TINA JONES, APPELLANT,
v.
STATE OF FLORIDA, APPELLEE
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WHATLEY, Acting Chief Judge.
Tina Jones appeals her conviction for driving while her license was suspended in violation of section 322.34(l)(c), Florida Statutes (1995). The conviction resulted from Jones’ operation of a moped while her driver’s license had been suspended for 60 months pursuant to her classification as a habitual traffic offender. The sole issue on appeal is whether a moped is a motor vehicle, the operation of which requires a driver’s license under chapter 322. We conclude that it is and affirm. In reaching this conclusion, we adopt the reasoning of Soto v. State, 711 So. 2d 1275 (Fla. 4th DCA 1998). We agree with the statement in Soto that any reference to mopeds by this court in State v. Riley, 698 So. 2d 374 (Fla. 2d DCA 1997) (holding that go-peds are motor vehicles), is dicta.
Affirmed.
NORTHCUTT and SALCINES, JJ., concur.
Cases With Similar Vibessemantic neighbors from the corpus
Citator
Cited By
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Larason v. State, 729 So. 2d 494 (Fla. 2d DCA 1999)…to operate a moped on a private highway. The court denied his motion and he pleaded nolo con-tendere, reserving his right to appeal the denial of this dispositive motion. We have decided this issue contrary to Larason’s position, see Jones v. State, 721 So. 2d 320 (Fla. 2d DCA 1998), and affirm the circuit court. Larason’s judgment and sentence, however, incorrectly state that he pleaded guilty to the charge. We remand with directions to correct these documents to reflect his plea of no contest. Larason need…
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State v. Meister, 849 So. 2d 1127 (Fla. 4th DCA 2003)…tion 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 322.34(2)). In this case, many of the arguments raised by appellee were rejected by the court in Soto. Although the constitutionality of section 322.…
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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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Join FLexlaw to unlock all legal intelligenceAuthorities Cited
- Virgilio Soto v. State, 711 So. 2d 1275 (Fla. 4th DCA 1998)
- State v. Corrie Riley, 698 So. 2d 374 (Fla. 2d DCA 1997)