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Mar162016

Hastings v. State (Fla. 9th Circuit Court, 2015)

The defendant was convicted of speeding, and the trial court suspended his license for 120 days, followed by a six-month restriction limited to a business-purposes-only license. He was also ordered to pay a fine and court costs. He filed a motion for rehearing and arrest of judgment, arguing that the license suspension was an illegal penalty. The trial court denied the motion, but the circuit court, in its appellate capacity, agreed with the defendant and reversed, noting that violations of section 316.189, Florida Statutes, "must be cited as a moving violation, punishable as provided in chapter 318," and that chapter 318 does not include license suspension as a penalty for violating section 316.189(2).