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  1. #1
    Join Date
    May 2010

    Default Filing a Motion to Dismiss in the State of Florida

    on March 21, 2010 at 12 PM i was pulled over by a County Sheriff's Ofc.
    I was riding a minibike( pocket bike) the officer issued me a citation for violating Florida State statute 320.02 subsection 1 operating in on registered motor vehicle on the road after researching Florida law found statue which is more relevant than the one they also wrote Florida State statute 261.03 subsection 5 "OHM" or "off-highway motorcycle" means any motor vehicle use off the roads or highways of this date as a seater saddle that is used for the writer and is designed to travel with not more than two wheels in contact with the ground but excludes a tractor or moped. Four state statute 261.03 subsection 6 "off-highway vehicle" means any ATV, two rider ATV, ROP, or OHM is used all the rows are Highway this day and is not register and license for highway use under Chapter 320. Florida State statute 261.11 penalties no off-highway vehicle may operate upon public roads, streets, the highways of this date is set for otherwise remitted by managing local state or federal agencies in violation of this section is a noncriminal traffic infraction possible as provided in Chapter 318 now from what I understand about this for a state statute by many bikes should be characterized as an off-road vehicle and therefore should not be register chapters 320 but the officer gave me a violation for violating Florida State statute 320.02 subsection 1 anyone offer any help on how to file this motion to dismiss
    thank you
    Bob 92588

  2. #2
    Join Date
    Sep 2005
    Behind a Desk

    Default Re: Filing a Motion to Dismiss in the State of Florida

    Quote Quoting Florida Statutes, Sec. 320.02 Registration required; application for registration; forms.
    (1) Except as otherwise provided in this chapter, every owner or person in charge of a motor vehicle that is operated or driven on the roads of this state shall register the vehicle in this state. The owner or person in charge shall apply to the department or to its authorized agent for registration of each such vehicle on a form prescribed by the department. A registration is not required for any motor vehicle that is not operated on the roads of this state during the registration period.

    * * *
    You're cited for driving a vehicle that was not properly registered.

    Your motorbike was either registered or it was not. You wrote that you were cited for driving "in on registered" vehicle - were we supposed to read that as a confession that you were driving "an unregistered" vehicle, and thus are guilty of the charge cited?

    And you're trying to cook up a fanciful defense that your motorbike isn't a vehicle?

    If you are having trouble with basic spelling and grammar, I suggest having somebody help you write your posts.

  3. #3
    Join Date
    May 2010

    Default Re: Filing a Motion to Dismiss in the State of Florida

    no my speech and grammar abilities are just adequate I was using a speech to text program and it messed up some of the words I am trying to argue that my minibike is classified as a off-road vehicle and therefore I should have been cited with a noncriminal traffic infraction as provided in Florida State statute 261.11 I'm sorry for the confusion that my grammar has caused can anyone provide any help

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