STATE v. L.J.R., a child, Appellee. (1999)

District Court of Appeal of Florida,Second District.

STATE of Florida, Appellant, v. L.J.R., a child, Appellee.

No. 98-01095

Decided: January 06, 1999

Robert A. Butterworth, Attorney General, Tallahassee, and J. Andrew Meyer, Assistant Attorney General, Tampa, for Appellant. Jack Helinger of Louderback & Helinger, St. Petersburg, for Appellee.

The State appeals from a final disposition order which suspends L.J.R.'s driver's license for six months. The State contends that L.J.R.'s driving privileges should have been suspended for two years, pursuant to section 322.056, Florida Statutes (1997). For the reasons stated in State v. M.L.R., No. 98-01096, 722 So.2d 259 (Fla. 2d DCA 1998), we hold that a six-month suspension was proper pursuant to section 322.056 because the State failed to prove that L.J.R. had a “subsequent violation” regarding an alcohol, drug, or tobacco offense. Accordingly, we affirm the six-month suspension of L.J.R.'s driving privileges.

Affirmed.

PATTERSON, Acting Chief Judge.

ALTENBERND and SALCINES, JJ., Concur.

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