A veteran real estate broker has pleaded nolo contendere to …

Business Questions

a veteran real estate broker has pleaded nolo contendere to a misdemeanor dui charge. the broker a) must attend 12-step program meetings for at least six months to be cleared of the charge. b) must report this fact to the frec within 30 days after the plea. c) can expect a summary suspension by the frec without a hearing. d) must surrender his driver’s license for a minimum of one year.

Short Answer

A nolo contendere plea allows a broker to not contest a DUI charge while avoiding an admission of guilt, but they must report this plea to the Florida Real Estate Commission within 30 days. There are no automatic requirements for program attendance, suspensions, or license surrender solely as a result of this plea.

Step-by-Step Solution

Step 1: Understanding the Nolo Contendere Plea

A *nolo contendere* plea means the broker does not contest the DUI charge but does not admit guilt. This type of plea is often used to avoid the admission of guilt while still accepting the legal consequences of the charge. It’s important to note that this does not require the broker to attend any *specific* programs or meetings to clear the charge.

Step 2: Reporting Requirements to FREC

The broker has a legal obligation to report the nolo contendere plea to the *Florida Real Estate Commission (FREC)*. This must be done within *30 days* after the plea. It is crucial for maintaining compliance with regulatory standards, and failure to report could lead to further disciplinary actions.

Step 3: Possible Consequences and Clarifications

While there are repercussions for a DUI charge, not all options are automatic or applicable. Specifically, the broker should understand that:

  • There is no mandatory requirement to attend a 12-step program to resolve the charge.
  • A summary suspension without a hearing is not an automatic outcome of the plea.
  • There is no obligation to surrender the driver’s license for one year solely due to this plea.
Understanding these clarifications can aid the broker in managing their case effectively.

Related Concepts

Nolo Contendere

A plea where the defendant does not contest the charge but does not admit guilt

Florida Real Estate Commission (Frec)

The regulatory body that oversees real estate practices and enforces compliance in florida

Reporting Requirements

Legal obligations to inform relevant authorities, in this case, the frec, about certain legal actions within a specified timeframe.

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