What is a “Committing Offense Suspension” under 322.27(1)(a)?

What happens if the Florida Department of Highway Safety and Motor Vehicle (DHSMV) imposes a “committing offense suspension?”

To find out if your Florida driver’s license is valid, visit the DHSMV website at: https://services.flhsmv.gov/DLCheck/DLCheckResultView.aspx.

If the driver’s license check shows a suspension for “COMM OFFENSE-REVOC REQUIRED IF CONV,” then that notation means your license was suspended based on the allegation that you committed an offense for which a driver’s license revocation is mandatory after a conviction, although the suspension is imposed before the conviction.

The DHSMV’a authority for imposing the “committing offense suspension” comes from Florida Statute Section 322.27(1)(a) which provides:

Notwithstanding any provisions to the contrary in chapter 120, the department may suspend the license or identification card of any person without preliminary hearing upon a showing of its records or other sufficient evidence that the licensee or cardholder:

(a) Has committed an offense for which mandatory revocation of license is required upon conviction.

In other words, if the Florida DHSMV is notified that you “committed” any offense that requires a mandatory driver’s license revocation after a conviction, then the Department has the authority to suspend the driver’s license under Section 322.27(1)(a) simply because you are charged or were arrested for committing that offense.

The issue then becomes what is sufficient for a “showing of its records” or “other sufficient evidence” that the driver committed the offense before the conviction? The DHSMV typically considers a criminal report affidavit showing probable cause for the offense to be sufficient, if that report is submitted by a law enforcement officer or agency.

If the DHSMV made a mistake in making that finding that you “committed” that offense, you should talk with an attorney about taking the following actions:

1. • Demand a “show cause” hearing within 30 days of the date of the notice imposing the suspension. Requesting the “show cause” hearing will not toll the 30 day deadline for filing the petition for a writ of certiorari; and/or
2. • File a petition for writ of certiorari within 30 days of the notice imposing the suspension (even if you also requested a “show cause” hearing). After the “show cause” hearing, you can supplement the petition to show what occurred; and/or
3. • Take the Advance Driving Improvement (ADI) course so you can apply for “hardship” driving privileges to work, school, and church, while you wait for the show cause hearing and writ of certiorari.

If you do nothing, the DHSMV will keep the suspension in effect until the underlying criminal case is resolved on the merits. If the driver is later convicted of that offense, the mandatory revocation will be added to the driving record.

If the charge is dismissed, reduced, nolle prossed, or if the driver is found “not guilty” at trial, the “committing offense suspension” will be removed from the record.

The types of offenses that might trigger the “committing offense suspension” include any felony involving a vehicle such as:

1. DUI manslaughter;
2. Vehicular manslaughter;
3. DUI Causing Serious Bodily Injury; or
4. Leaving the Scene of a Crash with Injury, Serious Bodily Injury or Death.

The attorneys at Sammis Law Firm are experienced represent clients accused of serious traffic crimes, some of which might come with a driver’s license unless you avoid a conviction. We can help you at every stage of the case. If you are subjected to a “committing offense suspension,” we can help you decide whether to file a petition for a writ of certiorari, a demand for a “show cause” hearing, or an application for a hardship license.

Let us put our experience to work for you. Call 813-250-0500.