Miami Criminal Lawyer

Firstly, the most obvious point needs to be made: Members of the public are prohibited from driving a vehicle without the appropriate license. This applies to any class of vehicle where licenses are required. An exception may however be granted if it is presented by a reputable Miami criminal lawyer when the individual was unaware that their license was revoked, suspended or canceled. Criminal lawyers in Miami may therefore be able to assist you in these circumstances.

Legal Precedents Drawing on Disagreement Regarding Vehicle Class

Because historically, there has been very little room for defendants to make the plea that laws relating to vehicle classes are vague, a criminal law attorney in Miami will not likely be able to assist a defendant on such grounds. This has been demonstrated in the State of Florida v. Melissa Meister. The appellee pleaded that she was not guilty of driving a moped with a suspended license on the grounds that the vehicle made use of pedals that allowed human propusion. Despite the vehicle’s displacement being less than 50cc and its operating on less than 2 horsepower, the defendant’s motion to dismiss the charges was not granted.

In this historical precedent, the statutes concerning vehicle class were shown to be unambiguous and often beyond the scope of appeal by a criminal law attorney in Miami. Wherever a vehicle is self-propelled, and can travel at a speed greater 20 miles per hour on level ground, a license will be required. The fact that a gasoline engine was employed was also problematic in the above-mentioned case. Such vehicles are automatically classed as motor vehicles rather than electric bicycles. However, motor vehicles include both electric and gas-driven vehicles traveling at over 20 miles per hour. The only exception to this statute is where motorized wheelchairs or vehicles operating on rails or guide-way (as per section 316.003 of the Florida Statutes) are concerned.

Other Cases

In another instance drawn from case law, namely Inman v. State, the appeal to overturn prosecution by the defendant, for driving a scooter with a suspended driver’s license was rejected by the court. This was on the basis that the vehicle had no pedals for human propulsion, which automatically places it outside the class of “motorized bicycle.”

We handle a variety of criminal law cases, so call us now if you have any questions, (305) 615-1285.

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