Legal Question in Criminal Law in Florida

Riding Scooter with revoked License

My Name is Gary--name removed-- In the past I have been charged with 4 Dui's and the court revoked my license. I Was told by my local scooter shop that I would be allowed to ride a 49cc scooter without a license and also gave me a copy of the Florida statutes. With that, I bought a 49cc scooter. I was riding the other day and stopped by local authorities for not having any eye protection and also wrote me a ticket for no license. I went to court for that and it was dropped. But it was picked up by the prosecutor and changed the charge to a 3rd degree Felony. Can they do this? also is there anything I can do to get this dismissed or dropped.

Also I can't afford an attorney.

Thank you,

Sincerly

Gary Kolter


Asked on 1/18/04, 12:01 pm

1 Answer from Attorneys
Dan Akes C. Daniel Akes, Attorney at Law

Re: Riding Scooter with revoked License

1. Probably, yes -- they can do it. However, depending upon at what point the misdemeanor was dropped, there could be a double jeopardy question. Also, you might have a speedy trial defense.

2. The misconception that a license is not required for these vehicles is pretty common, and many shops sell them with that representation. Even these little "go-peds", which children ride require a license. I had a case with very similar facts in which I was finally able to get the prosecutor to see that my client was really just trying to follow the law, and it wasn't fair to prosecute him. In his case, it was actually an off-duty policeman at a second job that sold him the scooter, and told him it was legal to ride without a license. I finally got the prosecutor to drop the case, but it wasn't easy. The defendant had no real defense to the charge.

Dan

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Answered on 1/19/04, 11:16 am


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