PC §706(D) - DRIVING WITHOUT A MOTORCYCLE LICENSE
CLASS D MISDEMEANOR
(a) Definition
Driving without a motorcycle license is the act of operating a motorcycle on public roadways without having the proper motorcycle endorsement or motorcycle license issued by the relevant licensing authority.
(b) Elements of the Offense
The following elements must be met to constitute driving without a motorcycle license:
The defendant operated a motorcycle on a public roadway.
The defendant did not possess a valid motorcycle license or endorsement required by the relevant licensing authority at the time of operation.
The defendant knew or should have known that their motorcycle license was invalid, revoked, or not possessed.
(c) Types of Violations
Operating a motorcycle without ever having been issued a motorcycle license.
Operating a motorcycle while the motorcycle license is suspended, revoked, or expired.
Operating a motorcycle with a non-motorcycle vehicle license (e.g., only a regular driver’s license without a motorcycle endorsement).
(d) Defenses
It shall be a defense to a charge of driving without a motorcycle license if the defendant can prove that their motorcycle license was valid at the time of operation or if they were in the process of legally obtaining the license (e.g., through a certified motorcycle training course with a temporary permit).
Lack of evidence of the offense, such as proof of valid licensing or errors in law enforcement documentation, may also serve as a defense if proven by the defendant.
(e) Aggravating Factors
Aggravating factors such as operating the motorcycle without a license while causing an accident, driving under the influence of alcohol or drugs, or prior convictions for similar offenses may result in enhanced penalties or additional charges as determined by the court.
Penalties
Penalties for drivers licenses charges can vary widely depending on the jurisdiction and the specific circumstances of the offense. They may include:
OFFICERS DESCRETION ON IT BEING ARRESTABLE.
JAIL TIME
40 SECONDS OF JAIL TIME.
BOND/FINE SET
$4,000.00
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