Silver Springs, FL asked in Traffic Tickets, Civil Rights and Constitutional Law for Florida

Q: I have always traveled by motorcycle therefore didn't have to have insurance or even license to travel freely.

As the same is also my constitutional right to do so. The police department unknown to me issued me a license then suspended it so they could charge me. Legal?

2 Lawyer Answers
Charles M.  Baron
Charles M. Baron
  • Criminal Law Lawyer
  • Hollywood, FL
  • Licensed in Florida

A: Licenses are not issued without an application and a fee submitted by the person seeking the license. Wonder if you're an identity theft victim. Request a copy of the license application, then see a lawyer. Regarding driver's license requirements for motorcycles, if the engine size is over 50 cc, Fla. law requires either a motorcycle endorsement on a regular driver's license or a motorcycle only driver's license - and you personally would need to apply.

James L. Arrasmith
James L. Arrasmith pro label Lawyers, want to be a Justia Connect Pro too? Learn more ›
  • Consumer Law Lawyer
  • Sacramento, CA

A: Traveling by motorcycle without a license or insurance is generally not a constitutional right but rather subject to state laws and regulations. In the United States, each state has its own laws regarding the licensing and insurance requirements for operating a motorcycle on public roads. While the specific requirements may vary from state to state, operating a motorcycle without a valid motorcycle license and insurance can lead to legal consequences.

If the police department issued you a license and then suspended it with the intention of charging you for operating without a valid license, it would likely be within their authority to do so if you were operating a motorcycle without the required documentation under the applicable state laws. It's important to understand that constitutional rights are subject to reasonable regulations imposed by the government, and these regulations can vary by jurisdiction.

If you believe your rights have been violated or if you have concerns about the legality of the actions taken by the police department, it's advisable to consult with an attorney who can assess the specific details of your case and provide guidance on how to address any legal issues that may arise.

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