State v. Locke

The State appeals from an order granting the defendant’s motion to dismiss charges of driving while intoxicated in violation of section 316.1931(2)(b), Florida Statutes (1985). We affirm.

Under section 316.1931(2)(b) an individual may be charged with a felony for operating a vehicle while intoxicated and causing serious bodily injury to another if any one of three conditions is met; the offender: “1. Had a suspended or revoked driver’s license; 2. Was a habitual traffic offender as defined in § 322.264; or 3. Had been previously convicted of a violation of this subsection.” § 316.1931(2)(b),…