Gomez v. State

Jul 27, 1993
92-2519
Reporters:
,
Before:
Schwartz, Barkdull, Cope

SCHWARTZ, Chief Judge.

We entirely agree with the trial court and Freeman v. State, 611 So.2d 1260 (Fla. 2d DCA 1992), that no double jeopardy violation is involved in the prosecution of a D.U.I. charge after the defendant‘s driver‘s license has been seized, because of the same conduct, by the arresting officer pursuant to section 322.2615, Florida Statutes (1991). See Smith v. City of Gainesville, 93 So.2d 105 (Fla. 1957).

Affirmed.