WOOD v. STATE

No. 97-4900.

717 So.2d 617 (1998)

Thomas WOOD, Appellant, v. STATE of Florida, Appellee.

District Court of Appeal of Florida, First District.

September 23, 1998.


Attorney(s) appearing for the Case

Nancy A. Daniels, Public Defender; P. Douglas Brinkmeyer, Assistant Public Defender, Tallahassee, for Appellant.

Robert A. Butterworth, Attorney General; L. Michael Billmeier, Assistant Attorney General, Tallahassee, for Appellee.


WEBSTER, Judge.

Appellant was charged in county court with driving a motor vehicle while his license was revoked, in violation of section 322.34(2)(a), Florida Statutes (1995). He filed a sworn motion to dismiss in which he asserted that he had been driving a moped at the time of the alleged offense; and argued that, because a moped is not a "motor vehicle" for purposes of section 322.34, no offense had been committed. The state filed a traverse to the motion, contending...

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