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STATE, DEPT. OF HIGHWAY SAFETY v. VOGT

No. 85-1429.

489 So.2d 1168 (1986)

STATE of Florida, DEPARTMENT OF HIGHWAY SAFETY and MOTOR VEHICLES, Appellant, v. David Lee VOGT, Appellee.

District Court of Appeal of Florida, Second District.

Rehearing Denied June 23, 1986.

Attorney(s) appearing for the Case

Enoch J. Whitney, Gen. Counsel, and Suzanne G. Printy, Asst. Gen. Counsel, Tallahassee, for appellant.

Harold R. Busch of Steves, Busch & Cole, Sarasota, for appellee.

DANAHY, Judge.

The County Court for Sarasota County certified the following question to this court as one of great public importance:

WHETHER, WHEN A COUNTY JUDGE HAS DECLARED THAT A PRIOR CONVICTION FOR DRIVING UNDER THE INFLUENCE CANNOT BE USED TO ENHANCE THE PENALTIES CONCERNING SUSPENSION AND REVOCATION OF LICENSES AS PRESCRIBED IN SECTION 322.28, FLORIDA STATUTES (1984), AND WHEN THE JUDGE TREATS A DEFENDANT AS A, "FIRST TIME OFFENDER", AND SUSPENDS...

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