Smith v. State
Smith pled nolo contendere to reckless driving (reduced from DUI) and received one year of probation as part of a negotiated plea. The Sixth DCA held that the one-year probationary term was illegal because, absent a finding that alcohol was a 'significant factor' under section 948.15(1), the maximum probation for a first-time reckless driving conviction is six months, not the twelve imposed. The court expressly declined to follow the Second DCA's Fonteyne decision, which had capped probation at the 90-day incarceration maximum.
Key facts
- Smith pled nolo contendere to reckless driving (reduced from DUI) and received one year of probation as part of a negotiated plea agreement.
- The trial court imposed the one-year probationary sentence without finding or accepting a stipulation that alcohol was a 'significant factor' in the offense.
- +2 more key facts with a free trial
Why it matters
This opinion gives practitioners a clear framework for challenging illegal probation terms imposed when a DUI charge is reduced to reckless driving as part of a plea deal—a common practice. It clarifies the 'significant… — full analysis with a trial
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