No Motorcycle Endorsement

[threat]

What is the name of your state?
Florida

I received a ticket today for riding my motorcycle without the proper endorsement on my license.

It is violation 322.57(2)

I had a restricted permit to ride but it had expired so I know I am at fault. The only thing I am trying to figure out is what kind of judgement should I be expecting. I cannot find any information on what the fine would be. The only information I can find is that on the comercial edorsements. I have to go to court withing the next 10 days.


I will post the statute for you to get a better understanding.

322.57 Tests of knowledge concerning specified vehicles; endorsement; nonresidents; violations.--

(1) In addition to fulfilling any other driver's licensing requirements of this chapter, a person who:

(a) Drives a double or triple trailer must successfully complete a test of his or her knowledge concerning the safe operation of such vehicles.

(b) Drives a passenger vehicle must successfully complete a test of his or her knowledge concerning the safe operation of such vehicles and a test of his or her driving skill in such a vehicle.

(c) Drives a tank vehicle must successfully complete a test of his or her knowledge concerning the safe operation of such vehicles.

(d) Drives a vehicle that transports hazardous materials and that is required to be placarded in accordance with Title 49 C.F.R. part 172, subpart F, must successfully complete a test of his or her knowledge concerning the safe operation of such vehicles. Knowledge tests for hazardous-materials endorsements may not be administered orally for individuals applying for an initial hazardous-materials endorsement after June 30, 1994.

(e) Operates a tank vehicle transporting hazardous materials must successfully complete the tests required in paragraphs (c) and (d) so that the department may issue a single endorsement permitting him or her to operate such tank vehicle.

(f) Drives a motorcycle must successfully complete a test of his or her knowledge concerning the safe operation of such vehicles and a test of his or her driving skills on such vehicle. A person who successfully completes such tests shall be issued an endorsement if he or she is licensed to drive another type of motor vehicle. A person who successfully completes such tests and who is not licensed to drive another type of motor vehicle shall be issued a Class E driver's license that is clearly restricted to motorcycle use only.

(2) Before driving or operating any vehicle listed in subsection (1), a person must obtain an endorsement on his or her driver's license. An endorsement under paragraph (a), paragraph (b), paragraph (c), paragraph (d), or paragraph (e) of subsection (1) shall be issued only to persons who possess a valid Class A, valid Class B, or valid Class C driver's license. A person who drives a motor vehicle or motor vehicle combination that requires an endorsement under this subsection and who drives a motor vehicle or motor vehicle combination having a gross vehicle weight rating, a declared weight, or an actual weight, whichever is greatest, of less than 26,000 pounds shall be issued a Class C driver's license that is clearly restricted to the operation of a motor vehicle or motor vehicle combination of less than 26,000 pounds.

(3)(a) A person who is not a resident of this state and who possesses a valid driver's license issued by another jurisdiction may drive a motor vehicle within this state; however, any nonresident who drives a commercial motor vehicle within this state must possess a valid commercial driver's license with proper endorsements issued in substantial compliance with the Commercial Motor Vehicle Safety Act of 1986.

(b) The department shall enter into agreements with other jurisdictions to implement and administer this subsection.

(4)(a) Except as provided in paragraph (b), any person who operates a commercial motor vehicle and who does not possess a valid commercial driver's license authorizing such operation is guilty of a misdemeanor of the first degree, punishable as provided in s. 775.082 or s. 775.083.

(b) Any person whose commercial driver's license has been expired for a period of 30 days or less and who drives a commercial motor vehicle within this state, is guilty of a nonmoving violation, punishable as provided in s. 318.18.

 

[JETX]

You didn't research the Florida Code very well.

322.03 Drivers must be licensed; penalties.--
"(4) 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.

"322.39 Penalties.--
(1)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.
(2) Unless another penalty is provided in this chapter or by the laws of this state, a person convicted of a misdemeanor for the violation of a provision of this chapter is guilty of a misdemeanor of the second degree, punishable as provided in s. 775.082 or s. 775.083.

"775.082 Penalties; applicability of sentencing structures; mandatory minimum sentences for certain reoffenders previously released from prison.--
(4) A person who has been convicted of a designated misdemeanor may be sentenced as follows:
(a) For a misdemeanor of the first degree, by a definite term of imprisonment not exceeding 1 year;
(b)For a misdemeanor of the second degree, by a definite term of imprisonment not exceeding 60 days."

"775.083 Fines.--
(1) A person who has been convicted of an offense other than a capital felony may be sentenced to pay a fine in addition to any punishment described in s. 775.082; when specifically authorized by statute, he or she may be sentenced to pay a fine in lieu of any punishment described in s. 775.082. A person who has been convicted of a noncriminal violation may be sentenced to pay a fine. Fines for designated crimes and for noncriminal violations shall not exceed:
(a) $15,000, when the conviction is of a life felony.
(b) $10,000, when the conviction is of a felony of the first or second degree.
(c) $5,000, when the conviction is of a felony of the third degree.
(d) $1,000, when the conviction is of a misdemeanor of the first degree.
(e) $500, when the conviction is of a misdemeanor of the second degree or a noncriminal violation.
(f) Any higher amount equal to double the pecuniary gain derived from the offense by the offender or double the pecuniary loss suffered by the victim.
(g) Any higher amount specifically authorized by statute."
Source for the above:
http://www.leg.state.fl.us/statutes/index.cfm?App_mode=Display_Statute&URL=Ch0322/ch0322.htm

 

[threat]

I have read all that but can you put it in simple english. everyone knows how hard it is to interpret law talk!

This is my first ticket that has required me to go to court.


I have had speeding tickets before and have just paid them. Guess I should slow down. Thats what got me pulled over in the first place. He said I had to be going atleast 60 in a 40. Of course it was more like 90 but I am not complaining that I didn't get the speeding ticket.

Anyways if this can be translated into simple english It would be appreciated.

 

[JETX]

Translation:
If you are found guilty of driving a motorcycle without the proper endorsement (as you have already admitted), you could be:
- fined: up to $500
- sentence: "definite term of imprisonment not exceeding 60 days"

 

[threat]

tyvm

 

[JETX]

YVM
Back

 

[threat]

Another quick question. After telling me that he can take me to jail for this offense why would he let me get right back on the bike after giving me the ticket to continue to ride the bike where I was going. Isn't that like saying your breaking the law but I will let you continue to break the law. Oh well.

Do you think if I did the following It would help out in my sentence.

1. Go get another restricted permit to ride the bike.
Good for 60 days. I had one (not on me) but it was expired and they dont keep records in thier computers on it. Just a peice of paper that says that its a restricted license for motorcycle that you must carry with your actual license. Hell the cop told me he never hear of such a thing and that they didnt do that when he got his license for his bike when he got one.

2. Go get another restricted permit and then take the riding course to get my actual endorsement on my license.

Thats about all I can think of to help out my cause.
anything you can think off. It would really hurt my family if I had to spend some time served of any length or alot of cash for a fine.

 

[threat]

another quick one.

I am being charged with 322.57(2) not 322.03(4) so will the fall back to the 322.03(4) with the ticket saying 322.57(2) cuz with 322.57(4) all the fines I see with that are for the commercial aspect. I dont know. I am just searching for something.....