If you have been arrested for DUI, or Reckless driving, or any other traffic violation and you have a commercial driver’s license you already know that the consequences for you are different from that of the non-commercial driver.   Pursuant to the relatively new federal regulation 49 CFR 384.226   “The State must not mask, defer imposition of judgment, or allow an individual to enter into a diversion program that would prevent a CLP or CDL holder’s conviction for any violation, in any type of motor vehicle, of a State or local traffic control law (other than parking, vehicle weight, or vehicle defect violations) from appearing on the CDLIS driver record, whether the driver was convicted for an offense committed in the State where the driver is licensed or another State.” Chapter 394 of the Code of Federal Regulations can be found by clicking on the link.   This regulation is creating confusion in the courts of the State of Florida.   There are several Florida Statutes that inform when a court or judge in the State of Florida may withhold adjudication of guilt, which is likely the equivalent of masking as described above: F.S. 948.01, Florida Rule of Criminal Procedure 3.670 and F.S. 921.187 to name a few. There are specific statutes that prohibit the court from withholding adjudication including for DUI under F.S. 316.656 and Fla. R. Crim. P. 6.290. However, there are no (as far as this author is aware) Florida Statutes prohibiting a judge from withholding adjudication on an offense differing from DUI such as Reckless driving.   In evaluating the authority of the courts, and the effects of the actions of the State of Florida DHSMV it is important to note that F.S. 322.01(11)(b) adopts 49 CFR 383.5’s definition of conviction:   “Conviction means an unvacated adjudication of guilt, or a determination that a person has violated or failed to comply with the law in a court of original jurisdiction or by an authorized administrative tribunal, an unvacated forfeiture of bail or collateral deposited to secure the person’s appearance in court, a plea of guilty or nolo contendere accepted by the court, the payment of a fine or court cost, or violation of a condition of release without bail, regardless of whether or not the penalty is rebated, suspended, or probated.”   F.S. 322.01(11)(a) defines conviction as: