EYVOR A. GOMEZ, APPELLANT,
v.
THE STATE OF FLORIDA, APPELLEE
EYVOR A. GOMEZ, APPELLANT,
THE STATE OF FLORIDA, APPELLEE
621 So. 2d 578
Florida District Court of Appeal, Third District (1993)
Positive Treatment
Cited by 4 cases
Opinion of the Court
SCHWARTZ, Chief Judge.
We entirely agree with the trial court and Freeman v. State, 611 So. 2d 1260 (Fla. 2d DCA 1992), that no double jeopardy violation is involved in the prosecution of a D.U.I. charge after the defendant’s driver’s license has been seized, because of the same conduct, by the arresting officer pursuant to section 322.2615, Florida Statutes (1991). See Smith v. City of Gainesville, 93 So. 2d 105 (Fla.1957).
Affirmed.
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Citator
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Demello Bolware v. State, 995 So. 2d 268 (Fla. 2008)…CA 2004); State Dep’t of Highway Safety & Motor [*275] Vehicles v. Gordon, 860 So. 2d 469, 471 (Fla. 1st DCA 2003); State v. Scibana, 726 So. 2d 793, 794 (Fla. 4th DCA 1999); McDaniel v. State, 683 So. 2d 597, 598 (Fla. 2d DCA 1996); Gomez v. State, 621 So. 2d 578, 579 (Fla. 3d DCA 1993). Therefore, the notion that the revocation of a driver’s license is not punishment is fairly settled law. No one contests that the loss of the driving privilege constitutes a personal hardship. We recognized as much in Smith…
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State v. Murray, 644 So. 2d 533 (Fla. 4th DCA 1994)…, Florida Statutes (1991), and is subsequently brought to trial on a DUI charge. Freeman v. State, 611 So. 2d 1260 (Fla. 2d DCA 1992), rev. denied, 623 So. 2d 493 (Fla.), cert. denied, — U.S. -, 114 S.Ct. 415, 126 L.Ed.2d 361 (1993); Gomez v. State, 621 So. 2d 578 (Fla. 3d DCA 1993). Because the primary purpose of section 322.2615 is to provide an administrative remedy for public protection, and not to punish the offender, a double jeopardy prohibition does not arise. Freeman; Gomez. We therefore answer the s…
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Davidson v. MacKINNON, 656 So. 2d 223 (Fla. 5th DCA 1995)…ibition against double jeopardy); State v. Murray, 644 So. 2d 538 (Fla. 4th DCA 1994) (prosecution for DUI does not violate double jeopardy principles when defendant’s driver’s license has been suspended pursuant to F.S. § 322.2615); Gomez v. State, 621 So. 2d 578 (Fla.3d DCA 1993) (no double jeopardy violation is involved in the prosecution of a DUI charge after a driver’s license has been seized under F.S. § 322.2615 because of the same conduct); Freeman v. State, 611 So. 2d 1260 (Fla.2d DCA 1992), rev. den…
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- Smith v. City OF Gainesville, 93 So. 2d 105 (Fla. 1957)
- Freeman v. State, 611 So. 2d 1260 (Fla. 2d DCA 1992)