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 12 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.


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