FL · jury_instructions
Fla. Std. Jury Instr. (Crim.) 28.10
RESTRICTED LICENSE
§ 322.16, Fla. Stat.
To prove the crime of Operating a Motor Vehicle in Violation of the Restrictions Imposed in a Restricted License, the State must prove the following four elements beyond a reasonable doubt:
1. (Defendant) drove a motor vehicle upon a highway in this state.
2. The license was restricted by the Department of Highway Safety and Motor Vehicles of this state.
3. The restriction was noted upon the license.
4. The defendant operated the motor vehicle in violation of the restriction.
§ 322.01, Fla. Stat. Some of these terms (such as “vehicle” and “electric bicycle”) have their own statutory definitions, which should be given if necessary.
“Motor vehicle” means 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 electric bicycles].
“Restricted operator’s or chauffeur’s license” means a license issued by the Department of Highway Safety and Motor Vehicles which is restricted in any manner.
“Highway” means the entire width between the boundary lines of a way or place if any part of that way or place is open to public use for purposes of vehicular traffic.
Lesser Included Offense
RESTRICTED LICENSE — 322.16
CATEGORY ONE
CATEGORY TWO
FLA. STAT.
INS. NO.
None
Attempt
777.04(1)
5.1
Provenance
- Source
- floridabar.org
- Retrieved
- 2026-08-18
- Edition
- 2026-08-18
- Content hash
1ed1df54249cb013fb0ccfb544e6bca235f2f8507d6ae4e05559c4b5cdf3f7ce
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