If 50 cc or less, these vehicles are not motorcycles by driver license law definition, FS 322.01(25), so a motorcycle endorsement is not required per FS 322.03(4); however, to operate them on streets and roadways, you must be at least 16 years old and hold at least a regular operator (Class E) or “Motorcycle Only” driver license. Even though these vehicles are 50 cc or less, they still fall under the driver license law definition of “Motor Vehicle” and a driver license is required to operate a “motor vehicle.” FS 322.03(1), 322.01(26) and 322.05(1).
Thus, since yours was not electric powered under the Florida law, but gas powered and while it may not require a motorcycle endorsement, it does require a license. At this point you need to contact a local attorney to defend you to seek to minimize any probation violation and they can argue you made a mistake and were improperly informed by the party that sold it to you and in most cases the court will give you some break.
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These laws only apply to "motorized vehicles". And since the DMV told me that it is NOT a "motorized vehicle" then I cannot get a license or registration for it. In other words, they REFUSED to give me a license even though I cannot get one anyways. But the point is that it is a bicycle by there terms.
If the the term "motorized vehicles" excludes my bicycle from its terms, and the law ONLY requires a License to operate a "motorized vehicle", then I understand that my bike does not require a license.
Well, okay, then moving along a little bit. If the police report is innacurate in more than one way, can I use that to try an dismiss the case? For example, he only estimates my speed at 30 but has no other proof. Also states the bicycle has no lights, which it had TWO lights in the front. Also says it has a speedometer which I DO NOT HAVE, it is only a device to tell you have bicycle gear you are in (1-8 gears), it has nothing to do with the motor. There are a few discrepancies that I can address. I dont think he has video proof either. He did take pictures though. What I am trying to say is that if I can find a few innacurate descriptions on his report then I can kind of proof that the rest of his report is also innacurate.
Can I get a written statement by he DMV stating that I do not need a Driver's License to operate my "type" of bicycle and use that in court? Even though I understand there are certain grey or areas or unclear terms in the Laws..... I practically had written permission and "understood" by means of the DMV that could drive my bicycle without a Drivers License or any other requirements for Motor Vehicles.
Again, even though this does not exempt me from what the law exceeds, there is a reason why the DMV is there for, if they stated something that wasn't true or was true, how can I be held accountable for it?
Finally, a small glimpse of light at the end of the tunnel. So these small details are what I am trying to look for so that I dont go to jail. Are there any other possible details I could probably use against this case? Remember, even though I could go to trial, I want to get the case dropped right away on my initial court date so that it doesnt go to trial and I dont get a violation of probation.
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