NEARY v. STATE

No. 5D09-1144.

63 So.3d 897 (2011)

Michael NEARY, Appellant, v. STATE of Florida, Appellee.

District Court of Appeal of Florida, Fifth District.

June 17, 2011.


Attorney(s) appearing for the Case

James S. Purdy , Public Defender, and Robert E. Wildridge , Assistant Public Defender, Daytona Beach, for Appellant.

Pamela Jo Bondi , Attorney General, Tallahassee, and Douglas T. Squire , Assistant Attorney General, Daytona Beach, for Appellee.


SAWAYA, J.

The issue we must resolve is whether Michael Neary, who is a resident of Georgia, may be adjudicated guilty as a habitual traffic offender pursuant to section 322.34(5), Florida Statutes, for driving with a revoked license based on Neary's classification in Georgia as a habitual traffic violator. Because the driving records that were utilized to classify Neary as a habitual traffic offender were not maintained by the Florida Department of Highway Safety...

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