Does a juvenile lose their driver’s license when charged with **** paraphernalia in their vehicle?

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Does a juvenile lose their driver’s license when charged with **** paraphernalia in their vehicle?

Asked on May 5, 2009 under Criminal Law, Florida

Answers:

MD, Member, California Bar / FreeAdvice Contributing Attorney

Answered 15 years ago | Contributor

A juvenile definitely can based on the severity of the crime, previous charges and convictions, and probation conditions.  Try talking with your public defender about your specific situation and possible outcomes.  If you prefer private counsel, try www.attorneypages.com.

In terms of the law, this particular violation is a misdemeanor:

893.147  Use, possession, manufacture, delivery, transportation, or advertisement of drug paraphernalia.--

(1)  USE OR POSSESSION OF DRUG PARAPHERNALIA.--It is unlawful for any person to use, or to possess with intent to use, drug paraphernalia:

(a)  To plant, propagate, cultivate, grow, harvest, manufacture, compound, convert, produce, process, prepare, test, analyze, pack, repack, store, contain, or conceal a controlled substance in violation of this chapter; or

(b)  To inject, ingest, inhale, or otherwise introduce into the human body a controlled substance in violation of this chapter.

Any person who violates this subsection is guilty of a misdemeanor of the first degree, punishable as provided in s. 775.082 or s. 775.083.

 

775.083  Fines.--

(1)  A person who has been convicted of an offense other than a capital felony may be sentenced to pay a fine in addition to any punishment described in s. 775.082; when specifically authorized by statute, he or she may be sentenced to pay a fine in lieu of any punishment described in s. 775.082. A person who has been convicted of a noncriminal violation may be sentenced to pay a fine. Fines for designated crimes and for noncriminal violations shall not exceed:

(a)  $15,000, when the conviction is of a life felony.

(b)  $10,000, when the conviction is of a felony of the first or second degree.

(c)  $5,000, when the conviction is of a felony of the third degree.

(d)  $1,000, when the conviction is of a misdemeanor of the first degree.

(e)  $500, when the conviction is of a misdemeanor of the second degree or a noncriminal violation.

(f)  Any higher amount equal to double the pecuniary gain derived from the offense by the offender or double the pecuniary loss suffered by the victim.

(g)  Any higher amount specifically authorized by statute.

Fines imposed in this subsection shall be deposited by the clerk of the court in the fine and forfeiture fund established pursuant to s.
142.01. If a defendant is unable to pay a fine, the court may defer payment of the fine to a date certain.

(2)  In addition to the fines set forth in subsection (1), court costs shall be assessed and collected in each instance a defendant pleads nolo contendere to, or is convicted of, or adjudicated delinquent for, a felony, a misdemeanor, or a criminal traffic offense under state law, or a violation of any municipal or county ordinance if the violation constitutes a misdemeanor under state law. The court costs imposed by this section shall be $50 for a felony and $20 for any other offense and shall be deposited by the clerk of the court into an appropriate county account for disbursement for the purposes provided in this subsection. A county shall account for the funds separately from other county funds as crime prevention funds. The county, in consultation with the sheriff, must expend such funds for crime prevention programs in the county, including safe neighborhood programs under ss. 163.501-163.523.

(3)  The purpose of this section is to provide uniform penalty authorization for criminal offenses and, to this end, a reference to this section constitutes a general reference under the doctrine of incorporation by reference.

History.--s. 4, ch. 71-136; s. 6, ch. 74-383; s. 1, ch. 77-97; s. 1, ch. 77-174; s. 1, ch. 96-408; s. 1810, ch. 97-102; s. 117, ch. 2003-402.


IMPORTANT NOTICE: The Answer(s) provided above are for general information only. The attorney providing the answer was not serving as the attorney for the person submitting the question or in any attorney-client relationship with such person. Laws may vary from state to state, and sometimes change. Tiny variations in the facts, or a fact not set forth in a question, often can change a legal outcome or an attorney's conclusion. Although AttorneyPages.com has verified the attorney was admitted to practice law in at least one jurisdiction, he or she may not be authorized to practice law in the jurisdiction referred to in the question, nor is he or she necessarily experienced in the area of the law involved. Unlike the information in the Answer(s) above, upon which you should NOT rely, for personal advice you can rely upon we suggest you retain an attorney to represent you.

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