Mahoney v. State
The Fifth DCA reversed a restitution order requiring a driver convicted of driving while license suspended (and leaving the scene) to pay for crash damage, holding under Schuette v. State and Cheek v. State that the license suspension was not causally related to the crash. The court also held the unpreserved causation challenge could be raised for the first time on appeal as fundamental error. Judge Soud concurred specially, urging the Florida Supreme Court to revisit its precedent in light of the 1993 amendment adding restitution for loss 'related to the defendant's criminal episode.'
Key facts
- Mahoney was convicted of driving while license suspended and leaving the scene of a crash and ordered by the trial court to pay restitution for damage caused by the crash.
- The Fifth DCA reversed the restitution order, holding that the suspension of Mahoney's license was not causally related to the crash damage under controlling precedent.
- +2 more key facts with a free trial
Why it matters
Practically useful for defense counsel challenging restitution imposed on DWLS/DWLSR convictions arising from crashes, and confirming such challenges survive lack of preservation as fundamental error. The special… — full analysis with a trial
🔒 Read the full opinion, holding & search the library
The full opinion PDF, the rules the court applied, our significance analysis, the background facts, and full-text search across every tracked Florida decision are available to members. Start a free 30-day trial — no credit card.
Not ready to sign up? Get the free Friday digest — the week's key Florida decisions by email, no login required.
Florida Court Tracker provides summaries of publicly available court opinions for informational and research purposes only. This is not legal advice and does not create an attorney–client relationship. Always verify holdings against the official opinion.