Arrestable Offenses / Crimes under Fla. Stat. 322.03
S322.03 1 - MOVING TRAFFIC VIOL - OPERATE MOTOR VEHICLE W/O VALID LIC 1ST CONV - M: S
S322.03 1 - MOVING TRAFFIC VIOL - OPERATE MOTOR VEHICLE W/O VALID LIC 2ND CONV - M: F
S322.03 1 - MOVING TRAFFIC VIOL - OPERATE MOTOR VEHICLE W/O VALID LIC 3RD/SUBSQ - M: F
S322.03 1a - MOVING TRAFFIC VIOL - RENUMBERED. SEE REC # 10336 - M: F
S322.03 1b - MOVING TRAFFIC VIOL - RENUMBERED. SEE REC # 10337 - M: S
S322.03 2a - MOVING TRAFFIC VIOL - MAKE FALSE AFFIDAVIT ON DRIVERS LIC POSSESSION - M: F
S322.03 2b - MOVING TRAFFIC VIOL - POSSESS MORE THAN ONE VALID
DRIVERS LICENSE - M: S
S322.03 3 - MOVING TRAFFIC VIOL - RENUMBERED. SEE REC # 7431 - M: F
S322.03 3b - MOVING TRAFFIC VIOL - RENUMBERED. SEE REC # 10338 - M: F
S322.03 4 - MOVING TRAFFIC VIOL - RENUMBERED. SEE REC # 10339 - M: S
S322.03 4b - MOVING TRAFFIC VIOL - RESIDENT DRIVE CMV IN STATE W/O FL ISSUED CDL - M: F
S322.03 5 - MOVING TRAFFIC VIOL - RENUMBERED. SEE REC # 9348 - M: S
S322.03 5 - MOVING TRAFFIC VIOL - RENUMBERED. SEE REC # 10340 - M: S
CopyCited 155 times | Published | Court of Appeals for the Eleventh Circuit | 2017 U.S. App. LEXIS 5548, 2017 WL 1174381
...The suspect was transported to BSO Main Jail.
Deputy DeGiovanni’s Event Rpt. at 3 (Feb. 17, 2009, 5:14:51 AM) (emphasis
added).
Deputy DeGiovanni charged Stephens under Fla. Stat. §
843.02, resisting an
officer without violence to his or her person, 5 and Fla. Stat. §
322.03(1), requiring
Florida drivers to be licensed.6 After waiting half an hour to forty-five minutes at
the Broward Sheriff’s Office jail, the jail staff refused to book Stephens, because of
his injuries....
...State,
24 So. 3d 1181, 1185-86 (Fla. 2009).
6
“Except as otherwise authorized in this chapter, a person may not drive any motor vehicle upon
a highway in this state unless such person has a valid driver license issued under this chapter.”
Fla. Stat. §
322.03(1)....
...State Court
Stephens retained an attorney to defend him on the Florida charges. The
State dismissed the resisting-an-officer-without-violence charge under Fla. Stat. §
843.02, a first-degree misdemeanor. Stephens changed his original May 29, 2009,
not-guilty plea for violating Fla. Stat. §
322.03(1), operating a vehicle without a
driver’s license, and pled nolo contendere on September 9, 2009, including
waiving his rights regarding the first-degree misdemeanor. State v. Stephens, No.
09004094MM10A, Fla. 17th Cir. Ct. (Sept. 9, 2009) (Broward Cty. Cir. Ct.).
Stephens explained why he accepted the plea bargain for being charged with
violating Fla. Stat. §
322.03(1) requiring a driver’s license, based on his attorney’s
advice:
11
Case: 15-10206 Date Filed: 03/30/2017 Page: 12 of 46
I accepted a plea deal with...
...orney advised me
that if I did not take the plea offer, there would be no guarantee that I
would be able to attend that funeral.
Am. Compl. at 5 ¶ 23 (emphasis added).8
Stephens moved to vacate his conviction under Fla. Stat. § 322.03(1) on
November 5, 2014....
...a withhold [of] adjudication as
to the driving a motor vehicle without a driver’s license, even though both he and
DEGIOVANNI agree that STEPHENS was not driving the vehicle, because he
believed that violating Florida Statutes § 322.03 was an offense that, if convicted,
could require him to serve jail time....
...us judgment and conviction,
the Broward County judge explained his motion was time barred under Florida
Rule of Criminal Procedure 3.850.10
9
Regarding ineffective assistance by Stephens’s first attorney, his second attorney noted Fla.
Stat. § 322.03(1) requires a perpetrator to have been driving a vehicle; Stephens never drove the
car on which he was working....
...1924)).
The “threat or coercion is not required to originate from law enforcement or a state
actor for the abuse to form the basis of an involuntary plea claim.” Id.
Stephens admits he pled nolo contendere to the offense of his arrest, Fla.
Stat. § 322.03(1), driving without a valid driver’s license, so he could travel to
Jamaica in time to attend his cousin’s funeral....
...rce in carrying out an
arrest constitutes a violation of the Fourth Amendment.” Davis v. Williams,
451
F.3d 759, 767 (11th Cir. 2006) (citing cases). “In order for there to be a violation
20
Stephens’s plea of nolo contendere to Fla. Stat. §
322.03(1) and his delay beyond the statutory
period for withdrawing his plea foreclose our analysis of constitutional probable cause, which
would have been different had he not pled no contest....
...§
901.15(1) (‘A law enforcement officer may arrest a person without a warrant
when . . . [t]he person has committed a felony or misdemeanor . . . in the presence of an
officer.’).” Durruthy,
351 F.3d at 1093 (second alteration and ellipses in original). Violating
Fla. Stat. §
322.03(1), driving without a valid driver’s license, is a second-degree misdemeanor,
Fla....
CopyCited 42 times | Published | Supreme Court of Florida
...been committed constituted an illegal invasion of his rights under the State and Federal Constitutions. By Chapter 322, Florida Statutes, F.S.A., the operator of a motor vehicle on the highways of this State is required to obtain a license to drive. Section 322.03, Florida Statutes, F.S.A., prohibits a person from driving a motor vehicle unless he has a valid license as an operator....
CopyCited 19 times | Published | Supreme Court of Florida | 40 Envtl. L. Rep. (Envtl. Law Inst.) 20172, 2010 A.M.C. 2211, 35 Fla. L. Weekly Supp. 341, 71 ERC (BNA) 1005, 2010 Fla. LEXIS 944, 2010 WL 2400384
*1234establishments to obtain licenses from the State); §
322.03(3)(b), Fla. Stat. (2004) (requiring Florida residents
CopyCited 11 times | Published | Florida 2nd District Court of Appeal
...tial requirements of law. Clermont Marine Sales, Inc. v. Harmon,
347 So.2d 839 (Fla. 2d DCA 1977). Measured by this criterion, the convictions of Eddie Ruth Marshall must be quashed, but the convictions of John Harvin Marshall need not be disturbed. Section
322.03, Florida Statutes (1975) specifies that no person shall drive a motor vehicle upon a highway in this state without a valid license as an operator or chauffeur....
CopyCited 8 times | Published | Florida 4th District Court of Appeal | 2000 WL 140371
...The defendant "continued to stick with [the name] John Fripp." The defendant appeared nervous and "fidgety." The officer saw Fripp place a cigarette pack on the top of the car's visor. The officer arrested the defendant for operating a motor vehicle without a valid driver's license, a misdemeanor contrary to section 322.03(1), Florida Statutes (1997)....
...State,
719 So.2d 990 (Fla. 4th DCA 1998); Duperier v. State,
568 So.2d 976 (Fla. 4th DCA 1990). Addressing the merits, we reject Fripp's contention that the officer did not have the authority to arrest him on the driver's license charge. A violation of section
322.03(1) is a second degree misdemeanor....
...committed a misdemeanor "in the presence of the officer." §
901.15(1), Fla. Stat. (1999); see State v. Carmody,
553 So.2d 1366 (Fla. 5th DCA 1989). At the time of the arrest, the officer had probable cause to believe that the defendant had violated section
322.03(1)....
CopyCited 6 times | Published | Florida 4th District Court of Appeal | 1998 WL 250752
...uires a license under chapter 322, Florida Statutes, our licensing statute. The trial court denied the motion to dismiss, and appellant pled guilty, reserving the right to appeal the denial of the motion to dismiss, which was dispositive. We affirm. Section 322.03(1), Florida Statutes (1995) provides: Drivers must be licensed; penalties....
CopyCited 6 times | Published | Florida 1st District Court of Appeal | 2012 Fla. App. LEXIS 812, 2012 WL 181453
...State,
377 So.2d 709, 711 (Fla. 1979) (citing Earnest v. State,
351 So.2d 957 (Fla.1977)). Section
322.34(5), the provision under which appellant was convicted of a third-degree felony, does not outlaw driving by drivers never issued a license to drive. [4] Another provision, section
322.03(1), Florida Statutes (2009), proscribes driving without a valid driver's license: "Except as otherwise authorized in this chapter, a person may not drive any motor vehicle upon a highway in this state unless such person has a valid dri...
...addresses the offenses of driving without a license and driving after cancelation, suspension or revocation of a driver's "license or . . . privilege": Any person who operates a motor vehicle: (a) Without having a driver's license as required under s. 322.03; or (b) While his or her driver's license or driving privilege is canceled, suspended, or revoked pursuant to s....
...even though the record was clear that he had never actually had or been issued a driver's license. The state does not argue otherwise. [4] Mr. Crain concedes that one can obtain the privilege to drive in Florida via a statutory exemption pursuant to section
322.031, Florida Statutes (2009) or section
322.04, Florida Statutes (2009), but argues that, because Mr....
CopyCited 5 times | Published | Florida 5th District Court of Appeal | 1991 WL 194181
...The county court agreed that prosecution was barred by the one year statute of limitations and dismissed the charge. Petitioner Buswell was issued a traffic citation on December 18, 1981 for driving without a valid driver's license, a misdemeanor of the second degree, in violation of section 322.03, Florida Statutes (1979)....
CopyCited 5 times | Published | Florida 4th District Court of Appeal | 2003 WL 22339170
...[4] We note that the proper remedy for a person who feels that his or her driver's license was improperly revoked is to have the record corrected, "not to ignore the revocation and continue to drive." Arthur v. State,
818 So.2d 589, 591 (Fla. 5th DCA 2002). [5] Driving without a valid driver's license contrary to section
322.03(1), Florida Statutes (2001) is a necessarily lesser included offense of section
322.341. We arrive at this conclusion by applying Hagood v. State,
824 So.2d 252 (Fla. 4th DCA 2002). In that case, we held that driving without a valid driver's license contrary to section
322.03(1) was a necessarily lesser included offense of driving with a revoked license under section
322.34(5), Florida Statutes (2000)....
CopyCited 5 times | Published | Florida 5th District Court of Appeal | 15 Fla. L. Weekly Fed. D 1211
...We remand for resentencing on the driver's license charge which was not appealed, and we remand for a new trial on the leaving the scene of an accident charge. REVERSED and REMANDED. DANIEL, C.J., and COBB, J., concur. NOTES [1] §
782.07, Fla. Stat. (1987). [2] §
316.027, Fla. Stat. (1987). [3] §
322.03, Fla....
CopyCited 5 times | Published | Florida 2nd District Court of Appeal | 1997 WL 476461
...It is designed to be operated by a person in the standing position, with the brake and throttle levers located on the upright handlebars. The vehicle has no seat and no pedals, its maximum speed generally does not exceed 30 m.p.h., and the internal combustion engine displacement is approximately 22.5 cubic centimeters. Section 322.03(1) of the Florida Statutes provides that "......
CopyCited 4 times | Published | Florida 5th District Court of Appeal | 2005 WL 562657
...1769,
135 L.Ed.2d 89 (1996) (the reasonableness of a traffic stop is based upon the validity of the basis asserted by the officer involved in the stop); Terry v. Ohio,
392 U.S. 1,
88 S.Ct. 1868,
20 L.Ed.2d 889 (1968). AFFIRMED. SAWAYA, C.J., and PETERSON, J., concur. NOTES [1] §
322.34(5), Fla. Stat. (2003). [2] §
322.03(1), Fla....
CopyCited 4 times | Published | Florida 1st District Court of Appeal | 1999 WL 219331
...The parties agree that the written juvenile disposition order must be corrected. [1] False imprisonment is a third-degree felony "punishable by a term of imprisonment not exceeding five years." §§
787.02(2) &
775.082(3)(d), Fla. Stat. (1997). Not having a valid driver's license is a second-degree misdemeanor pursuant to section
322.03(1) &
322.39(2), Florida Statutes (1997), punishable by a term not exceeding 60 days....
CopyCited 2 times | Published | Supreme Court of Florida | 2013 WL 6124277
...NO, Reckless driving causing
316.192(3)(a)(b)(c)l 28.5 injury_ Reckless driving_316.192(l)(a)28.5 Reckless driving causing
316.192(3)(a)(b)(c)l 28.5 property damage Comment This instruction was adopted in 1981 and amended in 2013. 28.9 NO VALID DRIVER’S LICENSE §
322.03, Fla....
...he capability to operate the vehicle, regardless of whether [he][she] is actually operating the vehicle at the time. Lesser Included Offenses No lesser — included offenses have been identified for this offense. *697 NO VALID DRIVER’S LICENSE —
322.03 CATEGORY ONE CATEGORY TWO FLA. INS. NO. STAT. None Attempt_777.04(1) 61 Comment This instruction was adopted in 1981, and amended in 2007 [
958 So.2d 361 ] and 2013. 28.9(a) NO VALID COMMERCIAL DRIVER’S LICENSE §
322.03, Fla....
...“Actual physical control” of a vehicle means the defendant must be physically in or on the vehicle and have the capability to operate the vehicle, regardless of whether [he][she] is actually operating the vehicle at the time. Lesser Included Offenses NO VALID COMMERCIAL DRIVER’S LICENSE — §
322.03 CATEGORY ONE CATEGORY TWO FLA.STAT. INS. NO. No Valid Driver’s
322.03 28.9 License Attempt 777,04(1) 51 Comment This instruction was adopted in 2007 [
958 So.2d 361 ] and amended in 2013....
...spension], [revocation] of the defendant’s driving privilege. Lesser Included Offenses *701 DRIVING WHILE LICENSE SUSPENDED, REVOKED OR CANCELED, LICENSE WITH KNOWLEDGE — §
322.34 CATEGORY ONE CATEGORY TWO FLA. STAT INS. NO. No Valid Driver’s
322.03 28.9 License Attempt_777.04(1) 5.1 Comment This instruction was adopted in 1981, and amended in 2007 to reflect Laws of Florida 97-300, Section 40, effective October 1, 1997 [
958 So.2d 361 ] and 2013....
...regardless of whether [he] [she] is actually operating the vehicle at the time. Lesser Included Offenses DRIVING WHILE LICENSE REVOKED AS A HABITUAL TRAFFIC OFFENDER — § 322,34(5) CATEGORY ONE CATEGORY TWO FLA. STAT. INS. NO, No Valid Driver’s
322.03 28.9 License Attempt_777.04(1)51 *702 Comment This instruction was adopted in 2007 [
958 So.2d 361 ] and amended in 2013....
CopyCited 2 times | Published | Florida 4th District Court of Appeal | 2003 WL 21658536
...We reverse and remand with directions to the trial court to reinstate the charges against appellee. Appellee, Melissa Meister, whose driver's license had previously been suspended, was charged by information with driving while license suspended. Appellee moved to dismiss the Information against her on the grounds that section 322.03(1), Florida Statutes (2001), is unconstitutional on its face, and as applied to her, and that it is overbroad and vague. Meister alleged that she was arrested while riding a moped and charged with driving with a suspended license. She argued that section 322.03(1) does not provide a clear meaning of the conduct which is prohibited by statute, *1128 thereby rendering it unconstitutionally vague....
...In addition to arguing that other statutes do not consider a moped a motor vehicle, appellee argued that section
322.34(2), concerning licenses to drive a motor vehicle, was unconstitutional as applied. The court held that not only was the definition in section
322.03 at issue but whether
322.34(2) was unconstitutional as applied was also at issue....
...(b) A second conviction is guilty of a misdemeanor of the first degree, punishable as provided in s.
775.082 or s.
775.083. (c) A third or subsequent conviction is guilty of a felony of the third degree, punishable as provided in s.
775.082, s.
775.083, or s.
775.084. (emphasis added). Section
322.03(1), Florida Statutes (2001), provides: Driver must be licensed; penalties (1) Except as otherwise authorized in this chapter, a person may not drive any motor vehicle upon a highway in this state unless such person has a valid driver's license under the provisions of this chapter....
CopyCited 2 times | Published | Florida 5th District Court of Appeal | 2005 WL 3555572
...Keepit-Safe did maintain worker's compensation insurance, as required by Florida law, which was in full force and effect on the day of the accident. In her wrongful death action against Woodson, Ivey alleged that Woodson had a statutory duty pursuant to sections
322.03(4) and
322.12(5)(a), Florida Statutes (2002), to ensure that Christopher had a motorcycle endorsement prior to allowing him to operate his motorcycle, that Woodson was negligent in failing to do so, and that this failure resulted in, or contributed to, Christopher's death....
...SHARP, W., and PETERSON, JJ., concur. NOTES [1] It was explained at trial that the usual practice was for helpers like Christopher to be driven to the job site in the moving truck, help the driver with the moving job, and then return to the office with the driver. [2] Section 322.03(4), Florida Statutes (2002), provides that a person may not operate a motorcycle unless he or she holds a driver's license that authorizes such operation, subject to the appropriate restrictions and endorsements....
...Section
322.12(5)(a), Florida Statutes (2002), requires the Department of Highway Safety and Motor Vehicles to formulate a separate examination and licensure requirement for motorcycle operation. [3] We are also unpersuaded, though do not decide, that the statutes Ivey relies on in her complaint, sections
322.03(4) and
322.12(5)(a), create civil liability on the part of anyone other than the operator of the motorcycle. Section
322.03(4) requires the operator of a motorcycle to be properly licensed....
CopyCited 1 times | Published | Florida 4th District Court of Appeal | 2007 Fla. App. LEXIS 1792, 2007 WL 461335
...The sentence says that the exclusion applies to a person using a vehicle without a reasonable belief that he is entitled to do so. But driver’s licensure law does not forbid using a vehicle without an entitlement; instead it forbids driving any vehicle on the highway without a valid license. See § 322.03(1) Fla....
CopyCited 1 times | Published | Florida 4th District Court of Appeal | 1997 WL 795664
...We sua sponte grant clarification of this court's prior opinion issued on November 19, 1997, and substitute the following opinion in its place. Appellant, Timothy Waites, appeals his conviction and sentence for operating a motor vehicle without having a driver's license, as required under Florida Statutes
322.03(3)(b), in a careless and negligent manner resulting in the death of another human being in violation of Section
322.34(3)(a), Florida Statutes....
...And but for his operation of that vehicle, we would not have a deceased victim in this case. Section
322.34(3), Florida Statutes (1995), provides in pertinent part as follows: (3) Any person who operates a motor vehicle: (a) Without having a driver's license as required under s.
322.03; or (b) While his or her driver's license or driving privilege is canceled, suspended, or revoked pursuant to s....
...knew of his license's invalidity; on the contrary, the unrebutted evidence was that appellant believed that he possessed the appropriate license. We reverse and remand appellant's conviction and sentence for operating a motor vehicle in violation of section
322.03(3)(b), in a careless and negligent manner resulting in the death of another human being in violation of section
322.34(3)(a) and direct that he be discharged as to this charge. We remand the violation of probation charges to the trial court to determine whether the charges are founded on a violation of section
322.03(3)(b), Florida Statutes, or whether the affidavit of violation encompasses allegations of conduct sufficient to support a violation of probation without regard to violation of that statute. If the charges are founded only on a violation of section
322.03(3)(b), then and in such event appellant's probations must be reinstated....
CopyCited 1 times | Published | Florida 4th District Court of Appeal | 2005 WL 957594
...h juvenile delinquency actions in three separate cases. The three cases were consolidated for purposes of this appeal. The three defendants, minors at the time of their offenses, were each charged with driving without a valid license, a violation of section 322.03(1), Florida Statutes (2003)....
...§
322.39, Fla. Stat. (2003). Under section
316.635(1), the county court has original jurisdiction over the offenses allegedly committed by the three defendants. See also State v. C.B.K.,
362 So.2d 354 (Fla. 1st DCA 1978) (holding that a violation of
322.03(1), the statute the defendants in this case are accused of violating, was not an act of delinquency but was a traffic offense triable in the county court traffic division)....
CopyCited 1 times | Published | Florida 1st District Court of Appeal
...We have jurisdiction pursuant to Florida Rules of Appellate
Procedure 9.030 and 9.160, and we rephrase the certified questions
as follows: Does a person who has never had a Florida driver’s
license and who is not exempt from the licensing requirement
under section
322.031 or section
322.04, Florida Statutes, have a
“driving privilege” such that he or she can be convicted under
section
322.34(1) or section
322.34(2), Florida Statutes? We
answer the rephrased certified question in the negative....
...3
“Except as otherwise authorized in [chapter 322, titled ‘Driver
Licenses’], a person may not drive any motor vehicle upon a
highway in this state unless such person has a valid driver license
issued under this chapter.” § 322.03(1), Fla....
...Stat. (2016); see also
§
322.39(1), Fla. Stat. (2016) (“It is a misdemeanor for any person
to violate any of the provisions of this chapter, unless such
violation is declared to be otherwise by this chapter or other law of
this state.”). Sections
322.031 and
322.04 set forth exceptions to
the Florida driver’s license requirement, which include
nonresidents who possess a valid driver’s license issued by their
home state. §§
322.031,
322.04, Fla....
...3d 254, 256 (Fla.
1st DCA 2017). Moreover, “[a] person operating a motor vehicle on
the roads of this State must possess a valid license issued by the
State of Florida or fall under an exception to licensure.” State v.
Miller,
227 So. 3d 562, 564 (Fla. 2017) (citing section
322.03(1)).
Considering sections
322.03 and
322.04 in pari materia, the term
“driving privilege” “refers to all the individuals who may lawfully
operate vehicles on Florida’s roads, even if they do not possess a
Florida driver license.” Id. at 564. A person who does not have a
Florida driver’s license and who does not fall within a statutory
exemption to licensure does not have any driving privilege and is
guilty of driving without a valid driver’s license, a violation of
section
322.03. Id. at 564-65 (noting that the Legislature has not
created enhanced penalties for persons who accumulate multiple
violations of section
322.03); see also Burgess v....
...be convicted under section
322.34(2). In light of Miller, we answer the rephrased certified
question in the negative and conclude that a person who has never
had a Florida driver’s license and who is not exempt from the
licensing requirement under section
322.031 or section
322.04 does
not have a driving privilege such that he or she can be convicted
under section
322.34(1) or section
322.34(2)....
...harmonize their meaning and give effect to the Legislature’s
intent. Miller,
227 So. 3d at 564. The Legislature made clear that
it is unlawful to drive a motor vehicle on Florida highways without
a valid Florida driver’s license, except as otherwise authorized by
chapter 322. See §§
322.03(1),
322.39(1), Fla. Stat. Chapter 322
in turn sets forth specific exemptions to the Florida licensing
requirement, such as for nonresidents, members of the army, and
federal government employees. See §§
322.031,
322.04, Fla....
...322.27(5),” but section
322.27(5) speaks only of
the revocation of a driver’s license). Similarly, several statutes
indicate that “driving privilege” is something that is granted to
persons by the government, such as to nonresidents. See, e.g., §
322.03(1), Fla....
...Miller,
227 So. 3d at 564. Unlike
section
322.34(2), which speaks only of a “driver license or driving
privilege,” section
322.34(6) expressly distinguishes between
persons operating a vehicle “[w]ithout having a driver license as
required under s.
322.03” and “[w]hile ....
...the Legislature did not intend section
322.34(2) to apply to persons
who have never had a license. See §
322.34(6), Fla. Stat. (2016)
(making it a third-degree felony for a person who operates a motor
vehicle “without having a driver license as required under s.
322.03; or [w]hile his or her driver license or driving privilege is
canceled, suspended, or revoked” to cause death or serious bodily
injury to another by the careless or negligent operation of the
8
vehicle)....
CopyPublished | District Court of Appeal of Florida
second-degree misdemeanor for violation of section
322.03, Florida Statutes." Miller,
227 So. 3d
CopyPublished | Supreme Court of Florida | 2017 WL 4296307
...State,
335 So.2d 815, 817 (Fla. 1976). With these principles in mind, we turn to the statutes. A person operating a motor vehicle on the roads of this State must possess a valid license issued by the State of Florida or fall under an exception to licensure. §
322.03(1), Fla....
... We cannot find that both terms mean the same thing because doing so improperly treats the words as “mere sur-plusage.” Heart of Adoptions,
963 So.2d at 198-99 . Individuals like Miller are guilty of a second-degree misdemeanor for violation of section
322.03, Florida Statutes. See §
322.39, Fla. Stat. (2017). The Legislature has not articulated enhanced penalties for individuals who accumulate multiple violations of section
322.03....
CopyAgo (Fla. Att'y Gen. 2003).
Published | Florida Attorney General Reports
...nes "motor vehicle" as "any self-propelled vehicle, including a motor vehicle combination, not operated upon rails or guideway, excluding vehicles moved solely by human power, motorized wheelchairs, and motorized bicycles as defined in s.
316.003 ." Section
322.03 (1), Florida Statutes, provides that except as authorized in Chapter 322 , Florida Statutes, "a person may not drive any motor vehicle upon a highway in this state unless such person has a valid driver's license under the provisions of this chapter." Since a motorized scooter still falls within the definition of "motor vehicle" as provided in section
322.01 (26), section
322.03 would appear to prohibit a person from driving such a vehicle on the highways of this state unless licensed....
CopyPublished | Florida 5th District Court of Appeal | 2015 Fla. App. LEXIS 14988, 2015 WL 5883717
...1 We find that only one issue on appeal has merit. Appellant argues, inter alia, that double jeopardy prohibits dual convictions for driving with a suspended license in violation of section
322.34(2)(a), Florida Statutes (2013), and driving without a valid license in violation of section
322.03(1), Florida Statutes (2013)....
...State,
871 So.2d 929, 930 (Fla. 5th DCA 2004). The State properly concedes that the elements of driving without a valid license are subsumed by the elements of driving with a suspended license. Roedel v. State,
773 So.2d 1280, 1282 (Fla. 5th DCA 2000) (“In other words, section
322.03(1) is a" necessary lesser included offense of section
322.34(2).”)....
CopyAgo (Fla. Att'y Gen. 2004).
Published | Florida Attorney General Reports
1-16-85). 2 Section
316.212(1), Fla. Stat. 3 Section
322.03, Fla. Stat. 4 Section
322.04(1)(e), Fla. Stat
CopyPublished | Florida 4th District Court of Appeal | 2007 WL 4125796
...that the motorcycle was not a motor vehicle and that a driver's license was not required to operate it. This issue may be resolved simply by referring to the statutes, as they are not ambiguous. See Soto v. State,
711 So.2d 1275 (Fla. 4th DCA 1998). Section
322.03(1) states, "[E]xcept as otherwise authorized in this chapter, a person may not drive any motor vehicle upon a highway in this state unless such person has a valid driver's license under the provisions of this chapter." Section
322.01(2...
CopyPublished | Supreme Court of Florida | 32 Fla. L. Weekly Supp. 183, 2007 Fla. LEXIS 771, 2007 WL 1287506
...The instructions as set forth in the appendix shall be effective when this opinion becomes final. It is so ordered. LEWIS, C.J., and WELLS, ANSTEAD, PARIENTE, QUINCE, CANTERO, and BELL, JJ., concur. APPENDIX 28.9 NO VALID OPERATORS OR CHAUFFEUR’S DRIVER’S LICENSE § 322.03, Fla....
...actually operating the vehicle at the time. Lesser Included Offenses No lesser included offenses have been identified for this offense. Comment This instruction was adopted in 1981, and amended in 2007. 28.9(a) NO VALID COMMERCIAL DRIVER’S LICENSE § 322.03, Fla....
...“Actual physical control” of a vehicle means the defendant must be physically in or on the vehicle and have the capability to operate the vehicle, regardless of whether [he] [she] is actually operating the vehicle at the time. *364 Lesser Included Offenses No Valid Commercial Drivers License — § 322.03 CATEGORY CATEGORY FLA. INS-ONE_TWO_STAT. NO. No Valid Driver’s License 322.03 28.9 Comment This instruction was adopted in 2007....
...fendant’s driving privilege. Lesser Included Offenses No lesser included offenses have been identified for this offense, SUSPENDED, REVOKED OR CANCELED LICENSE — §
322.34 CATEGORY ONE CATEGORY TWO FLA. STAT. INS. NO. No Valid Driver’s License
322.03 28.9 *366 Comment This instruction was adopted in 1981, and amended in 2007 to reflect Laws of Florida 97-300, Section 40, effective October 1,1997....
CopyAgo (Fla. Att'y Gen. 1976).
Published | Florida Attorney General Reports
possess a valid driver's or chauffeur's license. Section
322.03, F. S. Nowhere within Ch. 322, F. S., is there
CopyPublished | Florida 1st District Court of Appeal | 2011 Fla. App. LEXIS 2680, 2011 WL 715009
...section
322.34(5), Florida Statutes (2009) (Count I); driving while license suspended, revoked or canceled with knowledge, in violation of section
322.34(2)(c), Florida Statutes (2009) (Count II); and driving without a valid license, in violation of section
322.03(1), Florida Statutes (2009) (Count III)....
CopyPublished | Florida 5th District Court of Appeal | 2011 Fla. App. LEXIS 3272, 2011 WL 830634
...REVERSED and REMANDED. ORFINGER and COHEN, JJ., concur. . Jurisdiction is proper pursuant to rule 9.140(C)(1)(B) of the Florida Rules of Appellate Procedure. . See §
812.014(2)(c)6, Fla. Stat. (2008). . See §
893.13(6)(a), Fla. Stat. (2008). . See §
322.03(1), Fla....
CopyPublished | District Court of Appeal of Florida | 1982 Fla. App. LEXIS 20329
...single transaction: (1) DWI-manslaughter, in violation of section 860.01, Florida Statutes (1981); (2) vehicular homicide, in violation of section
782.071, Florida Statutes (1981); and (3) driving without a valid driver’s license, in violation of section
322.03, Florida Statutes (1981)....
CopyPublished | Florida 3rd District Court of Appeal | 2016 Fla. App. LEXIS 8290, 2016 WL 3066474
...canceled, or
disqualified.” See §
322.34(5), Fla. Stat. (2014).1 The trial court treated Miller’s
sworn motion to dismiss as a motion for reduction of charges to the lesser included
offense of driving without a valid driver’s license. See §
322.03(1), Fla....
...k no further than section
322.34(6) to confirm that the legislature clearly knew how to extend a punishment
to those without licenses:
Any person who operates a motor vehicle:
(a) Without having a driver’s license as required under s.
322.03; or
(b) While his or her driver’s license or driving privilege is canceled,
suspended, or revoked pursuant to s....
CopyPublished | Florida 2nd District Court of Appeal
...22 regulates licensure for the
operation of motor vehicles. It sets up a general rule that a person must have a valid
driver's license issued by the Department of Highway Safety and Motor Vehicles in
order to operate a motor vehicle in the state. § 322.03(1)....
...State,
898 So. 2d 1133, 1134 (Fla. 4th DCA
2005), and State v. Bletcher,
763 So. 2d 1277, 1278 (Fla. 5th DCA 2000), to the extent
that those cases cite our prior opinion in Carroll with approval.
-4-
§§
322.03, .04. Absent an exception, driving a car without a valid driver's license is a
misdemeanor of the second degree. See §§
322.03(1), .39.
The term "driver's license" is defined by section
322.01(17) as "a
certificate that, subject to all other requirements of law, authorizes an individual to drive
a motor vehicle and denotes an operator's license as defined in 49 U.S.C....
...blic streets,
roads, or highways." The requirement that a motor vehicle operator have a driver's
license thus means that the operator must have a certificate issued by the Department
that authorizes the person to operate a motor vehicle. See also § 322.032(3) (providing
for the development of "digital proof of driver's license" on the same terms required for
"issuance of a physical driver's license").
In 1972, the legislature amended chapter 322 to add a requirement—
codi...
...Although it is not necessary for us to identify all circumstances that understanding might
reach, it at least includes both the ability to drive as conferred by a driver's license and
the legal ability to drive as conferred by an exemption from licensure. See §§ 322.03,
.04....
CopyPublished | Florida 5th District Court of Appeal | 2006 Fla. App. LEXIS 1998, 2006 WL 358233
...rrero’s driver’s license was suspended. 5. Trooper Medei arrested Leonardo Marrero for driving while license suspended. Marrero acknowledges that driver’s licenses are generally required to drive any motor vehicle upon a highway in this state. § 322.03(1), Fla....
CopyAgo (Fla. Att'y Gen. 1998).
Published | Florida Attorney General Reports
...(1998 Supp.), which requires parties using the depository for support payments to inform the depository of changes in names or addresses within 7 days. 7 See, Dickinson v. Davis,
224 So.2d 262 (Fla. 1969); Sharer v. Hotel Corporation of America,
144 So.2d 813 (Fla. 1962). 8 Section
322.03 (1), Fla....
CopyPublished | Florida 1st District Court of Appeal | 2003 Fla. App. LEXIS 18812, 2003 WL 22927232
...elony pursuant to section
316.1935(3), Florida Statutes (2002); felony DUI (Count II), a third-degree felony pursuant to section
316.193, Florida Statutes (2002); and misdemeanor driving without a valid driver’s license (Count III), a violation of section
322.03(1), Florida Statutes (2002)....
CopyPublished | District Court, S.D. Florida | 2014 U.S. Dist. LEXIS 170817, 2014 WL 7779275
...Ste *1335 phens states that the hospital staff began treating him differently after learning that his injuries occurred at the hands of a Broward Sheriffs Office deputy. Id. Stephens was ultimately issued a citation for violation of Florida Statute section 322.03(1), and pled “No Contest with a Withhold of Adjudication.” DE 101 Ex. 1 ¶ 10; see also DE 37 ¶ 23. 4 Stephens pled no contest to the violation of Florida Statute section 322.03(1), even though he possessed a driver’s license issued in Jamaica at the time, in order to attend a funeral in Jamaica....
...A “no contest” plea constitutes a conviction, even where adjudication of guilt has been withheld. Behm v. Campbell,
925 So.2d 1070, 1072 (Fla.Dist.Ct.App.2006). Here, it is uncontested that the Plaintiff pled no contest to the offense of arrest, Florida Statute section
322.03(1)....
CopyPublished | Florida 4th District Court of Appeal | 2002 Fla. App. LEXIS 11279, 2002 WL 1798733
...In Roedel , the Fifth District, certifying conflict with the First District’s holding in Lanier v. State,
226 So.2d 37 (Fla. 1st DCA 1969), determined that a person could not be convicted and sentenced for driving without a valid driver’s license under section
322.03(1) and driving with a suspended or revoked license under section
322.34(2), without violating double jeopardy. Id. at 1282. In reaching this conclusion, the court reasoned that a person who violates section
322.34(2), by driving with a revoked or suspended license, necessarily violates section
322.03(1), driving without a valid license....
CopyPublished | Florida 1st District Court of Appeal
...“whole picture” presented to the trooper provided “a particularized
and objective basis” to suspect that Powell was operating his car
without a valid driver’s license, a misdemeanor offense in Florida.
Cortez,
449 U.S. at 713; Arvizu,
534 U.S. at 273.; see §
322.03(1),
Fla....
CopyPublished | District Court of Appeal of Florida | 1969 Fla. App. LEXIS 5221
...by the legislature. The judgment here assaulted does not constitute a departure from the essential requirements of law and therefore will not be disturbed. Certiorari is denied. CARROLL, DONALD K., Acting Chief Judge, and SPECTOR, J., concur. . F.S. § 322.03(1), F.S.A....
CopyPublished | Court of Appeals for the Eleventh Circuit
Argued: Sep 28, 2022
...Brooks admitted that
he did not. Officer Miller then repeatedly asked Brooks why he
didn’t have a driver’s license. And when Brooks didn’t answer, Of-
ficer Miller arrested Brooks for driving without a license.
Florida Statutes § 322.03(1) makes it a misdemeanor for any
person to operate a car without a driver’s license....
CopyPublished | District Court of Appeal of Florida | 1978 Fla. App. LEXIS 17188
...This cause is before us on appeal from the judgment of the Circuit Court, Duval County, dismissing the petition against a *355 juvenile charging delinquency based on operating a motor vehicle on a highway of the State of Florida without a valid license, contrary to Florida Statute § 322.03(1). The question here is whether a juvenile who operates a motor vehicle without a valid driver’s license can be prosecuted under (1) Florida Statute § 322.03(1), 1 a misdemeanor triable in the Circuit Court, Juvenile Division, or (2) Florida Statutes § 316.-625(2) 2 (a traffic offense triable in the County Court, Traffic Division, unless jurisdiction is waived). The State contends that it has the option to prosecute under either statute, and in this case elected to prosecute under § 322.03(1)....
...fficials, as to whether the violation be treated as a juvenile traffic offense or, on waiver of jurisdiction to Circuit Court, a potential act of delinquency. Accordingly, the judgment below is AFFIRMED. MILLS, Acting C. J., and ERVIN, J., concur. . § 322.03(1): “No person, except those hereinafter expressly exempted, shall drive any motor vehicle upon a highway in this state unless such person has a valid license as an operator or chauffeur under the provisions of this chapter ....
CopyPublished | Florida 1st District Court of Appeal | 2010 Fla. App. LEXIS 11707, 2010 WL 3120223
...Accordingly, we affirm the trial court's denial of Appellant's motion for postconviction relief. AFFIRMED. BENTON, VAN NORTWICK and WETHERELL, JJ., concur. NOTES [*] Count IV alleged that Appellant "did unlawfully drive a motor vehicle upon a highway of this state without having a driver's license as required by Section
322.03, Florida Statutes, and, by careless or negligent operation of the motor vehicle did cause the death of or serious bodily injury to another human being, Crystal Riley and/or Cynthia Riley, contrary to Section
322.34(6)(a), Florida Statu...
CopyPublished | District Court of Appeal of Florida | 1999 Fla. App. LEXIS 5003
...1 False imprisonment is a third-degree felony “punishable by a term of imprisonment not exceeding five years.” §§
787.02(2) &
775.082(3)(d), Fla. Stat. (1997). Not having a valid driver’s license is a second-degree misdemeanor pursuant to section
322.03(1) &
322.39(2), Florida Statutes (1997), punishable by a term not exceeding 60 days....
