7.715 — DRIVING WITHOUT A MOTORCYCLE LICENSE

Violations of "Statute 7.715" results in a Class D Misdemeanor with receiving an additional license point(s) of 2.

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(a) Definitions

Driving without a motorcycle license refers to operating a motorcycle on a public roadway without having the proper licensing or permit as required by the issuing authority. A motorcycle license is typically earned through a specialized testing process that ensures the operator possesses the necessary knowledge and skills to safely operate a motorcycle. This offense applies to individuals who either have no license at all or fail to obtain the specific motorcycle endorsement required for operation.

(b) Elements

To establish the offense of driving without a motorcycle license, the prosecution must prove beyond a reasonable doubt the following elements:

• The defendant was operating a motorcycle on a public road or highway.

• The defendant did not possess a valid motorcycle license or permit at the time of the offense.

• The defendant was required by law to have a motorcycle license or endorsement to operate the vehicle in question.

• The defendant had not obtained the appropriate license or endorsement as required by law.

(c) Defenses

Defenses against a charge of driving without a motorcycle license may include:

• The defendant possessed a valid motorcycle license or permit, but it was temporarily unavailable due to a mistake or lost documentation.

• The defendant was in the process of obtaining a valid motorcycle license or permit, and they were unaware that they were not allowed to operate the motorcycle without it.

• The defendant was operating the motorcycle in a limited or exempt capacity, such as under a provisional or learner’s permit.

• The defendant was driving under an emergency situation that necessitated the use of a motorcycle, and they did not have time to acquire the appropriate license.

(d) Aggravating Factors

The court may consider the following aggravating factors when determining the severity of the offense:

• The defendant has a history of traffic violations or other offenses related to the operation of a motorcycle.

• The defendant was involved in a traffic accident or caused property damage while driving without a motorcycle license.

• The defendant was operating the motorcycle in a reckless or unsafe manner, indicating a disregard for public safety.

• The defendant was operating the motorcycle without wearing a helmet when required by law, which increases the risk of injury.