Legal Opinion

Law v. State

District Court of Appeal of Florida

Decided July 14, 2010No. 4D08-4063Published

1Opinion of the CourtWarner, J.

Appellant, Lamercus Law, appeals his convictions for driving while license revoked pursuant to section 322.34(5), Florida Statutes, and DUI impairment. We affirm on all issues, but write to correct a misreading of State v. Byrd, 969 So.2d 581 (Fla. 4th DCA 2007), involving the use of redacted records maintained by the Department of Highway Safety and Motor Vehicles (“DHSMV’).

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 a record on the…

2Cases cited6 opinions

  1. State v. DiGuilioSupreme Court of Florida · 1986
  2. Patterson v. StateDistrict Court of Appeal of Florida · 2006
  3. Collier v. StateDistrict Court of Appeal of Florida · 1997
  4. Herrera v. StateDistrict Court of Appeal of Florida · 2004
  5. Dauzat v. State, Department of Transportation & DevelopmentLouisiana Court of Appeal · 2010

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