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STATE v. RAIRDON

No. 98-01445.

722 So.2d 846 (1998)

STATE of Florida, Appellant, v. Jeffrey RAIRDON, Appellee.

District Court of Appeal of Florida, Second District.

Rehearing Denied December 10, 1998.

Attorney(s) appearing for the Case

Robert A. Butterworth, Attorney General, Tallahassee, and Erica M. Raffel, Assistant Attorney General, Tampa, for Appellant.

Larry Sandefer, Clearwater, for Appellee.

PER CURIAM.

The State appeals the order of the trial court granting the motion to dismiss filed by the appellee, Jeffrey Rairdon. The trial court stated that a driver's license was not required to operate a moped under section 322.34, Florida Statutes (1995), and granted appellee's motion to dismiss. However, this court held that a moped is a motor vehicle, the operation of which requires a driver's license under chapter 322. See Jones v. State, 23 Fla. L....

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