THOMAS WOOD, APPELLANT,
v.
STATE OF FLORIDA, APPELLEE
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A valid driver's license is required for the operation of a moped under Florida Statutes Chapter 322.
Appellant was charged with driving with a revoked license while operating a moped. He argued a moped is not a 'motor vehicle' under the statute. The t…
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WEBSTER, Judge.
Appellant was charged in county court with driving a motor vehicle while his license was revoked, in violation of section 322.34(2)(a), Florida Statutes (1995). He filed a sworn motion to dismiss in which he asserted that he had been driving a moped at the time of the alleged offense; and argued that, because a moped is not a “motor vehicle” for purposes of section 322.34, no offense had been committed. The state filed a traverse to the motion, contending that a moped is a “motor vehicle” for purposes of the statute. Following a hearing, the trial court agreed with the state and, accordingly, denied the motion. Appellant then entered a plea of no contest, reserving the right to appeal the denial of his motion to dismiss. The trial court adjudicated appellant guilty, and placed him on probation. The court also certified the following question to this court as one of great public importance:
IS A VALID DRIVER’S LICENSE REQUIRED FOR THE OPERATION OF A MOPED PURSUANT TO THE PROVISIONS OF CHAPTER 322 OF THE FLORIDA STATUTES?
We have jurisdiction. Fla. R.App. P. 9.030(b)(4).
We answer the certified question in the affirmative, based upon the holding and analysis of the recent decision of the Fourth District Court of Appeal in Soto v. State, 711 So. 2d 1275 (Fla. 4th DCA 1998). We do not address appellant’s argument, made for the first time in his reply brief, that section 322.34 is unconstitutional to the extent that it is intended to apply to the operation of a moped. See RIS Inv. Group, Inc. v. Department of Bus. & Prof'l Regulation, 695 So. 2d 357 (Fla. 4th DCA), review denied, 698 So. 2d 839 (Fla.1997).
AFFIRMED.
JOANOS and ALLEN, JJ., concur.
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Citator
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State v. Meister, 849 So. 2d 1127 (Fla. 4th DCA 2003)…icenses. Id. This court then held that because a moped is a “self-propelled vehicle” and is not excluded from the definition of a motor vehicle in section 322.01(26), that driving a moped requires a license. See id. at 1277; see also Wood v. State, 717 So. 2d 617 (Fla. 1st DCA 1998)(a moped is a “motor vehicle” which requires a driver’s license for operation under section 322.34); Jones v. State, 721 So. 2d 320 (Fla. 2d DCA 1998)(a valid driver’s license is required for the operation of a moped under section…
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Williams v. State, 858 So. 2d 375 (Fla. 3d DCA 2003)…PER CURIAM. Affirmed. State v. Meister, 849 So. 2d 1127 (Fla. 4th DCA 2003); Soto v. State, 711 So. 2d 1275 (Fla. 4th DCA 1998); Wood v. State, 717 So. 2d 617 (Fla. 1st DCA 1998); Jones v. State, 721 So. 2d 320 (Fla. 2d DCA 1998).…
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In re Standard Jury Instructions IN Crim. Cases (No. 2005-6), 958 So. 2d 361 (Fla. 2007)…for “motor vehicle,” make the instructions consistent with State v. Meister, 849 So. 2d 1127 (Fla. 4th DCA 2003). See also Verrecehio v. State, 896 So. 2d 958 (Fla. 5th DCA 2005); Williams v. State, 858 So. 2d 375 (Fla. 3d DCA 2003); Wood v. State, 717 So. 2d 617 (Fla. 1st DCA 1998); Jones v. State, 721 So. 2d 320 (Fla. 2d DCA 1998); Soto v. State, 711 So. 2d 1275 (Fla. 4th DCA 1998). Having considered the Committee’s amended report, we hereby authorize the publication and use of the instructions as set for…
Authorities Cited
- Virgilio Soto v. State, 711 So. 2d 1275 (Fla. 4th DCA 1998)
- RIS Inv. Grp., Inc. v. Dep't of Bus. & Prof'l Reg. Div. of Fla. Land Sales Condos. & Mobile Homes, 695 So. 2d 357 (Fla. 4th DCA 1997)