section 322.34 . . . body of the information alleged that appellant drove with a revoked license in violation of section 322.34 . . . However, the judgment cites section 322.34(5), Florida Statutes, as the "offense statute number," and . . . The offense of driving with a suspended license is set forth in section 322.34(2), Florida Statutes, . . .

JUNIOR, v. LACROIX,, 263 So. 3d 159 (Fla. App. Ct. 2018)

. . . with a suspended license while an habitual traffic offender, a third degree felony pursuant to section 322.34 . . .

FLOYD, v. STATE, 259 So. 3d 937 (Fla. App. Ct. 2018)

. . . The State charged Floyd with violating section 322.34(5), which provides that "[a]ny person whose driver . . . habitual traffic offender statute, section 322.264, Florida Statutes, is a necessary element of a section 322.34 . . .

G. CURRY, v. STATE, 257 So. 3d 1076 (Fla. App. Ct. 2018)

. . . . § 322.34(5), Fla. Stat. (2004). . . . in Miller held that a defendant, who never obtained a license, could not be convicted under section 322.34 . . . Miller is an evolutionary refinement in how section 322.34(5), Florida Statutes, should be interpreted-not . . .

STRINGFIELD, v. STATE, 254 So. 3d 1127 (Fla. App. Ct. 2018)

. . . Appellant knowingly drove with a suspended or revoked license in violation of and as defined by section 322.34 . . . to knowledge of the cancellation, suspension, or revocation; or the person received notice ...." § 322.34 . . .

UNITED STATES v. PINKHAM, Sr., 896 F.3d 133 (1st Cir. 2018)

. . . . §§ 322.03(1), 322.34(2), 322.39(2), 775.082(4)(b), 775.083(1)(e). . . .

SCOTT, v. STATE, 255 So. 3d 915 (Fla. App. Ct. 2018)

. . . REVERSED and REMANDED with instructions to vacate Appellant's convictions under section 322.34(2)(b), . . .

E. MYERS, v. STATE, 247 So. 3d 78 (Fla. App. Ct. 2018)

. . . Myers was charged with a violation of section 322.34(5), Florida Statutes (2012), which makes it a third-degree . . . Fla. 2017) ("[P]ossession of a driver license is a prerequisite to a conviction pursuant to section 322.34 . . . possessed a driver's license could ever be lawfully charged and convicted of a violation of section 322.34 . . . State, 761 So.2d 417 (Fla. 2d DCA 2000) (upholding a conviction under section 322.34(5) even though the . . . concluding that possession of a driver's license was required to support a conviction under section 322.34 . . .

STATE v. PENA,, 247 So. 3d 61 (Fla. App. Ct. 2018)

. . . license was suspended, he arrested the Defendant for driving while license suspended, in violation of § 322.34 . . .

WILLIAMS, III, v. STATE, 244 So. 3d 356 (Fla. App. Ct. 2018)

. . . (1) or section 322.34(2), Florida Statutes ? . . . See § 322.34(2), Fla. Stat.; see also Finney , 219 So.3d at 256. . . . (1) or section 322.34(2). . . . Unlike section 322.34(2), which speaks only of a "driver license or driving privilege," section 322.34 . . . See § 322.34(6), Fla. . . .

MARSH, a k a v. STATE, 253 So. 3d 674 (Fla. App. Ct. 2018)

. . . manslaughter and DWLS as long as the latter charge was not enhanced for causing death as provided in section 322.34 . . . See § 322.34(6), Fla. Stat. (2014). . . . ." § 322.34(3), Fla. Stat. (1991) (emphasis added); § 322.34(6), Fla. . . .

IN RE STANDARD JURY INSTRUCTIONS IN CRIMINAL CASES- REPORT, 231 So. 3d 384 (Fla. 2017)

. . . 893] and amended in 2017. 28.11 DRIVING WHILE LICENSE SUSPENDED, REVOKED OR CANCELED WITH KNOWLEDGE § 322.34 . . . See § 322.251(1), (2), and§ 322.34,(2), (3),(4), Fla. Stat. . . . See § 322.34(2) and § 322.251(1), (2), Fla. Stat. . . . prmileger Lesser Included Offenses DRIVING WHILE LICENSE SUSPENDED, REVOKED OR CANCELED, WITH KNOWLEDGE — § 322.34 . . .

MCCULLOUGH, v. STATE, 230 So. 3d 586 (Fla. Dist. Ct. App. 2017)

. . . See §§ 316,027(2)(c), .1935(3)(b), 322.34, 782.071(1)(a), 812.014, 843.02, Fla. Stat. (2015). . . . State, 621 So.2d 729, 732 (Fla. 5th DCA 1993) (quoting § 322.34(3), Fla. . . .

SPATCHER, v. STATE, 228 So. 3d 1162 (Fla. Dist. Ct. App. 2017)

. . . See §§ 322.34(5), 775.082(3)(d), Fla. Stat. (2009). . . .

STATE v. MILLER,, 227 So. 3d 562 (Fla. 2017)

. . . Background On May 21, 2014, Daryl Miller was charged with violating section 322.34(5), Florida Statutes . . . Section 322.34(5), Florida Statutes, provides the following:' Any person whose driver license has been . . . Consequently, a person cannot violate section 322.34(5) without ever having obtained a driver license . . . However, statutory construction is inappropriate because section 322.34(5) is not ambiguous. . . . Even if section 322.34(5) were ambiguous as the State contends, the canons of statutory construction . . . case, the State has agreed that even if it were to prevail here and the charged violation of section 322.34 . . . to be reinstated against Miller, it will not continue to prosecute Miller for a violation of section 322.34 . . . The question of whether Miller can be convicted of violating section 322.34(5) therefore is now moot. . . .

FINNEY, v. STATE, 219 So. 3d 254 (Fla. Dist. Ct. App. 2017)

. . . the order denying his motion to dismiss the amended information charging him with violating section 322.34 . . . Background Finney was originally charged with violating section-322.34(5), but the trial court granted . . . The State thereafter filed an amended information charging Finney under section 322.34(2)(c) for driving . . . Finney again moved to dismiss, arguing that he could not be charged under section 322.34(2)(c) because . . . on the fact that such offenders are subject to prosecution under section 322.34(5). . . .

In FORFEITURE OF FORD EXPLORER, No. v. T. M., 203 So. 3d 992 (Fla. Dist. Ct. App. 2016)

. . . section 893.147(1), Florida Statutes (2014), and driving on a suspended license in violation of section 322.34 . . .

TRAINER, v. STATE, 203 So. 3d 191 (Fla. Dist. Ct. App. 2016)

. . . charged and convicted of felony driving with a suspended or revoked license in violation of section 322.34 . . .

C. BALAS, v. STATE, 210 So. 3d 104 (Fla. Dist. Ct. App. 2016)

. . . See § 322.34(6)(b), Fla. Stat. (2010). . . .

PITTS, v. STATE, 199 So. 3d 1106 (Fla. Dist. Ct. App. 2016)

. . . adjudicate her guilty of “[d]riving while license suspended, revoked, canceled, or disqualified,” § 322.34 . . . State, No. 2D14-4680, 2016 WL 3607204, at *6 (Fla. 2d DCA July 6, 2016) (en banc) (“Because sections 322.34 . . . The plain meaning of section 322.34 is that a person may be prosecuted only when his or her driver’s . . .

BURGESS, v. STATE, 198 So. 3d 1151 (Fla. Dist. Ct. App. 2016)

. . . Donald Burgess challenges his conviction and sentence for violating section 322.34(5), Florida Statutes . . . For the reasons that follow, we now recede from Carroll, conclude that a conviction under section 322.34 . . . Burgess argues that we should reconsider our holding in Carroll and hold that section 322.34(5) applies . . . On its face, section 322.34(5) created an offense that can only be committed when a defendant who was . . . The legislature did not do so with respect to section 322.34(5). . . . .

COLON, v. STATE, 199 So. 3d 960 (Fla. Dist. Ct. App. 2016)

. . . Sentence: 304.58 months Jail Credit: 4 days Case 11-1374 Felony Driving with a Suspended License; § 322.34 . . .

STATE v. MILLER,, 193 So. 3d 1001 (Fla. Dist. Ct. App. 2016)

. . . Daryl Miller' was charged with violating section 322.34(5) of the Florida Statutes titled “[d]riving . . . See § 322.34(5), Fla. Stat. (2014). . . . State, 79 So.3d 118, 122 (Fla. 1st DCA 2012) (reversing a conviction under section 322.34(5) and remanding . . . as a matter of law that having, at some time, a Florida driver’s license is an element of a section 322.34 . . . Section 322.34(5), provides: (5) Any person whose driver license has been revoked pursuant to s, 322.264 . . .

UNITED STATES v. BREWER,, 649 F. App'x 934 (11th Cir. 2016)

. . . with a driver’s license that was suspended, cancelled or revoked, in violation of Florida Statute § 322.34 . . .

RIGTERINK, v. STATE, 193 So. 3d 846 (Fla. 2016)

. . . See § 322.34, Fla. . . .

STATE v. SEWARD,, 188 So. 3d 927 (Fla. Dist. Ct. App. 2016)

. . . Florida while his driver’s license was revoked as a habitual traffic offender in violation of section 322.34 . . .

TOSADO, v. STATE, 175 So. 3d 935 (Fla. Dist. Ct. App. 2015)

. . . double jeopardy prohibits dual convictions for driving with a suspended license in violation of section 322.34 . . . 5th DCA 2000) (“In other words, section 322.03(1) is a" necessary lesser included offense of section 322.34 . . .

STATE v. LAINA,, 175 So. 3d 897 (Fla. Dist. Ct. App. 2015)

. . . arrested Appellee for driving with a suspended license as a habitual traffic offender in violation of 322.34 . . .

TUCKER, v. STATE, 174 So. 3d 485 (Fla. Dist. Ct. App. 2015)

. . . See §§ 322.34(2)(a), 948.15(1), Fla. Stat. (2012); Sloan v. . . .

JOHNSON Jr. v. STATE, 168 So. 3d 349 (Fla. Dist. Ct. App. 2015)

. . . of driving while license suspended or revoked (habitual offender revocation), a violation of section 322.34 . . .

WILSON, v. STATE, 168 So. 3d 345 (Fla. Dist. Ct. App. 2015)

. . . suspended, or revoked with two or more previous convictions for the same offense in violation of section 322.34 . . .

JACKSON, v. STATE, 166 So. 3d 195 (Fla. Dist. Ct. App. 2015)

. . . See § 322.34(5), Fla. Stat. (2014). . . .

McKALLY, v. PEREZ,, 87 F. Supp. 3d 1310 (S.D. Fla. 2015)

. . . Pursuant to Florida Statute section 322.34(1), “any person whose driver license or driving privilege . . . Fla. ' Stat. § 322.34(1) (alteration added). . . . Stat. § 322.34(2). . . . While the knowledge element may be critical in securing a conviction under [Florida Statute section] 322.34 . . .

UNITED STATES v. DAVIS, 65 F. Supp. 3d 1352 (M.D. Fla. 2014)

. . . . § 322.34(2). (Doc. 23 p. 4). . . .

REED, v. SECRETARY, FLORIDA DEPARTMENT OF CORRECTIONS, Of, 767 F.3d 1252 (11th Cir. 2014)

. . . . § 322.34(6). . . .

D. PRATER, v. STATE, 161 So. 3d 489 (Fla. Dist. Ct. App. 2014)

. . . See § 322.34, Fla. Stat. (2010). . . . State, 50 So.3d 788, 790 (Fla. 1st DCA 2010); § 322.34(2), Fla. Stat. (2010). . . .

MELVIN, v. STATE, 141 So. 3d 592 (Fla. Dist. Ct. App. 2014)

. . . Tucker, 761 So.2d 1248, 1249 (Fla. 2d DCA 2000) (in DWLSR prosecution under section 322.34, actual physical . . .

PRESTON, Jr. v. GEE,, 133 So. 3d 1218 (Fla. Dist. Ct. App. 2014)

. . . withheld for, driving while the defendant’s driver's license was suspended or revoked in violation of s. 322.34 . . .

In STANDARD JURY INSTRUCTIONS IN CRIMINAL CASES- REPORT NO., 131 So. 3d 720 (Fla. 2013)

. . . A DRIVER’S LICENSE] [WHILE DRIVER’S LICENSE CANCELED, SUSPENDED, OR REVOKED FOR SPECIFIED REASON] § 322.34 . . . OR REVOKED FOR SPECIFIED REASON] — § 322.34(6)(a) or (b) CATEGORY ONE CATEGORY TWO FLA. INS. NO. . . . No Valid Driver’s 322.03 28.9 License if 322.34(6)(a) is charged. . . .

In STANDARD JURY INSTRUCTIONS IN CRIMINAL CASES- REPORT NO., 131 So. 3d 692 (Fla. 2013)

. . . 1981 and amended in 2013. 28.11 DRIVING WHILE LICENSE SUSPENDED, REVOKED OR CANCELED WITH KNOWLEDGE § 322.34 . . . Included Offenses DRIVING WHILE LICENSE SUSPENDED, REVOKED OR CANCELED, LICENSE WITH KNOWLEDGE — § 322.34 . . . 1997 [958 So.2d 361] and 2013. 28.11(a) DRIVING WHILE LICENSE REVOKED AS A HABITUAL TRAFFIC OFFENDER § 322.34 . . .

J. GRIBBLE, v. STATE, 120 So. 3d 153 (Fla. Dist. Ct. App. 2013)

. . . See § 322.34(5), Fla. Stat. (2007). . . .

STATE v. AIDEN,, 118 So. 3d 264 (Fla. Dist. Ct. App. 2013)

. . . In June 2010, Aiden pled guilty to driving as a habitual traffic offender in violation of Section 322.34 . . .

STATE v. COOPER,, 118 So. 3d 270 (Fla. Dist. Ct. App. 2013)

. . . Habitual Traffic Offender, as defined in section 322.264, Florida Statutes (2012), in violation of section 322.34 . . . never been convicted of a forcible felony, the offense must be punished as a misdemeanor under section 322.34 . . . (10), not as a felony under section 322.34(5). . . .

GIL, v. STATE, 118 So. 3d 787 (Fla. 2013)

. . . Stat. § 322.34(5) and Fla. . . . (2) and 322.34(5) are prohibited. . . . Gil cannot be prosecuted under sections 322.34(2) and 322.34(5) for two reasons. . . . Applying the test articulated in Valdes, we conclude that sections 322.34(2) and 322.34(5) qualify as . . . See § 322.34, Fla. Stat. (1995). . . .

THOMPSON, v. STATE, 114 So. 3d 413 (Fla. Dist. Ct. App. 2013)

. . . (DUI impairment with priors), 316.1939(1) (refusal to submit to breathalyzer), 322.34(2)(b) (driving . . .

STATE v. GOMEZ,, 103 So. 3d 258 (Fla. Dist. Ct. App. 2012)

. . . 2011), reducing the charge of unlawful driving as a habitual traffic offender in violation of section 322.34 . . . : The issue is whether the term “[flailing to comply with a civil penalty required in s. 318.15,” § 322.34 . . . Section 322.34(10)(a)3. simply does not say “those offenses contained in section 318.15.” . . .

BROCK, v. DEPARTMENT OF MANAGEMENT SERVICES,, 98 So. 3d 771 (Fla. Dist. Ct. App. 2012)

. . . Keirn, 720 So.2d 1085, 1086 (Fla. 4th DCA 1998) (“a conviction under section 322.34 [, Florida Statutes . . .

J. CANTLON, v. STATE, 98 So. 3d 719 (Fla. Dist. Ct. App. 2012)

. . . Cantlon was also charged with and convicted of driving while his license was suspended under section 322.34 . . .

McKNIGHT, v. STATE, 95 So. 3d 1026 (Fla. Dist. Ct. App. 2012)

. . . . §§ 322.34(5), 322.264, Fla. Stat. (2008). . § 316.193(1), Fla. Stat. (2008). . . .

STATE v. WOODEN,, 92 So. 3d 886 (Fla. Dist. Ct. App. 2012)

. . . dismissing an information for the felony charge of unlawful driving as a habitual offender under section 322.34 . . . See § 322.34(10)(a)3., Fla. Stat. (2011). . . . Section 322.34(10)(a)3. simply does not say “those offenses contained in section 318.15.” . . . Section 322.34(5) provides that ”[a]ny person whose driver’s license has been revoked pursuant to s. . . . Section 322.34(2) provides: Any person whose driver’s license or driving privilege has been canceled, . . .

ANDERSON, v. STATE, 87 So. 3d 774 (Fla. 2012)

. . . See § 322.34(2). . . . Compare § 322.34, Fla. Stat. (1997), with § 322.34(2), Fla. Stat. (1998 Supp.). . . . Ch. 98-223, § 12, at 2109, Laws of Fla.; see also § 322.34, Fla. Stat. (2011). . . . The Fourth District examined the text of section 322.34(2) and its knowledge definition. . . . “received notice” of that suspension as contemplated in section 322.34(4). . . .

UNITED STATES v. RAINNER,, 461 F. App'x 864 (11th Cir. 2012)

. . . . § 322.34(2)(c). . . .

CRAIN, v. STATE, 79 So. 3d 118 (Fla. Dist. Ct. App. 2012)

. . . Section 322.34 sets forth an overall scheme by which the Legislature penalizes individuals who persist . . . See §§ 322.34(1) (prohibiting driving while “driver’s license or driving privilege” canceled, suspended . . . or revoked); 322.34(2) (prohibiting knowingly driving while “driver’s license or driving privilege” . . . canceled, suspended or revoked); 322.34(6) (making it a third degree felony to cause death or serious . . . Or, as provided in section 322.34(10)(a)l, a parent who does not have a driver’s license may lose her . . . argues that, because he never had a Florida driver’s license, his conviction for violating section 322.34 . . . (5), Florida Statutes,” even though section 322.34(5) says nothing about any “driving privilege” distinct . . . Section 322.34(5), the provision under which appellant was convicted of a third-degree felony, does not . . . Crain was convicted of violating section 322.34(5), Florida Statutes (2009) which provides: Any person . . . Nor can it be said that the Legislature “manifestly intended” section 322.34(5) to apply to drivers who . . .

LOTT, v. STATE, 74 So. 3d 556 (Fla. Dist. Ct. App. 2011)

. . . intent to authorize or to prohibit separate punishments for violations of sections 316.192(3)(c)2. and 322.34 . . . (reckless driving) and 322.34(6)(b) (driving with a suspended license), require proof of an element that . . . Section 322.34(6)(b) involves driving without a valid driver’s license that causes death or serious bodily . . . ORFINGER, C.J., and JACOBUS, J., concur. . § 322.34(6)(b), Fla. . . . A violation of section 322.34(6)(b) cannot be a necessarily lesser included offense of reckless driving . . .

UNITED STATES v. OWENS,, 445 F. App'x 248 (11th Cir. 2011)

. . . . § 322.34(2), (10)(b). . . .

FORD, v. STATE, 69 So. 3d 391 (Fla. Dist. Ct. App. 2011)

. . . See §§ 316.1935, 322.34(2)(a), 893.13, and 893.147, Fla. Stat. (2008). . . . .

STATE v. GIL,, 68 So. 3d 999 (Fla. Dist. Ct. App. 2011)

. . . motor vehicle while his driver’s license is revoked as a habitual traffic offender pursuant to section 322.34 . . . Cooke, 767 So.2d 468 (Fla. 4th DCA 1999), that convictions for violation of sections 322.34(2) and (5 . . . The defendant pled guilty to violating section 322.34(2) in county court on October 27, 2009, and then . . . The trial court granted the defendant’s motion, finding that convictions under section 322.34(2) and . . . 322.34(5) would constitute double jeopardy. . . .

SIMON, v. STATE, 82 So. 3d 955 (Fla. Dist. Ct. App. 2011)

. . . See § 322.34, Fla. Stat. (2008). . . . should be categorized as a first-degree misdemeanor and not a third-degree felony in light of section 322.34 . . . This portion of section 322.34 was added shortly before Mr. . . .

NEARY, v. STATE, 63 So. 3d 897 (Fla. Dist. Ct. App. 2011)

. . . a resident of Georgia, may be adjudicated guilty as a habitual traffic offender pursuant to section 322.34 . . . Neary was convicted of violating section 322.34(5), which states: Any person whose driver’s license has . . . qualify as a “habitual traffic offender” under section 322.264 and cannot be convicted under section 322.34 . . . 804 So.2d 480, 483 (Fla. 4th DCA 2001) (“To sum up the requirements for a conviction under section 322.34 . . . status may be used to elevate the offense of driving with a revoked license to a felony under section 322.34 . . .

JOHNSON, v. STATE, 62 So. 3d 1169 (Fla. Dist. Ct. App. 2011)

. . . actually challenged his conviction in lower tribunal case no. 2005CF015334AXX for violating section 322.34 . . . as a habitual offender under section 322.264 are not an element of the offense of violating section 322.34 . . . (5): The violation created by section 322.34(5) does not involve-as an element of the crime-a finding . . . nonexistent because the offenses in question all were committed during the window period when section 322.34 . . . However, the session law in question did not create section 322.34, but merely amended subsection 322.34 . . .

SHIVELY, v. STATE, 61 So. 3d 484 (Fla. Dist. Ct. App. 2011)

. . . See §§ 316.193(1), (4), 322.34(2)(a), 893.13(6)(a), Fla. Stat. (2008). . . .

DEES, v. STATE, 54 So. 3d 644 (Fla. Dist. Ct. App. 2011)

. . . convicted of driving while license revoked as a habitual traffic offender, in violation of section 322.34 . . . Count I); driving while license suspended, revoked or canceled with knowledge, in violation of section 322.34 . . .

LYONS, v. STATE, 56 So. 3d 51 (Fla. Dist. Ct. App. 2011)

. . . See §§ 322.34(2)(c), 775.082(3)(d), Fla. Stat. (2009). . . .

A. FAIRCLOTH, v. STATE, 50 So. 3d 788 (Fla. Dist. Ct. App. 2010)

. . . See § 322.34(2), Fla. . . .

M. WYRICK, v. STATE, 50 So. 3d 674 (Fla. Dist. Ct. App. 2010)

. . . This appeal requires us to interpret sections 322.34(5) and 322.34(10), Florida Statutes (2009), in order . . . Section 322.34(5), Florida Statutes, in turn, makes it a third-degree felony for one whose license is . . . The rub comes because in 2008 the Legislature adopted section 322.34(10)(a)6., Florida Statutes, which . . . states that notwithstanding any other provision of section 322.34, if the offender does not have a prior . . . To understand her argument, it is helpful to examine section 322.34(10) with greater particularity. . . .

ANDERSON, v. STATE, 48 So. 3d 1015 (Fla. Dist. Ct. App. 2010)

. . . of her community control by driving while her license was suspended or revoked contrary to section 322.34 . . . Assuming that section 322.34(2) is intended to provide an exhaustive list of the available methods for . . . concluded that section 322.34(2) contains an exhaustive list of methods of proving knowledge. . . . Section 322.34(3) provides that the court may consider evidence “other than that specified in subsection . . . We do not view the unavailability of the statutory presumption set forth in section 322.34(2) to compel . . .

STATE v. WALTON, a k a III,, 42 So. 3d 902 (Fla. Dist. Ct. App. 2010)

. . . Statutes (2006), and count two, driving while license suspended or revoked, a violation of section 322.34 . . .

R. KIRKLAND, v. STATE, 41 So. 3d 1048 (Fla. Dist. Ct. App. 2010)

. . . serious bodily injury to another human being, Crystal Riley and/or Cynthia Riley, contrary to Section 322.34 . . .

MATTINGLY, v. STATE, 41 So. 3d 1020 (Fla. Dist. Ct. App. 2010)

. . . . § 322.34(2), Fla. Stat. (2009). . . .

RALEIGH, v. STATE, 46 So. 3d 1018 (Fla. Dist. Ct. App. 2010)

. . . See § 322.34(2), (5), Fla. Stat. (2008). . . . To the contrary, as mentioned, violation of section 322.34(2) is a misdemeanor or a felony, depending . . . holding that “Rosenthal’s second DWLS offense was ... subject to a criminal penalty pursuant to section 322.34 . . .

ROBINSON, v. STATE, 41 So. 3d 959 (Fla. Dist. Ct. App. 2010)

. . . of driving with a revoked license was treated as a habitual driving offense for purposes of section 322.34 . . .

LAW, v. STATE, 40 So. 3d 857 (Fla. Dist. Ct. App. 2010)

. . . Appellant, Lamercus Law, appeals his convictions for driving while license revoked pursuant to section 322.34 . . . The state charged Law with a violation of section 322.34(5) as well as driving while impaired. . . . “A conviction under section 322.34(5) simply requires competent evidence showing that the DHSMV maintained . . . designation under section 322.264, then the state has failed to make a prima facie case for a section 322.34 . . .

THOMPSON, v. STATE, 37 So. 3d 939 (Fla. Dist. Ct. App. 2010)

. . . See § 322.34(2)(e), Fla. Stat. (2007). . . .

JOHNSON, v. STATE, 32 So. 3d 728 (Fla. Dist. Ct. App. 2010)

. . . section 322.264(l)(b), Florida Statutes (2006), and thus could not be convicted of violating section 322.34 . . . Section 322.34(2) expressly states that it does not apply to those who have been designated “habitual . . . of the record conclusively refuting the appellant’s claim that he cannot be convicted under section 322.34 . . .

BULLARD, v. STATE, 32 So. 3d 177 (Fla. Dist. Ct. App. 2010)

. . . charged Bullard with driving while license revoked as a habitual traffic offender in violation of section 322.34 . . .

VAUGHAN, v. STATE, 29 So. 3d 423 (Fla. Dist. Ct. App. 2010)

. . . numerous offenses, one of which was felony driving while license suspended, a violation of section 322.34 . . . See § 322.34(1), Fla. Stat. (2008); Thompson v. State, 887 So.2d 1260, 1262 (Fla.2004). . . . Vaughan correctly argues that convictions under section 322.34(1), driving with a suspended license without . . . or revoked, drive a motor vehicle upon the highways of this State, in violation of Florida Statute 322.34 . . .

TURNER a k a v. STATE, 29 So. 3d 361 (Fla. Dist. Ct. App. 2010)

. . . Section 322.34(2)(a) provides that a person whose driver’s license has been suspended who, knowing of . . . suspension, or the person received notice by way of a judgment or order suspending the driver’s license. § 322.34 . . . See § 322.34(2), Fla. Stat.; Brown, 764 So.2d at 744; see also Haygood v. . . . See § 322.34(3), Fla. Stat. . . .

LANGLAIS, v. STATE, 24 So. 3d 766 (Fla. Dist. Ct. App. 2009)

. . . a plea to, and was convicted of Driving While License Suspended, a violation of Florida Statutes § 322.34 . . .

C. CARTER, v. STATE, 23 So. 3d 1238 (Fla. Dist. Ct. App. 2009)

. . . The State Failed to Prove All the Elements of Felony Dñving While License Revoked Under section 322.34 . . . [2] [he] drives any motor vehicle upon the highways of this state while such license is revoked.” § 322.34 . . . designation under section 322.264, then the state has failed to make a prima facie case for a section 322.34 . . .

STATE v. CANTU,, 17 So. 3d 1284 (Fla. Dist. Ct. App. 2009)

. . . The trial court dismissed the information because section 322.34(10), Florida Statutes (2008), makes . . .

V. HAYGOOD, v. STATE, 17 So. 3d 894 (Fla. Dist. Ct. App. 2009)

. . . Under section 322.34, Florida Statutes (2006), it is a crime for any person with a suspended driver’s . . . 2000), the Fourth District addressed whether the state had presented sufficient evidence under section 322.34 . . . pay traffic fines, the presumption that the defendant had knowledge of the suspension under section 322.34 . . . We agree with the reasoning in Brown because it is based on the plain language of section 322.34. . . .

DEATHERAGE, v. STATE, 15 So. 3d 775 (Fla. Dist. Ct. App. 2009)

. . . With the addition of section 322.34(10), a person whose underlying license suspensions or revocations . . . were for violations enumerated in section 322.34(10)(a) will no longer be subject to the third-degree . . . felony penalty as otherwise provided by section 322.34(2)(e) for driving with a suspended license for . . . Instead, under section 322.34(10)(b)(2), a second or subsequent conviction of driving while a license . . . has been suspended or revoked for violations enumerated in section 322.34(10)(a) is now a first-degree . . .

UNITED STATES v. L. WILKERSON,, 334 F. App'x 255 (11th Cir. 2009)

. . . . §§ 322.264, 322.34(5); 18 U.S.C. §§ 7, 13. After review, we affirm. I. . . . Stat. §§ 322.264(l)(d) and 322.34(5) and 18 U.S.C. §§ 7 and 13. . . . See id § 322.34(5). . . . Stat. §§ 322.264(l)(d), 322.34(5), criminalize Wilkerson’s conduct and authorize five years of imprisonment . . .

In FORFEITURE OF CHRYSLER DOOR, IDENTIFICATION NO. v., 9 So. 3d 709 (Fla. Dist. Ct. App. 2009)

. . . See §§ 932.701-.707 and § 322.34(9), Fla. Stat. (2006). . . . . § 322.34(9)(a). Mr. Gainous moved for summary judgment. . . . See § 322.34(2)(a), Fla. Stat. (2006); § 775.083(l)(e). . . .

HORNE, v. STATE, 6 So. 3d 99 (Fla. Dist. Ct. App. 2009)

. . . Driving with license suspended or revoked, § 322.34(5), Fla. Stat. (2004) 05-18021 1. . . .

K. GRIFFIN, v. STATE, 10 So. 3d 165 (Fla. Dist. Ct. App. 2009)

. . . charged in count one with unlawful driving as a habitual traffic offender in violation of subsection 322.34 . . .

UNITED STATES v. QUINTANA, 594 F. Supp. 2d 1291 (M.D. Fla. 2009)

. . . . § § 322.34(1) and 318.13(3); see Thomas v. State, 614 So.2d 468, 470 (Fla.1993). . . . Stat. § 322.34(2) (2008). . . . Stat. § 322.34(2), “[n]o officer has a duty to prove every element of a crime before making an arrest . . .

IBARRONDO, v. STATE, 1 So. 3d 226 (Fla. Dist. Ct. App. 2008)

. . . Finally, specifically as concerns section 322.34(2)(c), while we conclude that it is constitutional, . . . importance, in accordance with rule 9.030(a)(2)(B)(i), Florida Rules of Appellate Procedure: IS SECTION 322.34 . . . that his driving record was insufficient to prove his prior DWLS convictions as required by section 322.34 . . .

BRUCE, v. STATE, 993 So. 2d 155 (Fla. Dist. Ct. App. 2008)

. . . conviction for driving while license suspended (DWLS) for a third time, a third-degree felony under section 322.34 . . . Pursuant to a plea agreement, Appellant pled guilty to felony DWLS under section 322.34(2)(c), Florida . . . Thompson, the Florida Supreme Court found that the defendant’s conviction for felony DWLS under section 322.34 . . . either by having the trial court enter a conviction for first-degree misdemeanor DWLS under section 322.34 . . .

PAUL, v. STATE, 991 So. 2d 404 (Fla. Dist. Ct. App. 2008)

. . . See § 322.34(5), Fla. Stat. (2003). . . .

SANDERS, v. STATE, 992 So. 2d 290 (Fla. Dist. Ct. App. 2008)

. . . See § 322.34(5), Fla. Stat. (2007); Warren v. State, 856 So.2d 1095, 1096 (Fla. 5th DCA 2003). . . .

REVELL, v. STATE, 989 So. 2d 751 (Fla. Dist. Ct. App. 2008)

. . . See § 322.34(5), Fla. Stat. (2003). . . .

KELLY, v. STATE, 987 So. 2d 1237 (Fla. Dist. Ct. App. 2008)

. . . See §§ 316.193(3)(c)(2), 322.34(6), 316.027(l)(a), Fla. Stat. (2004). . . . See § 322.34(6). . . . Section 322.34(6) provides that a person who operates a motor vehicle without a valid license “and who . . .

MORRIS, v. STATE, 988 So. 2d 120 (Fla. Dist. Ct. App. 2008)

. . . Florida Statutes (2006), and driving while license suspended or revoked (“DWLS”), in violation of section 322.34 . . .

WARD, v. STATE, 984 So. 2d 650 (Fla. Dist. Ct. App. 2008)

. . . Loudermilk (count I), Charlie Holt (count II), and Everett Phillips (count III), in violation of section 322.34 . . . holding that “regardless of the number of injured persons, there can only be one conviction under section 322.34 . . . (3) [now 322.34(6) ] arising from a single accident”); see also Melbourne v. . . . 765 (Fla.1996) (explaining that “[t]o allow multiple convictions for a single violation of [section 322.34 . . .

UNITED STATES v. JOHNSON,, 278 F. App'x 985 (11th Cir. 2008)

. . . . § 322.34(2), per 18 U.S.C. §§ 7, 13 (Count Two). . . . As a result, Johnson argues, he was “illegally sentenced” under § 322.34(2), because his license had . . . Stat. § 322.34(2) (emphasis added). While paragraph (2) does not address habitual offenders, Fla. . . . Stat. § 322.34(5). . . . of § 322.34(5), a third-degree felony. . . .

UNITED STATES v. HERNANDEZ- GUIDO,, 277 F. App'x 420 (5th Cir. 2008)

. . . . §§ 320.261 and 322.34(2)(a). . . .