Hinson v. State
Hinson v. State
Opinion of the Court
Appellant, Danny Ray Hinson, appeals his conviction and sentence for felony driving while license suspended or revoked (DWLS). We affirm.
Appellant was driving a three-wheeled all-terrain-vehicle (ATV) on the highway when he was stopped by a highway patrol officer for a taillight violation. Appellant was subsequently arrested and convicted for driving under the influence of alcohol (DUI) and for felony DWLS. He now appeals his conviction for felony DWLS, claiming that the trial court erroneously defined “highway” and “motor vehicle” in its instructions to the jury. He contends that he was driving on the shoulder of the road, and was only temporarily on the paved portion to
Appellant also contends that a three-wheeled ATV does not qualify as a motor vehicle under section 322.01(26), Florida Statutes (1995), and therefore, a driver’s license is not required for its operation on the highways of this state. That section defines “motor vehicle” as
any self-propelled vehicle, including a motor vehicle combination, not operated upon rails or guideway, excluding vehicles moved solely by human power, motorized wheelchairs, and motorized bicycles as defined in s. 316.001.
Motorized wheelchairs, motorized bicycles, and mopeds are the motorized vehicles specifically excepted from this section. Thus, although the trial court erroneously included “mopeds” in its definition of “motor vehicle,” this error was harmless because appellant’s three-wheeled ATV does not qualify as any of the designated exceptions. Compare State v. Riley, 698 So.2d 374 (Fla. 2d DCA 1997) (answering in the affirmative a certified question from the county court regarding whether a go-ped is a motor vehicle within the meaning of the Florida Statutes and requires a license for its operation).
Appellant’s remaining claim regarding his sentencing as a habitual offender was not properly preserved through objection at sentencing or in a timely 3.800(b) motion, see Middleton v. State, 689 So.2d 304 (Fla. 1st DCA 1997) and is without merit. Accordingly, we affirm.
. Appellant argues that although witnesses for the state testified that he was driving on the paved portion of the highway at all times, the jury should have been free to reject this evidence and to believe the contradictory evidence on this issue.
Case-law data current through December 31, 2025. Source: CourtListener bulk data.