Arizona Revised Statutes Title 17 2013: Game and Fish
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Article 2 Licenses License or proof of purchase required; violation of child support order Form and content of license; duplicate licenses; transfer of license prohibited; exceptions; period of validity License classifications; fees; reduced-fee and complimentary licenses; annual report; review Article 3 Trappers, Guides, Taxidermists and Fur Dealers Trappers; licensing; restrictions; duties; reports Guide license; violations; annual report Practice of taxidermy; registration required; rules; register; revocation; suspension; civil penalty Fur dealer's license; records; reports.
Article 4 Transportation and Storage Transportation, possession and sale of wildlife and wildlife parts Shipment by common carrier Storage; exception. Article 1 Restoration Projects Definitions Acceptance of federal aid acts Restoration projects Acquisition of lands Acceptance of grants Revolving fund; appropriation; purpose and reimbursement Acquisition of lands by United States for migratory bird conservation.
Article 2 Fish Hatching and Fish Culture Right to conduct fish hatching and culture; limitations. Article 3 Wildlife Habitat Protection Definitions Restrictions on motor vehicle use; recommendations; agreements; rules Notices of restrictions; posting; publication Prohibition against vehicle travel Exceptions Expenditure of funds; source; functions Enforcement of article Violations; classification. Article 4 Wildlife Habitat Restoration and Enhancement Fund Wildlife habitat restoration and enhancement fund; commission duties.
Article 5 Use of Aquatic Poisons Application of aquatic poisons; analysis; notice; exceptions. Article 6 Livestock Loss Board Livestock loss board; members; terms; compensation; annual report; board termination Powers and duties Livestock compensation fund; exemption. Police helicopter pilots have been shined by laser pointers while providing air support during police raids.
Consequently, they leave such raids, endangering the safety of the police officers in the ground. Another unscrupulous act is using a laser pointer to intimidate or threaten a law enforcement officer. Likewise, other emergency service officers such as paramedics and firefighters, to name a few, have been victims of this kind of attack. The situation worsens when such attack takes place while they are operating a motor vehicle, given that their reaction when feeling threatened may jeopardize their safety and that of others. Currently, aiming a laser pointer at an aircraft constitutes a federal crime.
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Also, states such as South Carolina, Georgia, and Washington, among others, have enacted laws that criminalize aiming a laser pointer at an aircraft, motor vehicle, and law enforcement officers. The purpose of legislative initiatives taken in the Island is to provide additional tools to prosecute these offenses at both the Federal and the State levels. However, Puerto Rico does not have a statute prohibiting the indiscriminate use of these devices; thus, the malicious use thereof usually goes unpunished.
Therefore, in order to deal with the misuse of laser pointers, the Legislative Assembly deems it necessary to classify the emission of laser beams in certain circumstances as an offense. For purposes of this Act, serious bodily harm means an injury that requires hospitalization, long-term treatment, or causes permanent or mutilating injuries.
If a person aims a laser pointer in the circumstances stated in subsections a , b , c , or d , such person shall be prosecuted in accordance with the provisions of the Penal Code of the Commonwealth of Puerto Rico. Section 5. Such agencies shall also cooperate with Federal authorities in the investigation and prosecution of the persons who committed such offense.
Section 6. Section 7. An amended version passed the House 81 to 8 on April 18 However, if it passes the Senate and is signed by the Governor, then it would become law. LaserPointerSafety has ongoing coverage of South Carolina laws. Barfield, Clemmons and Sandifer S. Read the first time February 26, The following is the text of the Myrtle Beach City Council's ordinance to prohibit possession of laser pointers by minors. This was passed September 22 Ordinance violation would be a misdemeanor.
Pointers used in prohibited ways subject to confiscation. Return would have to be ordered by courts. No changes since 1st reading. Issues: Real laser pointers are used as targeting devices for firearms. City received numerous complaints this summer from individuals who were targeted by laser pointers. In the ordinance codified in this chapter, the following words and terms shall have these defined meanings: "Laser pointer" means any hand-held device containing a small diode laser that is capable of emitting an intense beam of light.
It shall be unlawful for any minor to possess a laser pointer except within the permanent residence of that minor b. It shall be unlawful for any person to knowingly sell, offer to sell, lease, give or otherwise provide a laser pointer to a minor, except as otherwise permitted by this section. The provisions of subsections a and b do not apply if: -- c1. The laser pointer is temporarily transferred to the minor for an educational or other lawful purpose and the minor is under the direct supervision of a parent, legal guardian, teacher, employer or other responsible person eighteen years of age or older; or -- c2.
The minor's possession of the laser pointer is necessary for his or her employment, trade or occupation and it is necessary for the laser pointer to be carried on his or her person. It shall be unlawful for any person to direct the light from a laser pointer into the eye or eyes of another person from or to public or private property at any time. It shall be unlawful for any person to direct the light from a laser pointer upon another person, a person's vehicle, or upon an animal, in such a manner as to unreasonably cause harassment to that person, a motorist, or animal. It shall be unlawful for any person to direct the light from a laser pointer at any person or object on public or private beaches, public lands, parks, street, alley or public ways.
It shall be unlawful for any person to direct the light from a laser pointer at any airplane or helicopter. Any person violating any of the provisions of this chapter shall be guilty of a misdemeanor and, upon conviction thereof, shall be punished as the law allows for a misdemeanor crime. Any laser pointer found upon the person of a minor, or used by any person in a prohibited manner may be immediately seized by law enforcement, and a Court of competent jurisdiction shall determine the temporary or permanent nature of the confiscation.
This ordinance shall become effective upon adoption. Below is the laser pointer law for the city of North Myrtle Beach as of September 17 The ordinance was significantly revised in February and therefore the text below is NOT the current as of April North Myrtle Beach ordinance. It is listed below for historical reference purposes.
The following words or phrases, as used in this chapter, shall have the following respective meanings as set out in this section, unless a different meaning clearly appears from the context: Handheld means any light emitting device whose longest dimension is 15 inches or less. High divergence refers to the rapid spreading out of laser light in such a manner as to avoid concentration of such light into a beam. Laser means is a device that emits light through a process of optical amplification based on the stimulated emission of photons. Laser pointer means a battery-powered portable handheld device that emits visible laser light in a narrow beam.
Laser pico projectors and other high-divergence laser light sources are not included in this definition. Pico projector means a small-format projector that can be used as a standalone projector or as an integrated component in mobile devices, and uses the same technology that powers standard projectors for purposes of projecting images or videos or other similar displays onto a surface.
Portable laser means any laser light emitting device that is not affixed to an immovable base, or any component of a fixed device that can be separated from its base and activated. Structure means anything constructed, erected or established, including but not limited to swimming pools, buildings, trailers, screened enclosures, patio walls, decks, or similar man-made features. It shall be unlawful to utilize a laser pointer in any of the following manners: -- 1 Aiming the beam at or into a structure or any portion thereof in such a manner as to be visible from the inside of the structure.
Nothing in this ordinance shall be deemed to preclude the legitimate use of laser pointing devices by law enforcement personnel in the discharge of their duties. This law was apparently signed by Tennessee's governor on June 9, This act shall take effect July 1, , the public welfare requiring it. Use of Laser Pointers a A person commits an offense if the person knowingly directs a light from a laser pointer at a uniformed safety officer, including a peace officer, security guard, firefighter, emergency medical service worker, or other uniformed municipal, state, or federal officer.
Added by Acts , 78th Leg. Added by Acts , 80th Leg. September 1, Unlawful use of a laser pointer -- Definitions -- Penalties. Violation of Subsection 2 b is a class C misdemeanor. Enacted by Chapter 67, General Session. Virginia code 5. Johnson, who unsuccessfully argued that he had no intent to interfere with the helicopter; he wanted to view its registration number for a noise complaint.
He also unsuccessfully argued that the spotlight did not interfere with the operation of the aircraft.
Arizona Revised Statutes
Note: The blue text below was added in HB 87 passed March 7 and was signed into law March The blue text amendments go into effect July 1 Interference with operation of aircraft; penalties; venue. Any person who interferes with or threatens to interfere with the operation of any aircraft, unless he is authorized by the Federal Aviation Administration or the armed forces of the United States , on or over the territory of the Commonwealth shall be guilty of a Class 1 misdemeanor.
Where the act or acts of interference or threatened interference are of such a nature as to endanger the life of the aircraft's operator or the life of any other person, the person interfering or threatening to interfere shall be guilty of a Class 6 felony. Any person who knowingly and intentionally projects a point of light from a laser, laser gun sight, or any other device that simulates a laser at an aircraft is guilty of a Class 1 misdemeanor. Venue for the issuance of a warrant for the arrest and trial of any such person is hereby conferred upon any court having criminal jurisdiction in the political subdivision in the Commonwealth where the aircraft either took off prior to such offense, or where it lands or comes to rest subsequent to such offense, or in or over which the offense occurred.
Pointing laser at law-enforcement officer unlawful; penalty. If any person, knowing or having reason to know another person is a law-enforcement officer as defined in From Justia. The copy here is not signed, but this does appear to be an ordinance which passed and still applies in Virginia Beach, Virginia. Interestingly, it appears to be one of the few "laser laws" which also applies to a flashlight.
An ordinance to amend the city code by adding a new section prohibiting any person from directing the beam from a laser pen, flashlight or similar device into the eyes of another person. See also stories about the city of Virginia Beach in wanting the state to make aiming at aircraft illegal.
The legislature finds that lasers are becoming both less expensive and more accessible in our technologically advanced society. Laser devices are being used by individuals in a manner so as to intimidate and harass. This creates an especially serious problem for law enforcement officers who reasonably believe they are the target of a laser sighting device on a firearm.
Additionally, emergency service providers, service providers, and others who operate aircraft or motor vehicles may be negatively affected to the point of jeopardizing their safety as well as the safety of others. In order to address the misuse of lasers, the legislature hereby finds it necessary to criminalize the discharge of lasers under certain circumstances. The definitions in this section apply throughout this chapter unless the context clearly requires otherwise. Unlawful discharge of a laser in the first degree or second degree is a civil infraction if committed by a juvenile who has not before committed either offense.
The monetary penalty imposed upon a juvenile may not exceed one hundred dollars. This chapter does not apply to the conduct of a laser development activity by or on behalf of the United States armed forces. If the person is charged with violating both sub. If the person is found guilty of both sub. History: a. Laser Laws in the U. From HomeSchoolJournal. We have not evaluated the information for accuracy ; it is presented as a research starting point.
Thanks to Ron and Andrea, who originally published this. In the last few years their have been several crackdowns on lasers in the U. There is also a reliable website that deals with laser safety if you want to see it click here. Aiming a laser pointer at a peace officer; classification; definition A. A person commits aiming a laser pointer at a peace officer if the person intentionally or knowingly directs the beam of light from an operating laser pointer at another person and the person knows or reasonably should know that the other person is a peace officer.
Sale of laser light to minor a It is unlawful to sell a hand-held laser pointer to a person under eighteen 1 years of age. Possession of hand-held laser pointers by minors a It is unlawful for a person under eighteen 1 years of age to possess a hand-held laser pointer without the supervision of a parent, guardian, or teacher. Policies regarding seizure of hand-held laser pointers in possession of students Each school district shall adopt a policy providing for the seizure by school personnel of hand-held laser pointers in the possession of students Note: These laws pertain to laser pointers.
The Department of Health may: a Develop a program for registration of laser devices and uses and of identifying and controlling sources and uses of other nonionizing radiations. It shall be unlawful to sell or furnish a laser pointing device to any minor. It shall be unlawful for any minor to possess a laser pointing device.
Aiming a laser pointer at a peace officer. Aiming a laser pointer at a peace officer is a Class A misdemeanor.
These are the laws re laser pointers. There are other laws governing the use of other types of lasers. This chapter does not apply to the use of a laser pointer: 1 for educational purposes by individuals engaged in an organized meeting or training class; or 2 during the normal course of work or trade activities. Laws do regulate use in medicine, cosmetology, and other areas. Laws do regulate non-pointer uses. Unlawful use of a laser on a police officer A. Unlawful use of a laser on a police officer is the intentional projection of a laser on or at a police officer without consent of the officer when the offender has reasonable grounds to believe the officer is a police officer acting in the performance of his duty and that the officer will be injured, intimidated, or placed in fear of bodily harm.
Whoever commits the crime of unlawful use of a laser on a police officer shall be fined not more than five hundred dollars or imprisoned not more than six months, or both. Criminal use of laser pointers 1. A person is guilty of criminal use of a laser pointer if the person intentionally, knowingly or recklessly points a laser pointer at another person, while the laser pointer is emitting a laser beam, and: A. Causes bodily injury to that other person. Violation of this paragraph is a Class D crime; B. That other person is a law enforcement officer in uniform. Violation of this paragraph is a Class D crime; or C.
Causes a reasonable person to suffer intimidation, annoyance or alarm. Violation of this paragraph is a Class E crime. As part of every judgment of conviction and sentence imposed, every laser pointer that constitutes the basis for conviction under this section must be forfeited to the State and the court shall so order, unless another person can satisfy the court prior to the judgment and by a preponderance of the evidence that such other person had a right to possess the laser pointer, to the exclusion of the defendant, at the time of the offense.
Scope of section b This section may not be construed to apply to the use of a laser pointer: 1 for educational purposes by individuals engaged in an organized meeting or training class; or 2 during the normal course of work or trade activities. Laser equipment; rules and regulations; penalties for violation The department may from time to time, after a public hearing, adopt, alter or repeal such rules and regulations relative to the use of laser systems, devices or equipment as it shall deem necessary to protect the public from the hazards of laser rays or beams, with penalties for the violation thereof not exceeding five hundred dollars for any particular offense.
Such rules and regulations may require the registration of said systems, devices or equipment. This section shall not be construed as limiting the powers of the department of labor and industry under the provisions of chapter one hundred and forty-nine relative to the prevention of accidents or injuries to employees. Special firearm hunting seasons for physically disabled Subdivision 1. Establishment; requirements. The commissioner may establish criteria, special seasons, and limits for persons who have a physical disability to take big game and small game with firearms and by archery in designated areas.
A person hunting under this section who has a physical disability must have a verified statement of the disability by a licensed physician and must be participating in a program for physically disabled hunters sponsored by a nonprofit organization that is permitted under subdivision 2. A license is not required for a person to assist a physically disabled person hunting during a special season under this section.
Permit for organization; laser sights. The assisted hunting opportunity may take place: 1 in areas designated by the commissioner under subdivision 1; or 2 on private property or a licensed shooting preserve. Any person who knowingly shines the beam of a laser pointing device at an occupied motor vehicle, window, or person shall be guilty of a violation and the laser pointing device shall be forfeited upon conviction.
Notwithstanding the provisions of paragraph I, any person who knowingly shines the beam of a laser pointing device at a law enforcement officer or law enforcement vehicle shall be guilty of a class A misdemeanor and the laser pointing device shall be forfeited upon conviction. Nothing in this section shall be construed so as to limit the use of medical lasers by qualified medical personnel, or construction lasers used by construction personnel, or laser devices utilized by law enforcement personnel in the performance of their official duties. He or she intentionally places or attempts to place another person in reasonable fear of physical injury, serious physical injury or death by displaying a deadly weapon, dangerous instrument or what appears to be a pistol, revolver, rifle, shotgun, machine gun or other firearm; or 2.
He or she repeatedly follows a person or engages in a course of conduct or repeatedly commits acts over a period of time intentionally placing or attempting to place another person in reasonable fear of physical injury, serious physical injury or death; or 3. He or she commits the crime of menacing in the third degree in violation of that part of a duly served order of protection, or such order which the defendant has actual knowledge of because he or she was present in court when such order was issued, pursuant to article eight of the family court act, section Menacing in the second degree is a class A misdemeanor.
NOTE: One may be properly charged with menacing in second degree for shining laser beam, typically used as sighting device on firearms, at another person; shining of laser beam onto person where source of beam is not visible reasonably could be perceived by intended victim as display of firearm. People v. Brown, , Misc. Use of a laser device towards an aircraft a Any person who, willfully points a laser device at an aircraft, while the device is emitting a laser beam, and while the aircraft is taking off, landing, in flight, or otherwise in motion, is guilty of a Class H felony.
Other laws regulate laser speed traps, industrial use, and medical use. Laws do regulate medical and industrial use. Crimes—Procedure B Whoever violates this section is guilty of interfering with the operation of an aircraft with a laser, a felony of the second degree. Short title—Penalties—Definitions A. As used in this section: 1. Crimes and Punishments Unlawful directing of light from a laser pointer 1 A person commits the offense of unlawful directing of light from a laser pointer if the person knowingly directs light from a laser pointer at another person without the consent of the other person and the other person is: a A peace officer as defined in ORS Devices prohibited.
A person who is out of this state when his or her license expires may be issued a day temporary driving permit without reexamination. At the end of the day period, the person must either return to this state or apply for a license where the person is located, except for a member of the Armed Forces as provided in s.
Contributions made pursuant to this subsection shall be deposited into the Grants and Donations Trust Fund of the Department of Children and Families and used by the State Office on Homelessness to supplement grants made under s. For the purpose of applying the service charge provided in s. A written request to the department must include the old and new addresses and the driver license or identification card number.
Any person who has a valid, current student identification card issued by an educational institution in this state is presumed not to have changed his or her legal residence or mailing address. This subsection does not affect any person required to register a permanent or temporary address change pursuant to s. The possession of such an application form, whether filled out or in blank, or of a counterfeit thereof, not authorized by the department or its personnel constitutes a misdemeanor of the second degree, punishable as provided in s.
Records of convictions of a person holding a foreign license shall be maintained by the department if the uniform traffic citation indicates an address located in this state. The release by the department of the driver history record, with respect to crashes involving a licensee, shall not include any notation or record of the occurrence of a motor vehicle crash unless the licensee received a traffic citation as a direct result of the crash, and to this extent such notation or record is exempt from the provisions of s.
Automated procedures must be subjected to tests to ensure that the integrity of the driver file is enhanced or maintained and that the intent of this chapter, as stated in s. Departmental rules shall require that data verification be accompanied by comparison with data from uniform traffic disposition reports. The department shall make such notification as is proper of the deletions from their records to the court clerks of the state. In addition, the department may furnish to the courts, for the purpose of establishing jury selection lists, the names, addresses, and birth dates of the persons of the entire state or any portion thereof by age group having identification cards issued by the department.
Each person who requests such information shall pay a fee, set by the department, of 1 cent per name listed, except that the department shall furnish such information without charge to the courts for the purpose of jury selection or to any state agency or to any state attorney, sheriff, or chief of police.
Such court, state agency, state attorney, or law enforcement agency may not sell, give away, or allow the copying of such information. Noncompliance with this prohibition shall authorize the department to charge the noncomplying court, state agency, state attorney, or law enforcement agency the appropriate fee for any subsequent lists requested. The department may adopt rules necessary to implement this subsection. For providing a certified copy of a transcript of the driver history record or any portion thereof for any one individual For providing a certified photographic copy of a document, per page For providing an exemplified record For providing photocopies of documents, papers, letters, clearances, or license or insurance status reports, per page In addition to the fees authorized under paragraph a , clerks of court and tax collectors may assess the fee listed in s.
The applicable record fees listed in paragraph a must be remitted to the department no later than 5 days after payment is received, unless a shorter remittance period is required by law. The photographs or microphotographs in the form of film or print of any records made in compliance with the provisions of this section shall have the same force and effect as the originals thereof and shall be treated as originals for the purpose of their admissibility in evidence.
Duly certified or authenticated reproductions of such photographs or microphotographs shall be admitted in evidence equally with the original photographs or microphotographs. Further, any court or the office of the clerk of any court of this state which is electronically connected by a terminal device to the computer data center of the department may use as evidence in any case the information obtained by this device from the records of the department without need of such certification; however, if a genuine issue as to the authenticity of such information is raised by a party or by the court, the court may require that a record certified by the department be submitted for admission into evidence.
The Legislature also finds that the division is not an adjunct of any law enforcement agency in that employees have no stake in particular prosecutions. The Legislature further finds that errors in records maintained by the division are not within the collective knowledge of any law enforcement agency. The Legislature also finds that the missions of the division and the Department of Highway Safety and Motor Vehicles provide a sufficient incentive to maintain records in a current and correct fashion.
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Leon, U. However, if an applicant has completed training and is applying for employment or is currently employed in a public or nonpublic school system that requires the commercial license, the fee is the same as for a Class E driver license. However, if an applicant has completed training and is applying for employment or is currently employed in a public or nonpublic school system that requires a commercial driver license, the fee is the same as for a Class E license.
The fee provided in this paragraph includes the fee for driver education provided by s. Funds collected from fees for original, renewal, or replacement identification cards shall be distributed as follows: 1. For an original identification card issued pursuant to s. For a renewal identification card issued pursuant to s. For a replacement identification card issued pursuant to s. The department may adopt rules to administer this section.
The department may use such electronic, mechanical, or other devices as necessary to accomplish the purposes of this chapter. The licensee shall be issued a renewal license, after reexamination, if required, during the 30 days immediately preceding his or her birthday upon presenting a renewal notice, his or her current license, and the fee for renewal to the department at any driver license examining office.
The fees shall be used for the maintenance and operation of the department. However, such a person is not exempt from any reexamination requirement. The department shall collect all of these fees at the time of reinstatement. A violation of this section may be investigated by any law enforcement agency, including the Division of Alcoholic Beverages and Tobacco. Any person who violates paragraph 5 a by giving a false age in any application for a driver license or identification card or who violates paragraph 5 b by possessing a driver license, identification card, or any instrument in the similitude thereof, on which the date of birth has been altered is guilty of a misdemeanor of the second degree, punishable as provided in s.
Any person who violates paragraph 1 d commits a felony of the third degree, punishable as provided in s. The department may cancel or withhold issuance or renewal of any driver license, identification card, vehicle or vessel registration, or fuel-use decal if the licensee fails to pay the correct fee or pays for any driver license, identification card, vehicle or vessel registration, or fuel-use decal; pays any tax liability, penalty, or interest specified in chapter ; or pays any administrative, delinquency, or reinstatement fee by a dishonored check.
At the time of renewal of his or her license a driver may be required to submit to an examination or reexamination at the discretion of the examiner if the physical appearance or actions of the licensee give rise to serious doubt as to his or her ability to operate a vehicle safely. The submission of medical reports shall be made without expense to the state.
Refusal or neglect of the licensee to submit to such examination or reexamination shall be ground for suspension or revocation of his or her license.
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The notice shall be mailed no later than 5 days after such failure. The delinquency fee may be retained by the office of the clerk to defray the operating costs of the office. The delinquency fee may be retained by the depository or the office of the clerk to defray the operating costs of the office. The person has satisfied the financial obligation in full or made all payments currently due under a payment plan;.
The person has entered into a written agreement for payment of the financial obligation if not presently enrolled in a payment plan; or. A court has entered an order granting relief to the person ordering the reinstatement of the license. In addition, the court shall so report to the department any conviction of a person for felony possession of a controlled substance if such person was driving or in actual physical control of a motor vehicle at the time of such possession.
The form shall be a copy of the uniform traffic citation and complaint as prescribed by s. The report shall be signed by the judge or by facsimile signature. The clerks of the court may submit disposition data to the department in an automated fashion, in a form prescribed by the department.
Proof of the giving of notice and an order of cancellation, suspension, revocation, or disqualification in either manner shall be made by entry in the records of the department that such notice was given. The entry is admissible in the courts of this state and constitutes sufficient proof that such notice was given. However, should the person fail to surrender such licenses, the suspension, revocation, or disqualification period shall not expire until a period identical to the period for which the driving privilege was suspended, revoked, or disqualified has expired after the date of surrender of the licenses, or the date an affidavit swearing such licenses are lost has been filed with the department.
In any instance where the suspension, revocation, or disqualification order is mailed as provided herein, and the license is not surrendered to the department, and such license thereafter expires, the department shall not renew that license until a period of time identical to the period of such suspension, revocation, or disqualification imposed has expired. Such person may, upon the completion of his or her disqualification, be issued a commercial driver license, of the type disqualified, for the remainder of his or her unexpired license period.
Any such person shall pay the reinstatement fee provided in s. Any such person shall be issued a Class E license, valid for the remainder of his or her unexpired license period, at no cost. Any inquiry into the file after the day period shall reveal that the license is canceled, suspended, revoked, or disqualified and whether the license has been received by the department. A person whose driving privilege is suspended or revoked under this subsection shall not have his or her driving privilege reinstated for any reason other than: 1.
Full payment of any restitution, court costs, and fees incurred as a result of a warrant or capias being issued pursuant to s. The cancellation of the warrant or capias from the Department of Law Enforcement recorded by the entering agency; and. The department has modified the suspension or revocation of the license pursuant to s. For such cases, the revocation of the driver license or driving privilege shall be permanent. In any case where DUI manslaughter occurs and the person has no prior convictions for DUI-related offenses, the revocation of the license or driving privilege shall be permanent, except as provided for in s.
If a blood test has been administered, the officer or the agency employing the officer shall transmit such results to the department within 5 days after receipt of the results. If the department then determines that the person had a blood-alcohol level or breath-alcohol level of 0. The driver refused to submit to a lawful breath, blood, or urine test and his or her driving privilege is suspended for a period of 1 year for a first refusal or for a period of 18 months if his or her driving privilege has been previously suspended as a result of a refusal to submit to such a test; or.
The driver was driving or in actual physical control of a motor vehicle and had an unlawful blood-alcohol level or breath-alcohol level of 0. The suspension period shall commence on the date of issuance of the notice of suspension. The driver may request a formal or informal review of the suspension by the department within 10 days after the date of issuance of the notice of suspension or may request a review of eligibility for a restricted driving privilege under s. The temporary permit issued at the time of suspension expires at midnight of the 10th day following the date of issuance of the notice of suspension.
The driver may submit to the department any materials relevant to the suspension. Materials submitted to the department by a law enforcement agency or correctional agency shall be considered self-authenticating and shall be in the record for consideration by the hearing officer. Notwithstanding s. Such informal review hearing shall consist solely of an examination by the department of the materials submitted by a law enforcement officer or correctional officer and by the person whose license was suspended, and the presence of an officer or witness is not required. The hearing officer may conduct hearings using communications technology.
If the person who requests a formal review hearing fails to appear and the hearing officer finds such failure to be without just cause, the right to a formal hearing is waived and the suspension shall be sustained. If a witness fails to appear, a party may seek enforcement of a subpoena under paragraph b by filing a petition for enforcement in the circuit court of the judicial circuit in which the person failing to comply with the subpoena resides or by filing a motion for enforcement in any criminal court case resulting from the driving or actual physical control of a motor vehicle that gave rise to the suspension under this section.
A failure to comply with an order of the court shall result in a finding of contempt of court. However, a person is not in contempt while a subpoena is being challenged. Whether the law enforcement officer had probable cause to believe that the person whose license was suspended was driving or in actual physical control of a motor vehicle in this state while under the influence of alcoholic beverages or chemical or controlled substances. Whether the person whose license was suspended had an unlawful blood-alcohol level or breath-alcohol level of 0.
Whether the person whose license was suspended refused to submit to any such test after being requested to do so by a law enforcement officer or correctional officer. Whether the person whose license was suspended was told that if he or she refused to submit to such test his or her privilege to operate a motor vehicle would be suspended for a period of 1 year or, in the case of a second or subsequent refusal, for a period of 18 months. The suspension period commences on the date of issuance of the notice of suspension.
If the department fails to schedule the formal review hearing within 30 days after receipt of the request therefor, the department shall invalidate the suspension. Such permit may not be issued to a person who sought and obtained a continuance of the hearing. The permit issued under this subsection shall authorize driving for business or employment use only.
If the driver is not issued a day permit pursuant to this section or s.
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However, as provided in subsection 6 , the driver may subpoena the officer or any person who administered or analyzed a breath or blood test. If the arresting officer or the breath technician fails to appear pursuant to a subpoena as provided in subsection 6 , the department shall invalidate the suspension. The department may adopt rules for the conduct of reviews under this section. However, an appeal shall not stay the suspension. A law enforcement agency may appeal any decision of the department invalidating a suspension by a petition for writ of certiorari to the circuit court in the county wherein a formal or informal review was conducted.
This subsection shall not be construed to provide for a de novo review. The officer shall also suspend, on behalf of the department, the driving privilege of a person who has refused to submit to a test as provided by paragraph b. The driver refused to submit to a lawful breath test and his or her driving privilege is suspended for a period of 1 year for a first refusal or for a period of 18 months if his or her driving privilege has been previously suspended as provided in this section as a result of a refusal to submit to a test; or.
The driver was under the age of 21 and was driving or in actual physical control of a motor vehicle while having a blood-alcohol or breath-alcohol level of 0. The driver may request a formal or informal review of the suspension by the department within 10 days after the issuance of the notice of suspension. A temporary permit issued at the time of the issuance of the notice of suspension shall not become effective until after 12 hours have elapsed and will expire at midnight of the 10th day following the date of issuance.
The driver may submit to the department any materials relevant to the suspension of his or her license. The driver shall assume the reasonable costs for the substance abuse course. As part of the substance abuse course, the program shall conduct a substance abuse evaluation of the driver, and notify the parents or legal guardians of drivers under the age of 19 years of the results of the evaluation. If a driver fails to complete the substance abuse education course and evaluation, the driver license shall not be reinstated by the department.
The failure of the officer to submit materials within the 5-day period specified in this subsection does not bar the department from considering any materials submitted at or before the hearing. The informal review hearing must consist solely of an examination by the department of the materials submitted by a law enforcement officer or correctional officer and by the person whose license is suspended, and the presence of an officer or witness is not required.
If the person who requests a formal review hearing fails to appear and the hearing officer finds the failure to be without just cause, the right to a formal hearing is waived and the suspension is sustained. If a witness fails to appear, a party may seek enforcement of a subpoena under paragraph b by filing a petition for enforcement in the circuit court of the judicial circuit in which the person failing to comply with the subpoena resides. A failure to comply with an order of the court constitutes contempt of court. However, a person may not be held in contempt while a subpoena is being challenged.
Whether the law enforcement officer had probable cause to believe that the person was under the age of 21 and was driving or in actual physical control of a motor vehicle in this state with any blood-alcohol or breath-alcohol level or while under the influence of alcoholic beverages. Whether the person was under the age of Whether the person had a blood-alcohol or breath-alcohol level of 0.
Whether the person refused to submit to a breath test after being requested to do so by a law enforcement officer or correctional officer. Whether the person was told that if he or she refused to submit to a breath test his or her privilege to operate a motor vehicle would be suspended for a period of 1 year or, in the case of a second or subsequent refusal, for a period of 18 months.
The suspension period commences on the date of the issuance of the notice of suspension. The permit shall not be issued to a person who requested a continuance of the hearing. The permit issued under this subsection authorizes driving for business or employment use only. However, such a license may not be issued until 30 days have elapsed after the expiration of the last temporary driving permit issued under this section.
However, as provided in subsection 7 , the driver may subpoena the officer or any person who administered a breath or blood test. If the officer who suspended the driving privilege fails to appear pursuant to a subpoena as provided in subsection 7 , the department shall invalidate the suspension.
The department may adopt rules for conducting reviews under this section. However, an appeal does not stay the suspension. This subsection does not provide for a de novo review. The disposition of any related criminal proceedings shall not affect a suspension imposed under this section. The reading from such a device is presumed accurate and is admissible in evidence in any administrative hearing conducted under this section.
A violation of this section is subject to the administrative action provisions of this section, which are administered by the department through its administrative processes. Administrative actions taken pursuant to this section shall be recorded in the motor vehicle records maintained by the department. This section does not bar prosecution under s. A law enforcement agency must provide information to the department within 24 hours after any traffic fatality or when the law enforcement agency initiates action pursuant to s.
This section does not include the provisions of s. The department is authorized to suspend the license of any person upon showing of its records or other good and sufficient evidence that the licensee has been convicted of violation of motor vehicle laws or ordinances, or applicable provisions of s. The suspension shall be for a period of not more than 1 year. Reckless driving, willful and wanton — 4 points. Unlawful speed, or unlawful use of a wireless communications device, resulting in a crash — 6 points.
Passing a stopped school bus: a. Not causing or resulting in serious bodily injury to or death of another — 4 points. Causing or resulting in serious bodily injury to or death of another — 6 points. Unlawful speed: a. Not in excess of 15 miles per hour of lawful or posted speed — 3 points. In excess of 15 miles per hour of lawful or posted speed — 4 points. A violation of a traffic control signal device as provided in s. However, no points shall be imposed for a violation of s. In addition, a violation of s. All other moving violations including parking on a highway outside the limits of a municipality — 3 points.
Any moving violation covered in this paragraph, excluding unlawful speed and unlawful use of a wireless communications device, resulting in a crash — 4 points. Any conviction under s. A moving violation covered in this paragraph which is committed in conjunction with the unlawful use of a wireless communications device within a school safety zone — 2 points, in addition to the points assigned for the moving violation.
Any person whose license is revoked may, by petition to the department, show cause why his or her license should not be revoked. A person whose driving privilege has been revoked pursuant to this subsection is not eligible to receive a limited business or employment purpose license during the term of such revocation. Letters of recommendation from respected business persons in the community, law enforcement officers, or judicial officers may also be required to determine whether the person should be permitted to operate a motor vehicle on a restricted basis for business or employment use only and in determining whether such person can be trusted to so operate a motor vehicle.
If a driver license has been suspended under the point system or under s. If the person fails to complete the approved course within 90 days after reinstatement or subsequently fails to complete treatment, the department shall cancel his or her driver license until the course and treatment, if applicable, is successfully completed, notwithstanding the terms of the court order or any suspension or revocation of the driving privilege.
The department may temporarily reinstate the driving privilege on a restricted basis upon verification from the DUI program that the offender has reentered and is currently participating in treatment and has completed the DUI education course and evaluation requirement. The privilege of driving on a limited or restricted basis for business or employment use may not be granted to a person who has been convicted of a violation of s. Except as provided in paragraph c , the privilege of driving on a limited or restricted basis for business or employment use may not be granted to a person whose license is revoked pursuant to s.
However, the department may not waive the hearing for suspensions or revocations that involve death or serious bodily injury, multiple convictions for violations of s. This paragraph does not preclude the department from requiring a hearing for any suspension or revocation that it determines is warranted based on the severity of the offense.
A person whose license has been revoked for more than 5 years under s. Reinstatement under this subsection is restricted to business or employment purposes only. In addition, the department shall require such persons upon reinstatement to have not driven and to have been drug free for at least 12 months immediately before the reinstatement, to be supervised by a DUI program licensed by the department, and to report to the program at least three times a year as required by the program for the duration of the revocation period for supervision.
Such supervision includes evaluation, education, referral into treatment, and other activities required by the department. Such persons shall assume reasonable costs of supervision. This paragraph does not apply to any person whose driving privilege has been permanently revoked. At the hearing, the petitioner must demonstrate to the department that he or she: 1. Has not been arrested for a drug-related offense during the 5 years preceding the filing of the petition;. Has not driven a motor vehicle without a license for at least 5 years prior to the hearing;.
Has been drug-free for at least 5 years prior to the hearing; and. Has completed a DUI program licensed by the department. Upon such determination, the department may, in its discretion, reinstate the driver license of the petitioner. Such reinstatement must be made subject to the following qualifications: 1. The license must be restricted for employment purposes for at least 1 year; and.
Such person must be supervised by a DUI program licensed by the department and report to the program for such supervision and education at least four times a year or additionally as required by the program for the remainder of the revocation period. Such supervision shall include evaluation, education, referral into treatment, and other activities required by the department. Has not been arrested for a drug-related offense for at least 5 years prior to filing the petition;.
The reinstatement shall be subject to the following qualifications: 1. The petitioner must be supervised by a DUI program licensed by the department and must report to the program for supervision and education at least four times a year or more, as required by the program, for the remainder of the revocation period. The supervision shall include evaluation, education, referral into treatment, and other activities required by the department. The waiver may not be used as evidence in any other proceeding. If a medical waiver has been granted for a convicted person seeking a restricted license, the convicted person shall not be entitled to a restricted license until the required ignition interlock device installation period under subsection 3 expires, in addition to the time requirements under s.
If a medical waiver has been approved for a convicted person seeking permanent reinstatement of the driver license, the convicted person must be restricted to an employment-purposes-only license and be supervised by a licensed DUI program until the required ignition interlock device installation period under subsection 3 expires. An interlock device shall be placed on all vehicles that are individually or jointly leased or owned and routinely operated by the convicted person. This subsection applies to the reinstatement of the driving privilege following a revocation, suspension, or cancellation that is based upon a conviction for the offense of driving under the influence which occurs on or after July 1, The department may order a stay of enforcement upon appropriate terms and conditions.
If such revocation shall not be ordered by the court, the Department of Highway Safety and Motor Vehicles shall forthwith revoke the same. Upon a first conviction for a violation of the provisions of s. Upon a second conviction for an offense that occurs within a period of 5 years after the date of a prior conviction for a violation of the provisions of s. Upon a third conviction for an offense that occurs within a period of 10 years after the date of a prior conviction for the violation of the provisions of s.
The driver may, within 30 days after such revocation by the department, petition the court for further hearing on the period of revocation, and the court may reopen the case and determine the period of revocation within the limits specified in paragraph a. This paragraph does not apply if an appropriate motion contesting the forfeiture is filed within the day period. The court shall permanently revoke the driver license or driving privilege of any person who has been convicted of DUI manslaughter in violation of s.
If the court has not permanently revoked such driver license or driving privilege within 30 days after imposing sentence, the department shall permanently revoke the driver license or driving privilege pursuant to this paragraph. No driver license or driving privilege may be issued or granted to any such person.
This paragraph applies only if at least one of the convictions for violation of s. For the purposes of this paragraph, a conviction for violation of former s. Also, a conviction of driving under the influence, driving while intoxicated, driving with an unlawful blood-alcohol level, or any other similar alcohol-related or drug-related traffic offense outside this state is considered a conviction for the purposes of this paragraph. If a conviction under s.