In Florida, do you need a driver’s license to ride a moped or motorized bicycle?

Florida law is very confusing regarding this issue. Florida law makes a distinction between mopeds and motorized bicycles. One interpretation of Florida law requires that you need a driver’s license to ride a moped, but not a motorized bicycle. A bicycle with a motor is still a bicycle. It does not become a moped. For the other interpretation, see BEWARE section below:

§ 322.01(27), Florida statutes says:
“Motor vehicle” means any vehicle which is self-propelled, including a “moped,” but not any vehicle moved solely by human power, motorized wheelchairs or motorized bicycles. (Emphasis added.)

The jury instruction for No Valid Driver’s License (28.9) says: “A ‘motor vehicle’ means any vehicle which is self-propelled, including a ‘moped,’ but not any vehicle moved solely by human power, motorized wheelchair or motorized bicycle.” (You don’t get a jury trial for a No Valid Driver’s License charge. But the statute book still lists the “jury instruction.” It shows what the State has to prove in court.)

The jury instructions for Driving with a License Suspended or Revoked (DWLSR) and DWLSR habitual have identical definitions of “motor vehicle.”

BEWARE

The above interpretation may all be wrong based on 316.003(2) which defines “bicycle.” That definition says mentions that a motorized bicycle has an electric motor.

The 50cc test

You’ll often hear of the 50cc test, that if the motor is less than 50cc, you don’t need a driver’s license. This is NOT the law in Florida. For example, you could have a moped with a 49cc engine. You would need a driver’s license to ride the moped, even though the engine size is less the 50cc. Florida law focuses on the type of vehicle. So, don’t rely on the 50cc test.

“You don’t need a motorcycle license.”

Here’s another trap. Many people who get cited or arrested for driving a scooter without a driver’s license have said to me, “When I bought it, they told me I don’t need a license because it’s less than 50cc.” In Florida, you don’t need a motorcycle license or endorsement to ride the scooter, but you do need a driver’s license.

Main Site

I wanted to have a link here to my main website: Naples Florida criminal defense lawyer.

“They didn’t read my my rights”

I get this question alot. How come when I was arrested, the police didn’t read me my rights? Many people believe that the arrest itself requires the reading of your rights. This is not correct. The reading of your miranda rights is required when (1) you are in custody, meaning you’re not free to leave, and (2) the police are going to ask you questions. Unless both apply, the rights don’t need to be read.

Public Defender election

The position of elected public defender for the 20th Judicial Circuit (Collier, Lee, Hendry, Glades, and Charlotte Counties) is on the ballot.  I’m supporting Rex Darrow.  Rex and I worked together at the Public Defender’s Office years ago.  I think he’d make a very good elected public defender.  See www.RexDarrow.com

Removal of requirement to register as sex offender in Florida

Effective July 2007, Florida Statute 943.04354 allows some people who would usually have to register as sex offender to petition the court to remove the registration requirement.

Early termination of state probation, Naples

Most people on State Probation have the opportunity to petition the court for early termination once they’ve successfully completed half the probationary period.  The judge will make sure the probationer has completed all conditions.  I’ve seen many people who get violated and put back in jail during the second half of their probationary period.  You can avoid that risk by requesting the court terminate probation as soon as you’re eligible.

Florida driver’s license suspended because of a drug conviction?

An adjudication of guilt for possession (or sale) of a drug such as cocaine or marijuana results in a 2-year drivers license suspension under Florida statute 322.055.  How do you get a driver’s license after a suspension for a drug conviction?  You have to wait six months after the conviction before you’re eligible for a restricted license.  You’ll have to apply with the Bureau of Administrative Review.  For the location of the Bureau of Administrative Review in Ft. Myers, take a look at this page on my site. 

Sarah Ann Drop In Center

The Sarah Ann Drop In Center in Naples, Florida is part of NAMI of Collier County.  The Sarah Ann center is for people receiving mental health services.  They have activities for socialization, integration into the community, and education.  Here’s a description of the Sarah Ann Center in the NAMI brochure.

Court order establishing Mental Health Court in Naples, Florida

Here’s a link to the court order that established Mental Health Court in Naples, (Collier County) Florida.

Information about Mental Health Court

Here’s a brochure describing the mental health court in Naples: