We reverse an order dismissing the charges against Appellee on the grounds that section 322.34(l)(a), Florida Statutes, is unconstitutional. The issue here is the same as that recently resolved in State v. Keirn, 23 Fla. L. Weekly D1144, — So.2d-(Fla. 4th DCA May 6, 1998), in which we concluded that said statute is constitutional.

We remand for further proceedings consistent with our opinion in Keim.