Florida Statute § 322.055(1) provides that after a conviction for a crime involving the possession of a controlled substance (even including a misdemeanor involving marijuana), the court SHALL direct the department to revoke the driver's license or driving privilege of the person. The Court has no discretion in this matter and must enter this mandatory suspension directive.

The court is not authorized to suspend a driver's license as part of probation under section 948.01(3)(a) and 322.055(1). Instead, the court must direct the DHSMV to revoke appellant's driving privilege for a period of one (1) year.

Section 322.055(1) requires an individual to go through rehabilitation program before having his license reinstated unless the court orders DHSMV to issue a BPO license (as defined in Section 322. 271). Alternatively, the trial court may order as a condition of probation, that [defendant] not drive a motor vehicle for a period of one year..

Prior to obtaining the BPO license, section 322.271 requires an individual to take a substance abuse education class.Contact me today so we can discuss the details of your case.