Legal Question in Traffic Law in Florida

Got a ticket ($114) for not having eye protection while riding my 49cc moped.

Rookie cop being trained by another super young cop in Florida. Told me he could of given me a ticket for not having insurance, not having a helmet. He cited me under Florida Statue 316.211. My bike is a 1979 moped (yes it has pedals just like a bicycle), and according to the "rest" of the statue, I am excempt. Anything else I should have ready/prepare for my court date? (aug 12th) Evidence:

(1) A copy of the whole statue

(2)A print out of the City's website:

http://www.tampagov.net/dept_Police/ABOUT_US/INVESTIGATIONS_AND_SUPPORT/Special_Support_Division/Traffic_Unit/_Information/motorcycles_and_mopeds_faq.asp

(3) Florida Attorney General's legal opinion on cities/counties legal right to regulate mopeds over that of the state.

http://myfloridalegal.com/ago.nsf/Opinions/992253130997BEE6852565980058542F

(4) Florida Appellate court decision in a case involving a 49cc and it's affirmation of the exception provision under the statue.

http://caselaw.findlaw.com/fl-district-court-of-appeal/1251452.html

(5) My owners Manuel with specs of the make and model of my moped


Asked on 7/06/14, 2:09 pm

1 Answer from Attorneys
Craig Epifanio Craig Epifanio, P.A.

This answer is not advice, but without knowing all the facts of your case, it sounds like you've done good preparation. Of course, only hiring an attorney would you be able to get complete advice.

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Answered on 7/06/14, 4:03 pm


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