Fla. Std. Jury Instr. (Crim.) 28.11(a)

§ 322.34(5), Fla. Stat.

To prove the crime of Driving While Designated as a Habitual Traffic Offender, the State must prove the following two elements beyond a reasonable doubt:

1. (Defendant) drove a motor vehicle upon a highway in this state.

2. At the time, [he] [she] was designated as a habitual traffic offender.

§ 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.

“Drive” means to operate or be in actual physical control of a motor vehicle in any place open to the general public for purposes of vehicular traffic.

“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].

State v. Tucker, 761 So. 2d 1248 (Fla. 2d DCA 2000).

“Highway” means the entire width between the boundary lines of every way or place if any part thereof is open to the use of the public for purposes of vehicular traffic. [A privately owned parking lot, that is open to public use by vehicles, is considered to be a highway.]

“Habitual traffic offender” is any person whose record, as maintained by the Department of Highway Safety and Motor Vehicles, shows that [he] [she] has been designated a Habitual Traffic Offender.

The option of “on a vehicle” pertains to a vehicle such as a motorcycle.

“Actual physical control” of a vehicle means the defendant must be physically in or on the vehicle and have the capability to operate the vehicle, regardless of whether [he] [she] is actually operating the vehicle at the time.

Lesser Included Offenses

DRIVING WHILE DESIGNATED AS A HABITUAL TRAFFIC OFFENDER — 322.34(5)

CATEGORY ONE

CATEGORY TWO

FLA. STAT.

INS. NO.

No Valid Driver’s License

322.03

28.9

Attempt

777.04(1)

5.1