Z Law Firm

It has long stood in the State of Florida that anyone over the age of 18-years who was charged with and convicted on a violation of Chapter 893, Florida Statutes, was subject to having their driving privileges suspended for a period of two-years. That meant that anyone who was convicted of possession or sale of, trafficking in, or conspiracy to possess, sell, or traffic in a controlled substance was subject to the two-year suspension.   However, now following the 2014 Legislative Session, we have seen a change that can be found in the wording of Florida Statute §322.055 that details the license revocation period for persons over the age of 18 who have been convicted of alcohol, drug and tobacco offenses. Now, if you are over the age of 18 and are convicted of a violation of Chapter 893, Florida Statutes, you are now subject to a license suspension of one-year. www.zlawfirmfl.com  

The Fourth Amendment is still alive.   In a unanimous decision (9 – 0 for those of you keeping score), the United States Supreme Court held that law enforcement may not search the cell phones of criminal suspects upon arrest without a warrant.   The justices said smart phones and other electronic devices were not in the same category as wallets, briefcases, and vehicles -- all currently subject to limited initial examination by law enforcement. The issue arose following the arrests and subsequent conviction of defendants in Massachusetts and California.   In these cases, United States v. Wurie , No. 13-212 and Riley v. California , No. 13-132, the defendants were convicted, in part, after phone numbers, text messages, photos and addresses obtained from personal electronic devices linked them to drug and gang activity.   Those cases were appealed to the high court, giving it an opportunity to re-enter the public debate over the limits of privacy rights, with...

The issue of whether you can be charged with both misdemeanor driving while license suspended in violation of section 322.34(2) and felony driving while license suspended in violation of section 322.34(5).  This issue was addressed in Pedro Gil v. State of Florida, No. SC11-1983 (July 11, 2013).   On October 6, 2009, Pedro Gil was stopped in Miami-Dade County for speeding. Gil informed the officer that his driver’s license was suspended, and Gil was then arrested. For purposes of this case, the arrest report listed the following charges: driving with a suspended license (DWLS), in violation of section 322.34.   On October 27, 2009, Gil pled nolo contendere to the misdemeanor DWLS charge in a county court and was adjudged guilty of this charge. Gil was sentenced to six months’ probation and two hundred hours of community service, plus the payment of $358. On the same day, the State Attorney for the Eleventh Judicial Circuit filed an information that charged Gil with ...