6.180. Sentencing Repeat Offenders

(a) Defendant’s Rights. A defendant alleged to have a prior conviction for a criminal traffic offense shall have a right to remain silent concerning any prior conviction at the time of plea or sentence.

(b) Proof of Prior Convictions. If the right to remain silent is invoked by the defendant, the state shall have a reasonable time, if requested, to determine if any prior convictions exist. If the state is unable to prove any prior convictions, the defendant shall be treated as if no prior convictions exist.

(c) Suspension by Department. This provision shall not prevent the department from suspending a defendant’s driving privilege for a longer period than the court has entered if a prior record is discovered by the department.

Committee Notes

1988 Adoption. Rule 6.180 is new and is designed to codify existing procedures in DUI cases. The rule sets forth what has become known as a “Meehan plea.” Meehan v. State, 397 So.2d 1214 (Fla. 2d DCA 1981).

1992 Amendment. Makes a “Meehan plea” applicable to all criminal traffic offenses.