The definition of "motor vehicle" and "vehicle" has changed in Florida. The prior definition in Florida Statute 316.003 states:
(21) Motor vehicle.--Except when used in s. 316.1001, any self-propelled vehicle not operated upon rails or guideway, but not including any bicycle, motorized scooter, electric personal assistive mobility device, or moped. For purposes of s. 316.1001, “motor vehicle” has the same meaning as in s. 320.01(1)(a).
Effective January 1, 2013, the new definition that will apply to all crimes:
(21) Motor vehicle.--Except when used in s. 316.1001, a self-propelled vehicle not operated upon rails or guideway, but not including any bicycle, motorized scooter, electric personal assistive mobility device, swamp buggy, or moped. For purposes of s. 316.1001, “motor vehicle” has the same meaning as in s. 320.01(1)(a).
The definition also changed in Florida Statute 320.01. The definition effective until January 1, 2013 states:
As used in the Florida Statutes, except as otherwise provided, the term:
(1) “Motor vehicle” means:
(a) An automobile, motorcycle, truck, trailer, semitrailer, truck tractor and semitrailer combination, or any other vehicle operated on the roads of this state, used to transport persons or property, and propelled by power other than muscular power, but the term does not include traction engines, road rollers, such vehicles as run only upon a track, bicycles, or mopeds.
The new definition effective January 1, 2013 states:
(a) An automobile, motorcycle, truck, trailer, semitrailer, truck tractor and semitrailer combination, or any other vehicle operated on the roads of this state, used to transport persons or property, and propelled by power other than muscular power, but the term does not include traction engines, road rollers, special mobile equipment as defined in s. 316.003(48), vehicles that run only upon a track, bicycles, swamp buggies, or mopeds.
These definitions are important because they may have an outcome on your Driving Under the Influence (DUI) case or Driving While License Suspended (DWLS) case. Many people convicted of DUI want to know, can I drive a moped or a scooter on a suspended license? That depends on the definition of vehicle and when a license is required under Florida law. Many people with DUI lifetime driver's license suspensions also have these questions. Florida now allows driver's with lifetime suspensions from multiple DUI convictions to obtain a hardship license. Call DUI lawyer Thomas C. Grajek at 863-688-4606 for representation in these hardship license hearings.
You need to retain a criminal defense lawyer that has access to the latest case law and changes to Florida's criminal statutes and Florida's criminal rules of procedure. By knowing the law better than anyone in the court room, criminal defense attorney Thomas C. Grajek can aggressively fight your criminal charge and help keep your criminal record clean and keep off probation or out of jail or prison.
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