Seminole, FL asked in Criminal Law for Florida

Q: I am defending myself and I want to make sure I approach this correctly.

I am defending myself.

If I am going to refer to the two FL State Statutes the officer wrote on the citation, do I need to submit a copy of them as the officer is mis-interpreting the statute.

One is 320.27. He thinks it governs the use of a dealer license plate. It does not. It governs the definition of a dealer, license requirements, fees and taxes, interactions with the public, etc. I wanted to ask him to point out in the FSS where is governs the use of the dealer license tag as it does not (it is governed in FSS 320.12(1)(a)).

The second is FSS 320.261 Attaching a Tag Unassigned as I had a dealer plate. They have to prove all 3 points. They can't prove any. But do I need to submit a copy of the statute or is it good enough to reference as the judge & prosecutor should know it?

In submitting Exhibits, when should I ask? Should I wait until I am able to cross-examine the officer & ask if the judge then?

Update, I got it dismissed this morning. Thx

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1 Lawyer Answer
Gary Kollin
Gary Kollin
Answered
  • Criminal Law Lawyer
  • Fort Lauderdale, FL
  • Licensed in Florida

A: I recently represented a person who was criminally cited for using a tag not assigned to a vehicle when it was a dealer tag in a false arrest and section 1983 lawsuit.

There is a notification memorandum issued to all law enforcement agencies in Florida from the Dept. of Highway Safety stating police officers throughout Florida do not understand thst dealer tags are not assigned to any specific vehicle.

It appears that you feel that it is burden for you to prove your innocence.

You should retain counsel. Understanding court procedure is not something that a lay person can do without training and experience just like I could not handle car deals.

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