Defendant had been drinking with friends and asked to borrow a motorcycle belonging to one of them. Defendant was unable to control the motorcycle and was ejected, suffering lacerations to the majority of his body and a serious head injury. Police charged the Defendant with DUI With Serious Bodily Injury and Operating a Motorcycle Without a Valid License.
DUI With Serious Bodily Injury
In Florida, a DUI (Driving Under the Influence) with serious bodily injury charge occurs when a person is driving unlawfully under the influence of alcohol, drugs, or other controlled substances, and injures someone seriously, including the driver of the vehicle. Serious bodily injury is defined as creating substantial risk of death, personal disfigurement, or protracted loss or impairment of any bodily organ or member.
This has a penalty of up to five years in prison or five years of probation. There will also be a fine of $5,000. There will also be restitution that needs to be paid to the victim for their losses.
A DUI that has serious bodily injury will also have a Level 7 offense given underneath the Florida Criminal Punishment Code. It will be given a point level of 56. An extra 40 points may be given for severe bodily injury If this sentence is imposed, a mandatory jail sentence minimum will be 51 months.
Operating a Motorcycle Without a Valid License
As per Florida Statute 322.03(4), operating a motorcycle without a valid license is a criminal misdemeanor in the second degree. Penalties for this include a $500 fine, up to six months of probation, and/or up to 60 days time in the county jail. If you are found to be operating the motorcycle without a valid license, you will not be allowed to drive the bike home. Police will impound the motorcycle, give you a ride to the police station where the ticket will be issued, and you will then need to call someone for a ride home.
If you do not have the endorsement on your driver’s license for operating a motorcycle, you can take the basic rider course. If you pass the test, your charge can be dismissed and you will legally be able to ride a motorcycle.
Musca Law Firm
At Musca Law Firm, we are very knowledgeable about the law and motorcycle traffic offenses. Please call us today for a free initial case consultation with one of our experienced attorneys. We have offices located in various cities across the state for your convenience. Our attorneys have over 150 years of combined legal experience. Let us work for you to clear up your legal troubles. In many cases, we can have the charges lowered or completely dropped. Don’t hesitate to call us today at (888) 484-5057 to speak with one of our experienced attorneys.
RESULT: The Musca Law Attorney was able to successfully negotiate a plea and the DUI charge was lowered down to Reckless Driving. The State DISMISSED the charge of Driving Without a Valid License.