CopyCited 11 times | Published | Florida 2nd District Court of Appeal | 1994 WL 397620
...According to the deputy, he had stopped cars in the past for the same reason. After the stop, the deputy was joined by a backup officer. During the course of his investigation, the deputy discovered that the driver was not the owner of the car and could not produce the car's registration certificate as required by law. See § 320.0605(1), Fla....
CopyPublished | Florida 5th District Court of Appeal | 2000 Fla. App. LEXIS 8527, 2000 WL 904907
...They discovered a ziplock bag with 72 individual baggies containing marijuana, together with a scale, in the middle of his console. Although there was some confusion in the record, Willis was charged with violation of section 316. 605(1), Florida Statutes (1997), failure to display a tag, section
320.0605 for not having the registration on his person, and section
320.02, which requires an owner of a motor vehicle to have the vehicle registered in the state. Sections
316.605(1) and
320.0605(1) are noncriminal traffic offenses; section
320.02 is *1007 a misdemeanor....
...The order denying the motion to suppress determined that Willis had been “properly arrested for violation of F.S.
320.605[sic], a misdemeanor of the second degree. F.S.
320.57(1).” The order concluded that because the arrest was for a criminal offense, the search was proper. Its conclusion is incorrect as to section
320.0605, because that section is not a misdemeanor offense....
...§
893.13(6)(a), Fla. Stat. (1997). . §§
320.02(1) and
320.57, Fla. Stat. (1997). . Section
320.57(1) provides that any person convicted of violating chapter 320 is guilty of a misdemeanor of the second degree, "unless otherwise provided herein " (emphasis added). Section
320.0605 provides that a "violation of this section is a noncriminal traffic infraction, punishable as a nonmoving violation as provided in chapter 318.” In contrast, violation of §
320.02 does not contain a provision opting it out of the misdemeanor classification of section
320.57....