4D06-2291-Lescher v. Department of Highway Safety and Motor Vehicles

State: Florida

Court: Florida Southern District Court

Docket No: 4D06-2291.op

Case Date: 12/20/2006

Plaintiff: 4D06-2291-Lescher

Defendant: Department of Highway Safety and Motor Vehicles

Preview:DISTRICT COURT OF APPEAL OF THE STATE OF FLORIDA
FOURTH DISTRICT
July Term 2006

JAMES LESCHER, Petitioner, v. DEPARTMENT OF HIGHWAY SAFETY AND MOTOR VEHICLES, Respondent. No. 4D06-2291 [December 20, 2006] PER CURIAM. Petitioner's Florida driver's license was permanently revoked on December 1, 2000, based on his four prior DUI convictions. He applied for reinstatement of his license on hardship grounds on August 3, 2005, as authorized by a statute which is no longer in effect. His application was denied administratively and upheld by the circuit court. We deny his petition for certiorari. In the past, section 322.271(4), Florida Statutes, authorized a person whose license had been revoked for four or more DUI's to seek a hardship license after five years of revocation of the license. That provision was eliminated by Chapter 98-223, Laws of Florida, in 1998; but Chapter 98-223 was later held unconstitutional for violating the single subject requirement of the Florida Constitution. Art. III,

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